WAR DAMAGE Sample Clauses

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WAR DAMAGE. We do not cover loss resulting directly or indirectly from war. This includes undeclared war, civil war, insurrection, rebellion, revolution, warlike act by military personnel, destruction or seizure or use for military purpose, and any consequence of these. Discharge of a nuclear weapon will be deemed a warlike act even if accidental.
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WAR DAMAGE. Procedures following war damage 32.1 In the event of the Works or any unfixed materials and goods intended for, delivered to and placed on or adjacent to the Works sustain war damage then notwithstanding anything expressed or implied elsewhere in the Contract: 32.1 (a) the occurrence of such war damage shall be disregarded in computing any amounts payable to the Contractor under or by virtue of the Contract; 32.1(b) the Architect may issue AI requiring the Contractor to remove and/or dispose of any debris and/or damaged work and/or to execute such protective work as specified; 32.1(c) the Contractor shall reinstate or make good such war damage and shall proceed with the carrying out and completion of the Works, and the Architect shall grant to the Contractor a fair and reasonable extension of time for the completion of the Works; and 32.1(d) the removal and disposal of debris or damaged work, the execution of protective works and the reinstatement and making good of such war damage shall be deemed to be a Variation required by the Architect.
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Related to WAR DAMAGE

  • Loss or Damage The District and its agents and authorized representatives shall not in any way or manner be answerable or suffer loss, damage, expense, or liability for any loss or damage that may happen to the Work, or any part thereof, or in or about the same during its construction and before acceptance, and the Contractor shall assume all liabilities of every kind or nature arising from the Work, either by accident, negligence, theft, vandalism, or any cause whatsoever; and shall hold the District and its agents and authorized representatives harmless from all liability of every kind and nature arising from accident, negligence, or any cause whatsoever.

  • Major Damage In the event of Major Damage to a Property prior to the Closing Date, then the applicable Seller shall have no obligation to repair such Major Damage and shall notify Purchaser in writing of such damage or destruction (the “Damage Notice”). Within ten (10) days after Purchaser’s receipt of the Damage Notice, Purchaser may elect at its option to give a Termination Notice for the damaged Property to Seller’s Representative. If Purchaser does not elect to terminate this Agreement with respect to the damaged Property, this transaction shall be closed in accordance with the terms of this Agreement either, at the election of the applicable Seller, (a) for the full Purchase Price for the damaged Property notwithstanding any such damage or destruction, and Purchaser shall, at Closing, execute and deliver an assignment and assumption (in a form reasonably required by the applicable Seller) of such Seller’ rights and obligations with respect to the insurance claim and related to such casualty, and thereafter Purchaser shall receive all remaining insurance proceeds pertaining to such claim (plus a credit against the applicable Purchase Price at Closing in the amount of any deductible payable by the applicable Seller in connection therewith and not spent by such Seller for demolition, site cleaning, restoration or other repairs); or (b) Purchaser shall receive a credit against the Base Purchase Price for the damaged Property for the full replacement costs of repair to the subject Property, plus, to the extent covered by such Seller’s insurance policy, any costs required pursuant to local code or zoning requirements, as determined by an independent third party reasonably acceptable to such Seller and Purchaser. In the event a Seller elects to assign such Seller's rights and obligations with respect to the insurance claim and related casualty to Purchaser as provided above, and if an AIMCO employee is the adjuster for the claim related thereto, Sellers covenant and agree that the adjuster shall act in accordance with standard insurance industry protocols in processing such claim (including, without limitation, the time taken to process such claim).

  • Casualty Damage (A) Restoration of damage If the premises or any part thereof shall be damaged by fire or other casualty, tenant shall give prompt notice to landlord. In such event and within 120 days from the date of such casualty, landlord shall (at landlord's expense, and not as a part of operating expenses) commence to restore the premises and thereafter diligently complete such restoration. Such repair shall substantially restore the condition of the premises prior to the casualty, except for modifications required by zoning and building codes and other laws, and except that landlord shall not be required to repair or replace any of tenant's furniture, furnishings, fixtures, or equipment. Landlord shall not be liable for any inconvenience or annoyance to tenant or its visitors, or injury to tenant's business resulting in any way from such damage or the repair thereof, except that landlord shall allow tenant a proportionate abatement of rent during the time and to the extent the premises are unfit for occupancy, and not occupied by tenant as a result of such damages. (B) Termination of lease for substantial damage Notwithstanding the foregoing to the contrary, if the property shall be damaged by fire or other casualty, landlord shall notify tenant within 90 days after the fire or other casualty, and within 15 days after such notice, landlord or tenant may at either's option, terminate, without liability to the other party, this lease by giving notice to the other of such termination in the event that any of the following conditions occur: (1) In landlord's reasonable opinion, repairs cannot be completed within 120 days after being commenced without the payment of overtime or other premiums; (2) In landlord's reasonable opinion, more than 30% of the rentable area of the property is damaged to any material extent (which shall include damage by smoke or water) whether or not the premises shall have been damaged by such fire or other casualty; (3) Any holder (as defined in article XXVI) shall require that the insurance proceeds or any portion thereof be used to retire the mortgage debt (or shall terminate the ground lease, as the case may be); or (4) The damage is not covered by landlord's insurance policies (provided landlord has maintained the insurance coverage required hereunder).In the event said notice to terminate is not given, landlord agrees to complete the required repairs and the restoration, replacement, and rebuilding of the property, subject to unavoidable delay, within two years from the date of such casualty. Upon failure of landlord to complete such work on or before such completion date as the same may be thus extended, tenant may, at its option, cancel this lease by written notice to landlord.