Common use of Seller’s Obligations Clause in Contracts

Seller’s Obligations. If the System is damaged or destroyed other than by Purchaser’s gross negligence or willful misconduct, Seller shall promptly repair and restore the System to its pre- existing condition; provided, however, that if more than fifty percent (50%) of the System is destroyed during the last five (5) years of the Initial Term or during any Additional Term, Seller shall not be required to restore the System, but may instead terminate this Agreement, unless Purchaser agrees (i) to pay for the cost of such restoration of the System or (ii) to purchase the System “AS-IS” at the greater of (A) then current fair market value of the System and (B) the sum of the amounts described in Section 13.b(3)A)(i) (using the date of purchase to determine the appropriate Contract Year) and Section 13.b(3)A)(iii).

Seller’s Obligations. If the System is damaged or destroyed other than by Purchaser’s gross negligence or willful misconduct, Seller shall promptly repair and restore the System to its pre- pre-existing condition; provided, however, that if more than fifty percent (50%) of the System is destroyed during the last five (5) years of the Initial Term or during any Additional Term, Seller shall not be required to restore the System, but may instead terminate this Agreement, unless Purchaser agrees (iA) to pay for the cost of such restoration of the System or (iiB) to purchase the System “AS-IS” at the greater of (A1) then current fair market value the Fair Market Value of the System and (B2) [the sum of the amounts described in Section 13.b(3)A)(i) (using the date of purchase to determine the appropriate Contract Year13(b)(iii)(A)(1) and Section 13.b(3)A)(iii13.b(iii)(A)(3)] [for any given Contract Year, the amount set forth on Exhibit 4, Attachment A attached hereto].

Seller’s Obligations. If the System is damaged or destroyed other than by Purchaser’s gross negligence or willful misconduct, Seller shall promptly repair and restore the System to its pre- pre-existing condition; provided, however, that if more than fifty percent (50%) of the System is destroyed during the last five (5) years of the Initial Term or during any Additional Term, Seller shall not be required to restore the System, but may instead terminate this Agreement, unless Purchaser agrees (iA) to pay for the cost of such restoration of the System or (iiB) to purchase the System “AS-IS” at the greater of (A1) then current fair market value the Fair Market Value of the System and (B2) [the sum of the amounts described in Section 13.b(3)A)(i) (using the date of purchase to determine the appropriate Contract Year13.b.iii(1)A)(1) and Section 13.b(3)A)(iii13.b.iii(1)A)(3)] [for any given Contract Year, the amount set forth on Exhibit 4, Attachment A attached hereto].

Seller’s Obligations. If the System is damaged or destroyed other than by Purchaser’s gross negligence or willful misconduct, Seller shall promptly repair and restore the System to its pre- pre-existing condition; provided, however, that if more than fifty percent (50%) of the System is destroyed during the last five (5) years of the Initial Term or during any Additional Term, Seller shall not be required to restore the System, but may instead terminate this Agreement, unless Purchaser agrees (iA) to pay for the cost of such restoration of the System or (iiB) to purchase the System “AS-IS” at the greater of (A1) then current fair market value the Fair Market Value of the System and (B2) the sum of the amounts described in Section 13.b(3)A)(i) (using the date of purchase to determine the appropriate Contract Year14.b.iii.(A)(1) and Section 13.b(3)A)(iii14.b.iii.(A)(3).

Seller’s Obligations. If the System is damaged or destroyed other than by Purchaser’s gross negligence or willful misconduct, Seller shall promptly repair and restore the System to its pre- pre-existing condition; provided, however, that if more than fifty percent (50%) of the System is destroyed during the last five (5) years of the Initial Term or during any Additional Term, Seller shall not be required to restore the System, but may instead terminate this Agreement, unless Purchaser agrees (i) to pay for the cost of such restoration of the System or (ii) to purchase the System “AS-IS” at the greater of (A) then current fair market value of the System and (B) the sum of the amounts described in Section 13.b(3)A)(i) (using the date of purchase to determine the appropriate Contract Year) and Section 13.b(3)A)(iii).

Seller’s Obligations. If the System is damaged or destroyed other than by Purchaser’s gross negligence or willful misconduct, Seller shall promptly repair and restore the System to its pre- pre-existing condition; provided, however, that if more than fifty percent (50%) of the System is destroyed during the last five (5) years of the Initial Term or during any Additional Term, Seller shall not be required to restore the System, but may instead terminate this Agreement, unless Purchaser agrees (iA) to pay for the cost of such restoration of the System or (iiB) to purchase the System “AS-IS” at the greater of (Ai) then current fair market value the Fair Market Value of the System and (Bii) the sum of the amounts described in Section 13.b(3)A)(i) (using the date of purchase to determine the appropriate Contract Year14.b.iii.A(1) and Section 13.b(3)A)(iii14.b.iii.A(3).

Seller’s Obligations. If the System is damaged or destroyed other than by Purchaser’s gross negligence or willful misconduct, Seller shall promptly repair and restore the System to its pre- pre-existing condition; provided, however, that if more than fifty percent (50%) of the System is destroyed during the last five (5) years of the Initial Term or during any Additional Term, Seller shall not be required to restore the System, but may instead terminate this Agreement, unless Purchaser agrees (iA) to pay for the cost of such restoration of the System or (iiB) to purchase the System “AS-IS” at the greater of (A1) then current fair market value the Fair Market Value of the System and (B2) [the sum of the amounts described in Section 13.b(3)A)(i) (using the date of purchase to determine the appropriate Contract Year31.3.1.1)(1) and Section 13.b(3)A)(iii31.3.1.1)(3)] [for any given Contract Year, the amount set forth on Exhibit 4, Attachment A attached hereto].

Seller’s Obligations. If the System is damaged or destroyed other than by Purchaser’s gross negligence or willful misconduct, Seller shall promptly repair and restore the System to its pre- pre-existing condition; provided, however, that if more than fifty percent (50%) of the System is destroyed during the last five (5) years of the Initial Term or during any Additional Term, Seller shall not be required to restore the System, but may instead (A) terminate this Agreement, unless Purchaser agrees (i) to pay for the cost of such restoration of the System or (iiB) to purchase with Purchaser’s consent, sell the System to Purchaser on an “AS-IS” at basis for the greater of (A1) then current fair market value the Fair Market Value of the System and (B2) the sum of the amounts described in Section 13.b(3)A)(i) (using the date of purchase to determine the appropriate for any given Contract Year) and Section 13.b(3)A)(iii)., the amount set forth on Exhibit 4, Attachment A attached hereto, in which case this Agreement shall terminate upon the closing of such sale

Seller’s Obligations. If the System is damaged or destroyed other than by Purchaser’s gross negligence or willful misconduct, Seller shall promptly repair and restore the System to its pre- pre-existing condition; provided, however, that if more than fifty percent (50%) of the System is destroyed during the last five (5) years of the Initial Term or during any Additional Term, Seller shall not be required to restore the System, but may instead terminate this Agreement, unless Purchaser agrees (iA) to pay for the cost of such restoration of the System or (iiB) to purchase the System “AS-IS” at the greater of (A1) then current fair market value the Fair Market Value of the System and (B2) the sum of the amounts described in Section 13.b(3)A)(i) (using the date of purchase to determine the appropriate Contract Year22(b)(iii)(A)(1) and Section 13.b(3)A)(iii22(b)(iii)(A)(3).

Seller’s Obligations. If the System is damaged or destroyed other than by Purchaser’s gross negligence or willful misconduct, Seller shall promptly repair and restore the System to its pre- pre-existing condition; provided, however, that if more than fifty percent (50%) of the System is destroyed during the last five (5) years of the Initial Term or during any Additional Term, Seller shall not be required to restore the System, but may instead terminate this Agreement, unless Purchaser agrees (iA) to pay for the cost of such restoration of the System or (iiB) to purchase the System “AS-IS” at the greater of (A1) then current fair market value the Fair Market Value of the System and (B2) the sum of the amounts described in Section 13.b(3)A)(i) (using the date of purchase to determine the appropriate Contract Year14.b.iii.A(1) and Section 13.b(3)A)(iii14.b.iii.A(3). In each case (A) and (B) shall be reduced by the amount of any insurance proceeds available to Seller.

Seller’s Obligations. If the System is damaged or destroyed other than by Purchaser’s gross negligence or willful misconduct, Seller shall promptly repair and restore the System to its pre- pre-existing condition; provided, however, that if more than fifty percent (50%) of the System is destroyed during the last five (5) years of the Initial Term or during any Additional Term, Seller shall not be required to restore the System, but may instead terminate this Agreement, unless Purchaser agrees (iA) to pay for the cost of such restoration of the System or (iiB) to purchase the System “AS-IS” at the greater of (A1) then current fair market value the Fair Market Value of the System and (B2) the sum of amount applicable to the amounts described Contract Year in Section 13.b(3)A)(i) (using which the date of purchase to determine the appropriate Contract Year) and Section 13.b(3)A)(iii)termination occurs as set forth on Exhibit 3, Attachment A attached hereto.

Seller’s Obligations. If the System is damaged or destroyed other than by Purchaser’s gross i) negligence or willful misconduct, or ii) breach of any terms of this Agreement, Seller shall promptly repair and restore the System to its pre- pre-existing condition; provided, however, that if more than fifty percent (50%) of the System is destroyed during the last five (5) years of the Initial Term or during any Additional Term, Seller shall not be required to restore the System, but may instead terminate this Agreement, unless Purchaser agrees (iA) to pay for the cost of such restoration of the System or (iiB) to purchase the System “AS-IS” at the greater of (A1) then current fair market value the Fair Market Value of the System and (B2) the sum of the amounts described in Section 13.b(3)A)(i) (using the date of purchase to determine the appropriate Contract Year12.b.iii.A)(1) and Section 13.b(3)A)(iii12.b.iii.A)(3).