Common use of Losses or Damage Clause in Contracts

Losses or Damage. 33 If ADOT field office space, related facilities, or fixtures are destroyed, damaged, or stolen then, 34 except as provided below, Developer shall, at its cost and within 10 Business Days after the 35 occurrence of such Loss, repair those items to their original condition or replace them. However, 36 in the case of lost, damaged, or stolen office equipment (e.g., computers, facsimile machines, 37 copy machines, and printers), replacement must occur within 2 Business Days. Notwithstanding 38 the foregoing, however, if the Loss occurs as a direct result of the willful misconduct of ADOT or 39 its personnel or consultants and such Loss is not covered by insurance actually carried, or 40 deemed to be carried pursuant to Section 11.2.4 of the Agreement, by Developer, then 41 Developer shall repair or replace the affected items within the timeframes specified herein, and 42 ADOT will reimburse Developer for the actual reasonable documented costs incurred to repair 43 or replace, including the amount of any deductible.

Losses or Damage. 33 ‌ 12 If ADOT field office spacespace in the collocated office, related facilities, or fixtures are is destroyed, damaged, or stolen 13 then, 34 except as provided below, Developer shall, at its cost and within 10 Business Days after the 35 14 occurrence of such Loss, repair those the items to their original condition or replace them. However, 36 in the case 15 of lost, damaged, or stolen office equipment (e.g., computers, facsimile machines, 37 copy machines, and 16 printers), replacement must shall occur within 2 Business Days. Notwithstanding 38 the foregoing, however, if the 17 Loss occurs as a direct result of the willful misconduct of ADOT or 39 its personnel or consultants and such 18 Loss is not covered by insurance actually carried, or 40 deemed to be carried pursuant to Section 11.2.4 10.2.4 of 19 the Agreement, by Developer, then 41 Developer shall repair or replace the affected items within the 20 timeframes specified herein, and 42 ADOT will reimburse Developer for the actual reasonable documented 21 costs incurred to repair 43 or replace, including the amount of any deductible.

Losses or Damage. 33 25 If ADOT field office space, related facilities, or fixtures are destroyed, damaged, or stolen then, 34 26 except as provided below, Developer shall, at its cost and within 10 Business Days after the 35 27 occurrence of such Loss, repair those items to their original condition or replace them. However, 36 28 in the case of lost, damaged, or stolen office equipment (e.g., computers, facsimile machines, 37 29 copy machines, and printers), replacement must occur within 2 Business Days. Notwithstanding 38 30 the foregoing, however, if the Loss occurs as a direct result of the willful misconduct of ADOT or 39 31 its personnel or consultants and such Loss is not covered by insurance actually carried, or 40 32 deemed to be carried pursuant to Section 11.2.4 of the Agreement, by DeveloperXxxxxxxxx, then 41 Developer 33 shall repair or replace the affected items within the timeframes specified herein, and 42 ADOT will 34 reimburse Developer for the actual reasonable documented costs incurred to repair 43 or replace, 35 including the amount of any deductible.

Losses or Damage. 33 If ADOT field office space, related facilities, or fixtures are destroyed, damaged, or stolen then, 34 except as provided below, Developer shall, at its cost and within 10 Business Days after the 35 occurrence of such Loss, repair those items to their original condition or replace them. However, 36 in the case of lost, damaged, or stolen office equipment (e.g., computers, facsimile machines, 37 copy machines, and printers), replacement must occur within 2 Business Days. Notwithstanding 38 the foregoing, however, if the Loss occurs as a direct result of the willful misconduct of ADOT or 39 its personnel or consultants and such Loss is not covered by insurance actually carried, or 40 deemed required under ordeemed to be carried pursuant to Section 11.2.4 of the AgreementContract Documents to 41 be carriedAgreement, by Developer, then 41 Developer shall repair or replace the affected items 42 within the timeframes specified herein, and 42 ADOT will reimburse Developer for the actual 43 reasonable documented costs incurred to repair 43 or replace, including the amount of any 44 deductible, except as provided otherwise in Section 11.2.4 of the Agreement.