To Reinstate Clause Examples

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To Reinstate. In the event of damage to or destruction of the Premises or the Estate (to the extent reasonably required for the beneficial use and occupation of the Premises and the rights granted by this Lease) by any of the Insured Risks then subject to: 6.1.2.1 the necessary labour and materials being and remaining available; 6.1.2.2 neither the policy of insurance effected by the Landlord having been vitiated nor payment of the policy monies having been refused in whole or in part by reason of any act, default or neglect of the Tenant; and 6.1.2.3 the Landlord being able to obtain all necessary consents, which it shall use all reasonable endeavours to obtain but the Landlord shall not be obliged to institute any appeal unless reputable Counsel advises the Landlord that there is a strong prospect of such appeal being successful; to diligently apply or procure the application of the insurance proceeds covering the rebuilding and reinstatement costs of the Premises or the Estate (to the extent reasonably required for the beneficial use and occupation of the Premises and the rights granted by this Lease) but excluding those proceeds relating to loss of rent for the purposes of rebuilding and reinstating the Premises (but for the avoidance of doubt not including tenant’s or trade fixtures and fittings) or the Estate (to the extent reasonably required for the beneficial use and occupation of the Premises and the rights granted by this Lease) making good any deficiency in the proceeds (except for any deficiency caused in whole or in part by any act, default or neglect of the Tenant) out of its own resources the Landlord shall use reasonable endeavours to procure that all works are carried out as soon as reasonably practicable in a good and workmanlike manner; PROVIDED THAT in the event of substantial damage to or destruction of the Building by an Insured Risk such rebuilding or reinstatement of the Premises shall be either in the form in which they were immediately before the damage or destruction or in that form with such modifications as: 6.1.2.4 may be required by any competent authority as a condition of the grant of any consent; 6.1.2.5 the Landlord may reasonably make to the design or specification of the Premises to reflect then current building practice; or 6.1.2.6 the Landlord may otherwise reasonably require; but so that the Building as rebuilt and reinstated shall provide accommodation for the Tenant not materially less convenient and commodious than that existi...
To Reinstate. In case the Premises or any part thereof or the essential services supplying the premises shall at any time during the Term be destroyed or damaged by the Insured Risks so as to be unfit for occupation or use then (unless any monies payable under any policy of the Landlord shall be refused either by reason of any act omission neglect or default of the Tenant any undertenant or their respective employees servants agents independent contractors customers visitors licensees invitees or any other person under the Tenant’s or the undertenant’s control or by reason of any breach of the provisions of paragraph 17 of Schedule 4) and subject to the Landlord obtaining all necessary consents licences or approvals (which it shall use its best endeavours consistent with reasonable commercial prudence to obtain) as soon as reasonably practicable and when lawful so to do the Landlord will apply all monies received (other than in respect of loss of rent fees demolition site clearance the cost of boarding and propping and any sums paid to the Landlord to indemnify the Landlord for any liability as owner or as landlord of the Premises or otherwise payable on the occurrence of a risk not involving damage to the Premises all of which shall in all circumstances belong to the Landlord) by virtue of such insurance as aforesaid towards making good so far as practicable the damage to the Premises caused by the Insured Risks but this obligation shall be conditional upon the Tenant’s performance of the covenants on the Tenant’s part contained in paragraph 17 of Schedule 4
To Reinstate. 5.3.1 In the event of the Demised Premises being destroyed or damaged by any Insured Risk then (subject to clause 6.5) to use all reasonable endeavours to lay out any moneys received under the said policy of insurance (except payments in respect of loss of rent which shall belong to the Landlord absolutely) to reinstate the Demised Premises or such part of it as shall have been so destroyed or damaged 5.3.3 In case it shall be impossible or impracticable to reinstate in accordance with paragraph 5. 3.1 above any moneys received under the said policy of insurance (except payments in respect of loss of rent which shall belong to the Landlord absolutely) shall be divided between the Landlord and the Tenant according to the value at the date of the damage or destruction of their respective interests in the Demised Premises (to be determined in default of agreement by a single arbitrator to be appointed by the President on the application of either party)
To Reinstate. 15 5.4 Headlease....................................................... 15 5.5 Management of the Property...................................... 13 5.6 Information..................................................... 14
To Reinstate. (a) Subject to any necessary labour and materials being and remaining available, which the Landlord must use reasonable endeavours to obtain as soon as possible to cause all insurance moneys received (except sums received for loss of rent) to be applied in clearing the site and reinstating the Building or the Premises (as the case may be) and to pay any shortfall out of its own moneys save to the extent that shortfall arises due to the failure of the Tenant to comply with its covenants in Schedule 3 paragraph 17 and/or paragraph 1.2 of this Schedule. (b) Any reference to reinstating the Building or the Premises in paragraphs 2, 3, 4 and 5 of this Schedule means that the Building or Premises are reinstated substantially as they were before the relevant damage or destruction but not so as to provide accommodation identical in layout if it would not be sensibly practicable to do so ) and so far as is reasonably practicable the Landlord, when reinstating the Building/Premises, shall use reasonable endeavours to use materials from sustainable sources subject always to having regard to the economic viability of such materials.

Related to To Reinstate

  • No Reinstatement The Executive agrees that he will not apply for reinstatement with the Company or seek in any way to be reinstated, re-employed or hired by the Company in the future.

  • Revival and Reinstatement If the incurrence or payment of the Guarantied Obligations or the obligations of Guarantor under this Guaranty by Guarantor or the transfer by Guarantor to Agent of any property of Guarantor should for any reason subsequently be declared to be void or voidable under any state or federal law relating to creditors’ rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences, or other voidable or recoverable payments of money or transfers of property (collectively, a “Voidable Transfer”), and if the Lender Group is required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that the Lender Group is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys fees of the Lender Group related thereto, the liability of Guarantor automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made.

  • Reinstatement If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.

  • Discharge; Reinstatement Each Guarantor’s obligations hereunder will remain in full force and effect until the principal of, premium, if any, and interest on the Notes and all other amounts payable by the Company under this Indenture have been paid in full. If at any time any payment of the principal of, premium, if any, or interest on any Note or any other amount payable by the Company under this Indenture is rescinded or must be otherwise restored or returned upon the insolvency, bankruptcy or reorganization of the Company or otherwise, each Guarantor’s obligations hereunder with respect to such payment will be reinstated as though such payment had been due but not made at such time.

  • Reinstatement, etc The Guarantor agrees that this Guaranty shall continue to be effective or be reinstated, as the case may be, if at any time any payment (in whole or in part) of any of the Guaranteed Obligations is rescinded or must otherwise be restored by any Lender Party, upon the insolvency, bankruptcy or reorganization of the Borrowers, any other Loan Party or otherwise, all as though such payment had not been made.