{"component": "definition", "props": {"groups": [{"snippet": "means the largest monetary loss within one area that may be expected to result from a single fire with protection impaired, the control of the fire mainly dependent on physical barriers or separations and a delayed manual firefighting by public and/or private fire brigades. If Landlord reasonably believes that the Maximum Foreseeable Loss has increased at any time during the Term, it shall have the right (unless Tenant and Landlord agree otherwise) to have such Maximum Foreseeable Loss redetermined by an impartial national insurance company reasonably acceptable to both parties (the \u201cImpartial Appraiser\u201d), or, if the parties cannot agree on an Impartial Appraiser, then by an Expert appointed in accordance with Section 34.1 hereof. The determination of the Impartial Appraiser (or the Expert, as the case may be) shall be final and binding on the parties hereto, and Tenant shall forthwith adjust the amount of the insurance carried pursuant to this Article XIII to the amount so determined by the Impartial Appraiser (or the Expert, as the case may be), subject to the approval of the Facility Mortgagee, as applicable. Each party shall pay one-half (1/2) of the fee, if any, of the Impartial Appraiser. If Landlord pays the Impartial Appraiser, fifty percent (50%) of such costs shall be Additional Charges hereunder and if Tenant pays such Impartial Appraiser, fifty percent (50%) of such costs shall be a credit against the next Rent payment hereunder. If Tenant has undertaken any structural alterations or additions to the Leased Property having a cost or value in excess of Twenty Five Million Dollars ($25,000,000), Landlord may at Tenant\u2019s expense have the Maximum Foreseeable Loss redetermined at any time after such improvements are made, regardless of when the Maximum Foreseeable Loss was last determined.", "samples": [{"hash": "aAp21EwhbAD", "uri": "/contracts/aAp21EwhbAD#maximum-foreseeable-loss", "label": "Lease (Bally's Chicago, Inc.)", "score": 36.5920602327, "published": true}, {"hash": "jL2R0Ohi5TC", "uri": "/contracts/jL2R0Ohi5TC#maximum-foreseeable-loss", "label": "Ground Lease (Bally's Chicago, Inc.)", "score": 35.9459266663, "published": true}, {"hash": "4WYN9FmkZlv", "uri": "/contracts/4WYN9FmkZlv#maximum-foreseeable-loss", "label": "Ground Lease (Bally's Chicago, Inc.)", "score": 35.9459266663, "published": true}], "snippet_links": [{"key": "control-of-the", "type": "clause", "offset": [128, 142]}, {"key": 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"definition", "offset": [1554, 1562]}, {"key": "at-tenant", "type": "definition", "offset": [1646, 1655]}], "size": 36, "hash": "d48f6b93fc40a04a0d31c52d0299f7f7", "id": 1}, {"snippet": "As defined in Section 13.2.", "samples": [{"hash": "jL2R0Ohi5TC", "uri": "/contracts/jL2R0Ohi5TC#maximum-foreseeable-loss", "label": "Ground Lease (Bally's Chicago, Inc.)", "score": 35.9459266663, "published": true}, {"hash": "4WYN9FmkZlv", "uri": "/contracts/4WYN9FmkZlv#maximum-foreseeable-loss", "label": "Ground Lease (Bally's Chicago, Inc.)", "score": 35.9459266663, "published": true}, {"hash": "f71mMFXgCAt", "uri": "/contracts/f71mMFXgCAt#maximum-foreseeable-loss", "label": "Master Lease (PENN Entertainment, Inc.)", "score": 34.1444206238, "published": true}], "snippet_links": [{"key": "section-132", "type": "clause", "offset": [14, 26]}], "size": 32, "hash": "120257610096a4a77bc122187abc21c9", "id": 2}, {"snippet": "means the largest combined property loss and loss of income, which can occur under the most adverse conditions reasonably foreseeable.", "samples": [{"hash": "5t4vmfslzZi", "uri": "/contracts/5t4vmfslzZi#maximum-foreseeable-loss", "label": "Substitute Natural Gas Purchase and Sale Agreement", "score": 23.0037536621, "published": true}, {"hash": "8AZuW0CNICI", "uri": "https://icc.illinois.gov/docket/P2011-0710/documents/180238/files/317454.pdf", "label": "Substitute Natural Gas Purchase and Sale Agreement", "score": 11.0654621124, "published": false}, {"hash": "fU5ZWYMXYWq", "uri": "https://www.icc.illinois.gov/docket/P2011-0710/documents/175370/files/308931.pdf", "label": "Substitute Natural Gas Purchase and Sale Agreement", "score": 9.9828882217, "published": false}], "snippet_links": [{"key": "property-loss", "type": "clause", "offset": [27, 40]}, {"key": "loss-of-income", "type": "definition", "offset": [45, 59]}, {"key": "adverse-conditions", "type": "clause", "offset": [92, 110]}, {"key": "reasonably-foreseeable", "type": "clause", "offset": [111, 133]}], "size": 4, "hash": "574456993a838d2530ef116f3a7559fd", "id": 3}, {"snippet": "means the largest monetary loss within one area that may be expected to result from a single fire with protection impaired, the control of the fire mainly dependent on physical barriers or separations and a delayed manual firefighting by public and/or private fire brigades. If Landlord reasonably believes that the Maximum Foreseeable Loss has increased at any time during the Term, it shall have the right to do so on commercially reasonable terms.", "samples": [{"hash": "cPUK3vXTwoM", "uri": "/contracts/cPUK3vXTwoM#maximum-foreseeable-loss", "label": "Master Lease (Seritage Growth Properties)", "score": 28.1991786957, "published": true}, {"hash": "a7hesCTWivK", "uri": "/contracts/a7hesCTWivK#maximum-foreseeable-loss", "label": "Master Lease (Sears Holdings Corp)", "score": 26.527721405, "published": true}, {"hash": "awnqetUWRlQ", "uri": "/contracts/awnqetUWRlQ#maximum-foreseeable-loss", "label": "Master Lease (Seritage Growth Properties)", "score": 26.5195064545, "published": true}], "snippet_links": [{"key": "control-of-the", "type": "clause", "offset": [128, 142]}, {"key": "reasonably-believes", "type": "definition", "offset": [287, 306]}, {"key": "at-any-time", "type": "clause", "offset": [355, 366]}, {"key": "during-the-term", "type": "clause", "offset": [367, 382]}, {"key": "right-to", "type": "definition", "offset": [402, 410]}, {"key": "commercially-reasonable-terms", "type": "definition", "offset": [420, 449]}], "size": 4, "hash": "76a92462d8dd063a08d0e57507724561", "id": 4}, {"snippet": "means the maximum foreseeable loss associated with the Resort determined from time to time by AON Risk Services or another professional insurance consultant retained by the Authority; provided that the amount thereof shall be not less than $750,000,000. As of January 21, 2005, the Maximum Foreseeable Loss was determined to be $950,000,000.", "samples": [{"hash": "3SF5IWwPaao", "uri": "https://www.sec.gov/Archives/edgar/data/1005276/000119312505029583/dex431.htm", "label": "Senior Note (Mohegan Tribal Gaming Authority)", "score": 9.0, "published": false}, {"hash": "jkKW3cSAqll", "uri": "https://www.sec.gov/Archives/edgar/data/1005276/000119312505029583/dex428.htm", "label": "Senior Subordinated Note (Mohegan Tribal Gaming Authority)", "score": 9.0, "published": false}], "snippet_links": [{"key": "associated-with", "type": "definition", "offset": [35, 50]}, {"key": "from-time-to-time", "type": "clause", "offset": [73, 90]}, {"key": "risk-services", "type": "definition", "offset": [98, 111]}, {"key": "insurance-consultant", "type": "clause", "offset": [136, 156]}, {"key": "by-the-authority", "type": "clause", "offset": [166, 182]}, {"key": "provided-that", "type": "definition", "offset": [184, 197]}], "size": 3, "hash": "3a50f1de6955315757c8e4fdafa715c2", "id": 5}, {"snippet": "means the estimated largest loss which can be expected to occur to the Facility under normal circumstances and normal plant conditions, as adjusted pursuant to Section 11.3(e) of the Facility Lease. ---------------", "samples": [{"hash": "l6RNoRkXlm0", "uri": "/contracts/l6RNoRkXlm0#maximum-foreseeable-loss", "label": "Participation Agreement (Mirant Mid Atlantic LLC)", "score": 18.0, "published": true}, {"hash": "kQiGzDbxUNu", "uri": "/contracts/kQiGzDbxUNu#maximum-foreseeable-loss", "label": "Participation Agreement (Mirant Mid Atlantic LLC)", "score": 18.0, "published": true}], "snippet_links": [{"key": "to-the-facility", "type": "definition", "offset": [64, 79]}, {"key": "normal-circumstances", "type": "definition", "offset": [86, 106]}, {"key": "plant-conditions", "type": "clause", "offset": [118, 134]}, {"key": "as-adjusted", "type": "definition", "offset": [136, 147]}, {"key": "pursuant-to-section", "type": "definition", "offset": [148, 167]}, {"key": "the-facility-lease", "type": "clause", "offset": [179, 197]}], "size": 3, "hash": "7a6a095ce16fa870ed8bf7a987033aeb", "id": 6}, {"snippet": "means the maximum foreseeable casualty loss associated with the Mohegan Sun determined from time to time by AON Risk Services or another professional insurance consultant retained by the Borrower and reasonably acceptable to the Administrative Agent, provided that the amount thereof shall not be less than $750,000,000. As of the Closing Date, the Maximum Foreseeable Loss has been determined to be $1,037,968,730, but the Borrower shall have the right to engage AON Risk Services or another professional insurance consultant retained by the Borrower and reasonably acceptable to the Administrative Agent to reassess the Maximum Foreseeable Loss from time to time during the term of this Agreement.", "samples": [{"hash": "K1OBTeKZlc", "uri": "/contracts/K1OBTeKZlc#maximum-foreseeable-loss", "label": "Loan Agreement (Mohegan Tribal Gaming Authority)", "score": 21.0, "published": true}, {"hash": "6I0fSPGQbln", "uri": "/contracts/6I0fSPGQbln#maximum-foreseeable-loss", "label": "Loan Agreement (Mohegan Tribal Gaming Authority)", "score": 21.0, "published": true}], "snippet_links": [{"key": "maximum-foreseeable-casualty-loss", "type": "definition", "offset": [10, 43]}, {"key": "associated-with", "type": "definition", "offset": [44, 59]}, {"key": "mohegan-sun", "type": "definition", "offset": [64, 75]}, {"key": "from-time-to-time", "type": "clause", "offset": [87, 104]}, {"key": "risk-services", "type": "definition", "offset": [112, 125]}, {"key": "insurance-consultant", "type": "clause", "offset": [150, 170]}, {"key": "by-the-borrower", "type": "clause", "offset": [180, 195]}, {"key": "the-administrative-agent", "type": "definition", "offset": [225, 249]}, {"key": "provided-that", "type": "definition", "offset": [251, 264]}, {"key": "as-of-the-closing-date", "type": "clause", "offset": [321, 343]}, {"key": "the-borrower-shall", "type": "clause", "offset": [420, 438]}, {"key": "right-to", "type": "definition", "offset": [448, 456]}, {"key": "during-the-term-of-this-agreement", "type": "clause", "offset": [665, 698]}], "size": 2, "hash": "404c2a9b4a64de90c7b9f87107e36cda", "id": 7}, {"snippet": "has the meaning ascribed thereto in Section 10.06; [NTD: Added by Am#3.]", "samples": [{"hash": "dz6ro9mHryG", "uri": "/contracts/dz6ro9mHryG#maximum-foreseeable-loss", "label": "Ground Lease", "score": 30.398399353, "published": true}, {"hash": "uwllzePNqj", "uri": "/contracts/uwllzePNqj#maximum-foreseeable-loss", "label": "Ground Lease", "score": 24.245721817, "published": true}], "snippet_links": [], "size": 2, "hash": "04a6914c84d7e0f179f7efb0bdabba26", "id": 8}, {"snippet": "As defined in Section 13.2. Merger Agreement: That certain Agreement and Plan of Merger dated as of April 15, 2018 by and among Tenant\u2019s Parent, Delta Merger Sub, Inc., Landlord and Tenant.", "samples": [{"hash": "7jvbBVNYDSJ", "uri": "/contracts/7jvbBVNYDSJ#maximum-foreseeable-loss", "label": "Master Lease (Eldorado Resorts, Inc.)", "score": 31.4531135559, "published": true}], "snippet_links": [{"key": "section-132", "type": "clause", "offset": [14, 26]}, {"key": "merger-agreement", "type": "definition", "offset": [28, 44]}, {"key": "agreement-and-plan-of-merger", "type": "clause", "offset": [59, 87]}, {"key": "dated-as-of", "type": "definition", "offset": [88, 99]}, {"key": "april-15", "type": "definition", "offset": [100, 108]}, {"key": "merger-sub", "type": "definition", "offset": [151, 161]}, {"key": "landlord-and-tenant", "type": "definition", "offset": [169, 188]}], "size": 2, "hash": "36603bc4a99b39e3fb85f789aee96951", "id": 9}, {"snippet": "shall have the meaning set forth in Section 6.1(i) hereof.", "samples": [{"hash": "a5pUeyPEOPQ", "uri": "/contracts/a5pUeyPEOPQ#maximum-foreseeable-loss", "label": "Loan Agreement (Eldorado Resorts, Inc.)", "score": 29.7474327087, "published": true}], "snippet_links": [], "size": 1, "hash": "782ca70c7ad44bf4585ae268b0415e72", "id": 10}], "next_curs": "CmUSX2oVc35sYXdpbnNpZGVyY29udHJhY3RzckELEhpEZWZpbml0aW9uU25pcHBldEdyb3VwX3Y1NiIhbWF4aW11bS1mb3Jlc2VlYWJsZS1sb3NzIzAwMDAwMDBhDKIBAmVuGAAgAA==", "definition": {"title": "Maximum Foreseeable Loss", "snippet": "means the largest monetary loss within one area that may be expected to result from a single fire with protection impaired, the control of the fire mainly dependent on physical barriers or separations and a delayed manual firefighting by public and/or private fire brigades. If Landlord reasonably believes that the Maximum Foreseeable Loss has increased at any time during the Term, it shall have the right (unless Tenant and Landlord agree otherwise) to have such Maximum Foreseeable Loss redetermined by an impartial national insurance company reasonably acceptable to both parties (the \u201cImpartial Appraiser\u201d), or, if the parties cannot agree on an Impartial Appraiser, then by an Expert appointed in accordance with Section 34.1 hereof. The determination of the Impartial Appraiser (or the Expert, as the case may be) shall be final and binding on the parties hereto, and Tenant shall forthwith adjust the amount of the insurance carried pursuant to this Article XIII to the amount so determined by the Impartial Appraiser (or the Expert, as the case may be), subject to the approval of the Facility Mortgagee, as applicable. Each party shall pay one-half (1/2) of the fee, if any, of the Impartial Appraiser. If Landlord pays the Impartial Appraiser, fifty percent (50%) of such costs shall be Additional Charges hereunder and if Tenant pays such Impartial Appraiser, fifty percent (50%) of such costs shall be a credit against the next Rent payment hereunder. If Tenant has undertaken any structural alterations or additions to the Leased Property having a cost or value in excess of Twenty Five Million Dollars ($25,000,000), Landlord may at Tenant\u2019s expense have the Maximum Foreseeable Loss redetermined at any time after such improvements are made, regardless of when the Maximum Foreseeable Loss was last determined.", "size": 61, "id": "maximum-foreseeable-loss", "examples": ["If Landlord reasonably believes that the <strong>Maximum Foreseeable Loss</strong> has increased at any time during the Term, it shall have the right (unless Tenant and Landlord agree otherwise) to have such <strong>Maximum Foreseeable Loss</strong> redetermined by an impartial national insurance company reasonably acceptable to both parties (the \u201cImpartial Appraiser\u201d), or, if the parties cannot agree on an Impartial Appraiser, then by an Expert appointed in accordance with Section 34.1 hereof.", "If Tenant has undertaken any structural alterations or additions to the Leased Property having a cost or value in excess of Twenty Five Million Dollars ($25,000,000), Landlord may at Tenant\u2019s expense have the <strong>Maximum Foreseeable Loss</strong> redetermined at any time after such improvements are made, regardless of when the <strong>Maximum Foreseeable Loss</strong> was last determined.", "Flextronics shall provide evidence satisfactory to Nortel Networks that its property and business are adequately insured up to at least [\u2022] against all risks of loss or damage, including business interruption, for at least the amount of the <strong>Maximum Foreseeable Loss</strong> as defined within the insurance industry.", "For purposes of clarity, the \u201crelevant date\u201d with respect to any determination of the <strong>Maximum Foreseeable Loss</strong> shall be deemed to be the date on which Tenant must adjust the amount of insurance carried pursuant to Article XIII.", "If Landlord reasonably believes that the <strong>Maximum Foreseeable Loss</strong> has increased at any time during the Term, it shall have the right to do so on commercially reasonable terms.", "Flextronics shall provide evidence satisfactory to Nortel Networks that its property and business are adequately insured up to at least One Hundred Million dollars limit against all risks of loss or damage, including business interruption, for at least the amount of the <strong>Maximum Foreseeable Loss</strong> as defined within the insurance industry.", "The insurance referred to in clause (d) shall provide coverage which is not less than the <strong>Maximum Foreseeable Loss</strong> (as determined from time to time) in respect of the Mohegan Sun and all related improvements and other Property with a deductible no greater than $500,000 (other than earthquake insurance for which the deductible may be up to 10% of the <strong>Maximum Foreseeable Loss</strong>).", "As soon as reasonably practicable after any such adjustment, the Facility Lessee shall, subject to the terms of this Section 11, cause the property insurance policies ---------- to carry limits equal to or no less than the latest adjusted <strong>Maximum Foreseeable Loss</strong>.", "Any Expert appointed by the original Experts, by the American Arbitration Association or by such court shall be instructed to determine the <strong>Maximum Foreseeable Loss</strong> within thirty (30) days (together with the Initial Valuation Period, the \u201cValuation Period\u201d) after appointment of such Expert.", "Supplier shall provide evidence satisfactory to Nortel that its property and business are adequately insured against all risks of loss or damage, including business interruption, for at least the amount of the <strong>Maximum Foreseeable Loss</strong> as defined within the insurance industry."], "related": [["excess-loss", "Excess Loss", "Excess Loss"], ["unforeseeable", "Unforeseeable", "Unforeseeable"], ["unforeseeable-financial-emergency", "Unforeseeable Financial Emergency", "Unforeseeable Financial Emergency"], ["maximum-generation-emergency", "Maximum Generation Emergency", "Maximum Generation Emergency"], ["excess-fraud-loss", "Excess Fraud Loss", "Excess Fraud Loss"]], "related_snippets": [], "updated": "2025-08-07T04:22:56+00:00"}, "json": true, "cursor": ""}}