DAMAGE OR DESTRUCTION definition

DAMAGE OR DESTRUCTION. If all or any portion of a Building or Parcel, other than Common Area, is damaged by fire or other casualty, the Owner of the Improvement shall either (i) restore the damaged Improvements or (ii) remove all damaged Improvements, including foundations, and leave the Parcel in a clean and safe condition. Any restoration under clause (i) preceding must be performed so that the Improvements are in substantially the same condition in which they existed prior to the damage, unless the Owner complies with the provisions of Article XI. Unless extended by the Board, the Owner must commence such work within one hundred eighty (180) days after the damage occurs and must complete the work within one (1) year thereafter.
DAMAGE OR DESTRUCTION. The risk of loss of or damage to the Property by reason of any insured or uninsured casualty during the period up to and including the Closing Date shall be borne by Seller. In the event of any "material damage", as hereinafter defined, to or destruction of the Property or any portion thereof, Buyer may, at its option, by notice to Seller, given within ten (10) days after Buyer is notified of such material damage or destruction (but before the Closing): (i) unilaterally terminate this Agreement and the Deposit shall be immediately returned to Buyer, together with all interest earned thereon; or (ii) proceed under this Agreement with no reduction in the Purchase Price, receive any insurance proceeds due Seller as a result of such damage or destruction and assume responsibility for such repair. If the Property is not materially damaged, then Buyer shall not have the right to terminate this Agreement, but Seller shall, at its cost, repair the damage before the Closing in a manner reasonably satisfactory to Buyer, or, credit Buyer at Closing for the reasonable cost to complete the repair. (Seller and Buyer shall mutually agree as to the reasonable cost to complete the repair in this circumstance). For purposes of this SECTION 16.1, "material damage" and "materially damaged" means damage reasonably exceeding $200,000 to repair, as determined by an independent architect reasonably satisfactory to Seller and Buyer.
DAMAGE OR DESTRUCTION is Section 11 of the Agreement;

Examples of DAMAGE OR DESTRUCTION in a sentence

  • IN THE EVENT OF LOSS, DAMAGE, OR DESTRUCTION OF ANY PROPERTY OF CUSTOMER OR THE STATE DUE TO THE NEGLIGENCE, MISCONDUCT, WRONGFUL ACT OR OMISSION ON THE PART OF THE VENDOR, ITS EMPLOYEES, AGENTS, REPRESENTATIVES, OR SUBCONTRACTORS, THE VENDOR SHALL PAY THE FULL COST OF EITHER REPAIR, RECONSTRUCTION, OR REPLACEMENT OF THE PROPERTY, AT THE CUSTOMER’S SOLE ELECTION.

  • MBA UNDERTAKES NO DUTY TO EXERCISE CARE, NOR ASSUMES ANY RESPONSIBILITY FOR THE PROTECTION OF THE PROPERTY OF THE EXHIBITOR OR ITS REPRESENTATIVES, OR OF PROPERTY USED IN CONNECTION WITH THE EXHIBIT, FROM THEFT OR DAMAGE OR DESTRUCTION BY FIRE, ACCIDENT OR OTHER CAUSE.

  • FOR ANY PERSONAL INJURY TO OR DEATH OF ANY PERSON, FOR ANY LOSS, DAMAGE OR DESTRUCTION OF ANY PROPERTY RELATING TO THE USE, LACK OF ACCESS TO OR PROVISION OF, 911 EMERGENCY SERVICE.

  • DAMAGE OR DESTRUCTION OF PREMISES In the event the premises are destroyed or becomes damaged to the extent that they are not fit for the use, time reserved will be terminated.

  • A #non-complying building# may be reconstructed pursuant to Section 54-40 (DAMAGE OR DESTRUCTION IN NON-COMPLYING BUILDINGS).

  • EXCEPT FOR A BREACH OF ITS CONFIDENTIALITY OBLIGATIONS UNDER SECTION 16 OR ANY LIABILITY OSI MAY HAVE FOR PERSONAL INJURY OR DAMAGE OR DESTRUCTION OF REAL OR TANGIBLE PERSONAL PROPERTY OR LIABILITY RESULTING FROM OSI'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OSI'S LIABILITY FOR DAMAGES FROM ANY CAUSE OF ACTION WHATSOEVER RELATING TO OSI'S AGREEMENT TO PROVIDE SUPPORT SHALL BE LIMITED TO THE AMOUNT PAID BY BISYS TO OSI FOR SUPPORT DURING THE PRECEDING TWELVE (12) MONTH PERIOD PURSUANT TO THE AGREEMENT.

  • Rule 4 - DAMAGE OR DESTRUCTION OF SCHOOL AND/OR PRIVATE PROPERTYA student shall not cause or attempt damage to school property, including trees, landscaping, fences, athletic facilities, desks, lighting fixtures, heating and air conditioning fixtures, instructional materials, etc.

  • ARTICLE 8.00 DAMAGE OR DESTRUCTION The partial destruction or damage or complete destruction by fire or other casualty of the Improvements constructed upon the Lands shall neither terminate this Lease nor entitle the Lessee to surrender possession of the Leased Premises or to demand any abatement or reduction of the Rent, any law or statute now or in the future to the contrary notwithstanding.

  • COMPANY SHALL NOT BE LIABLE FOR LOST PROFITS, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES CAUSED BY (A) LOSS, DAMAGE OR DESTRUCTION OF ANY ELEMENTS, OR OTHER PROPERTY; (B) DELAY IN PROVIDING OR FAILING TO PROVIDE GOODS OR SERVICES; (C) DEFECTIVE PRODUCTS OR SERVICES PROVIDED BY COMPANY; OR (D) ERRORS BY COMPANY IN LABELING OR SHIPPING OR DELIVERY, EVEN IF ANY OF THE FOREGOING, (A) THROUGH (D), ARE CAUSED BY NEGLIGENCE OF COMPANY OR COMPANY’S PERSONNEL.

  • Owner shall h DAMAGE OR DESTRUCTION In the event of damage to or destruction of the Property or any part thereof, Owner may at its election proceed to repair or rebuild.


More Definitions of DAMAGE OR DESTRUCTION

DAMAGE OR DESTRUCTION. Notwithstanding anything to the contrary in the Lease Form, Landlord shall notify Tenant within thirty (30) days following any damage to or destruction of the Premises (or the Building if such damage or destruction interferes with Tenant's use of the Premises) the length of time Landlord reasonably estimates to be necessary for repair or restoration. Tenant shall have the right to terminate the Lease within fifteen (15) days following receipt of such notice if restoration or repair of the Premises will take more than one hundred eighty (180) days.
DAMAGE OR DESTRUCTION in the event of damages to the immovable or to the leased premises or to both, or in the event of their total or partial destruction caused by fire, lightning, storms or by any other accident or similar event, then: 14.5.1 the lease shall remain in force and shall not be cancelled, except as set out herein; 14.5.2 the LESSOR must undertake and finish, as soon as possible having regard to the circumstances, the requisite rebuilding and repair work, provided such work is performed as, how and when the LESSOR, at its sole discretion, shall determine, on the understanding that under no circumstances shall the LESSOR be obliged to either repair or rebuild the leased premises or the building in their original form, specifications or dimensions, and provided the building is rebuilt or repaired in compliance with applicable standards then in force for buildings comparable in size and nature to the building that is being rebuilt or repaired; 14.5.3 upon receipt of the notice from the LESSOR indicating that it has completed the rebuilding or repair work which it was obliged to perform, the LESSEE must immediately undertake and promptly complete the repair and rebuilding of the leased premises and must immediately thereafter start carrying on its business again in the leased premises; 14.5.4 the LESSEE is not entitled to any abatement or reduction in rent unless the leased premises have been destroyed in whole or in part and then only to the extent that such destruction substantially deprives it of the enjoyment of the leased premises and until the leased premises have been rebuilt or repaired in the manner set out in paragraph 14.5.2 above; 14.5.5 notwithstanding the provisions of paragraphs 14.5.1, 14.5.2 and 14.5.3, the LESSOR may cancel this lease, at its sole discretion, no later than sixty (60) days following the occurrence of the damages or destruction, by giving the LESSEE a written notice of its intention; such cancellation shall be enforceable on the date indicated in the notice.
DAMAGE OR DESTRUCTION means any damage to or the destruction in whole or in part of any of the Buildings and other Improvements on the Premises;
DAMAGE OR DESTRUCTION means the total or partial destruction of the Leased Premises from any cause, rendering the premises totally or partially inaccessible or unusable.
DAMAGE OR DESTRUCTION. If the demised premises or any part thereof shall be damaged or destroyed by fire or other casualty, Landlord shall promptly repair all such damage and restore the demised premises without expense to Tenant, subject to delays due to adjustment of insurance claims, strikes and other causes beyond Landlord's control. If such damage or destruction shall render the premises untenantable in whole or in part, the rent shall be abated wholly or proportionately as the case may be until the damage shall be repaired and the premises restored. If the damage or destruction shall be so extensive as to require the substantial rebuilding (i.e., expenditure of fifty (50%) percent or more of replacement costs) of the building or buildings on the demised premises, Landlord or Tenant may elect to terminate this lease by written notice to the other given thirty (30) days after the occurrence of such damage or destruction. Landlord and Tenant hereby release each other from liability for loss or damage occurring on or to the leased premises or the premises of which they are a part or to the contents of either thereof, caused by fire or other hazards ordinarily covered by fire and extended coverage insurance policies and each waives all rights of recovery against the other for such loss or damage. Willful misconduct lawfully attributable to either part, whether in whole or in part a contributing cause of the casualty giving rise to the loss or damage, shall not be excused under the foregoing release and waiver.

Related to DAMAGE OR DESTRUCTION

  • Premises Building Partial Damage means if the Building of which the Premises are a part is damaged or destroyed to the extent that the cost to repair is less than fifty percent (50%) of the then Replacement Cost of the building.

  • Casualty Loss means, with respect to all or any portion of the Assets, any destruction by fire, storm or other casualty, or any condemnation or taking or threatened condemnation or taking, of all or any portion of the Assets.

  • Casualty shall have the meaning set forth in Section 6.2 hereof.

  • Damage means actual and/or physical damage to tangible property;

  • Premises Total Destruction means damage or destruction to the Premises, other than Lessee-Owned Alterations and Utility Installations, the repair cost of which damage or destruction is fifty percent (50%) or more of the then Replacement Cost of the Premises (excluding Lessee-Owned Alterations and Utility Installations and Trade Fixtures) immediately prior to such damage or destruction. In addition, damage or destruction to the Building, other than Lessee-Owned Alterations and Utility Installations and Trade Fixtures of any lessees of the Building, the cost of which damage or destruction is fifty percent (50%) or more of the then Replacement Cost (excluding Lessee-Owned Alterations and Utility Installations and Trade Fixtures of any lessees of the Building) of the Building shall, at the option of Lessor, be deemed to be Premises Total Destruction.

  • Premises Building Total Destruction means if the Building of which the Premises are a part is damaged or destroyed to the extent that the cost to repair is fifty percent (50%) or more of the then Replacement Cost of the Building.

  • Premises Partial Damage means damage or destruction to the Premises, other than Lessee-Owned Alterations and Utility Installations, the repair cost of which damage or destruction is less than fifty percent (50%) of the then Replacement Cost (as defined in Paragraph 9.1(d)) of the Premises (excluding Lessee-Owned Alterations and Utility Installations and Trade Fixtures) immediately prior to such damage or destruction.

  • Utility Installation means carpeting, window coverings, air lines, power panels, electrical distribution systems, lighting fixtures, space heaters, air conditioning, plumbing, and fencing. Lessor may require that Lessee remove any or all of said alterations, improvements, additions or Utility Installations at the expiration of the term, and restore the Premises to their prior condition. Lessor may require Lessee to provide Lessor, at Lessee's sole cost and expense, a lien and completion bond in an amount equal to one and one-half times the estimated cost of such improvements, to insure Lessor against any liability for mechanic's and materialmen's liens and to insure completion of the work. Should Lessee make any alterations, improvements, additions or Utility Installations without the prior approval of Lessor, Lessor may require that Lessee remove any or all of the same.

  • Tenant’s Property means Removable Installations and, other than Installations, any personal property or equipment of Tenant that may be removed without material damage to the Premises, and (z) “Installations” means all property of any kind paid for by Landlord, all Alterations, all fixtures, and all partitions, hardware, built-in machinery, built-in casework and cabinets and other similar additions, equipment, property and improvements built into the Premises so as to become an integral part of the Premises, including, without limitation, fume hoods which penetrate the roof or plenum area, built-in cold rooms, built-in warm rooms, walk-in cold rooms, walk-in warm rooms, deionized water systems, glass washing equipment, autoclaves, chillers, built-in plumbing, electrical and mechanical equipment and systems, and any power generator and transfer switch.

  • Utility Installations is used in this Lease to refer to all air lines, power panels, electrical distribution, security, fire protection systems, communications systems, lighting fixtures, heating, ventilating and air conditioning equipment, plumbing, and fencing in, on or about the Premises. The term "TRADE FIXTURES" shall mean Lessee's machinery and equipment which can be removed without doing material damage to the Premises. The term "ALTERATIONS" shall mean any modification of the improvements on the Premises which are provided by Lessor under the terms of this Lease, other than Utility Installations or Trade Fixtures. "LESSEE-OWNED ALTERATIONS AND/OR UTILITY INSTALLATIONS" are defined as Alterations and/or Utility Installations made by Lessee that are not yet owned by Lessor pursuant to Paragraph 7.4(a). Lessee shall not make nor cause to be made any Alterations or Utility Installations in, on, under or about the Premises without Lessor's prior written consent. Lessee may, however, make non-structural Utility Installations to the interior of the Premises (excluding the roof) without Lessor's consent but upon notice to Lessor, so long as they are not visible from the outside of the Premises, do not involve puncturing, relocating or removing the roof or any existing walls, or changing or interfering with the fire sprinkler or fire detection systems and the cumulative cost thereof during the term of this Lease as extended does not exceed $2,500.00.

  • Damage to Property means physical injury to or destruction of tangible property, including the loss of its use. Tangible property includes the cost of recreating or replacing stocks, bonds, deeds, mortgages, bank deposits and similar instruments, but does not include the value represented by such instruments.

  • Untenantable means that Tenant shall be unable to occupy and shall not be occupying the Premises or the applicable portion thereof for the conduct of business ordinarily conducted in the Premises as a result of the Casualty.

  • Leasehold Improvements means all buildings, structures, improvements and fixtures located on any Leased Real Property which are owned by any Group Company, regardless of whether title to such buildings, structures, improvements or fixtures are subject to reversion to the landlord or other Third Party upon the expiration or termination of the Lease for such Leased Real Property.

  • Trade Fixtures means Lessee’s machinery and equipment that can be removed without doing material damage to the Premises. The term “Alterations” shall mean any modification of the improvements, other than Utility Installations or Trade Fixtures, whether by addition or deletion. “Lessee Owned Alterations and/or Utility Installations” are defined as Alterations and/or Utility Installations made by Lessee that are not yet owned by Lessor pursuant to Paragraph 7.4(a).

  • Customer’s Installation means an Electrical Installation and includes Distributed Generation, if Distributed Generation is connected to a Customer's Installation; "Customer’s Premises" means the land and buildings owned or occupied by a Customer, and any land over which the Customer has an easement or right to pass electricity, including:

  • Severe property damage means substantial physical damage to property, damage to the treatment facilities which would cause them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

  • Leased Property shall have the meaning given such term in Section 2.1.

  • Leased Premises means the Leased Premises as defined in Paragraph 1.

  • Subleased Premises means such portions of the Leased Premises being particularly identified on Schedule B, which the parties agree, for the purposes of this Sublease and any square footage calculations pursuant hereto, is approximately 42,244 square feet of office (21,068 square feet on the third floor and 21,176 square feet on the seventh floor) and approximately 9.4312% of common space (building rentable area is 447,917 square feet).

  • Customer Premises Equipment or "CPE" means equipment employed on the premises of a Person other than a Carrier to originate, route or terminate Telecommunications (e.g., a telephone, PBX, modem pool, etc.).

  • Repair means the reconstruction, replacement, or renewal of any part of an existing building for the purpose of its maintenance or to correct damage.

  • Major Damage means damage that in the estimation of the surveyor exceeds USD

  • Rentable Area of the Premises The amount of square footage set forth in Section 1.01(10).

  • Work loss means loss of income from work the injured victim would have performed if the injured victim had not been injured and expenses reasonably incurred by the injured victim in obtaining services in lieu of those the injured victim would have performed for income, reduced by any income from substitute work the injured victim was capable of performing but unreasonably failed to undertake.

  • Tenant Party means any of the following persons: Tenant; any assignees claiming by, through, or under Tenant; any subtenants claiming by, through, or under Tenant; and any of their respective agents, contractors, employees, licensees, guests and invitees.

  • the Premises means the building or part of the building booked and referred to in the contract