Accidental Damage and Vandalism Sample Clauses

Accidental Damage and Vandalism. Without prejudice to the obligations of the Contractor to repair, maintain and replace the Schools and subject to clause 64.5, as between the Authority and the Contractor: the Authority will have responsibility for the cost of damage to land, buildings, plant, equipment and other assets that are the responsibility of the Contractor to provide under this Agreement to the extent that the damage was not caused or contributed to by: any act or negligence of the Contractor or a Contractor Related Party; or a breach by the Contractor or a Contractor Related Party of this Agreement (including any failure to monitor or provide the Services), and that such damage: does not constitute fair wear and tear; and does not arise as a result of the damaged item being used for its reasonable and proper purpose or an Area being used for its reasonable and proper purpose; and that the cost of such damage is either: of a value below the level of the deductible of the Required Insurance (up to the maximum deductible specified in the Required Insurances); or is not covered by the insurances taken out, or which should have been taken out by the Contractor in accordance with this Agreement, provided that the Authority shall be liable for any excess or deductible (up to the amount of any maximum deductible specified in the Required Insurances) which is payable as a result of any Authority Damage which has resulted in a Repair Cost being incurred where such Repair Cost has been funded under any such insurance; and the Contractor shall be responsible for the cost of all damage to land, buildings, plant, equipment and other assets that are the responsibility of the Contractor to provide under this Agreement that is not the responsibility of the Authority pursuant to this clause 64.1. Upon the discovery of any damage the Contractor shall: record any relevant details of the damage (including photographs if necessary); as soon as is practicable or within such later time as instructed by the Authority, reinstate, replace or make good the damage returning the damaged item to its original standard (or equivalent) in accordance with the relevant provisions of this Agreement including where relevant in accordance with clause 66 (Reinstatement and Change of Requirement after Insured Event); and
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Accidental Damage and Vandalism. Without prejudice to the obligations of the Contractor to repair, maintain and replace the Schools and subject to clause 64.5, as between the Authority and the Contractor:
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Accidental Damage and Vandalism. Without prejudice to the obligations of PPP Co. in respect of the maintenance, repair, refurbishment and renewal of the Project Facilities and subject to Clause 18.8 (Minor Authority Damage), as between the Authority and PPP Co.: (a) the Authority will only have any responsibility for the cost of damage to a Site or any Project Facility (or the contents of any Project Facility that is the responsibility of PPP Co. to provide or maintain under this Project Agreement) if PPP Co. is able to prove to the Authority's satisfaction (acting reasonably) that the damage: (i) was not caused or contributed to by any act or negligence of PPP Co. or a PPP Co. Related Party; or (ii) was not caused or contributed to by a breach by PPP Co. or a PPP Co. Related Party of this Project Agreement (including any failure to monitor or provide the Services); or (iii) was Authority Damage or Third Party Damage; (iv) does not constitute fair wear and tear; and (v) does not arise as a result of the damaged item being used for its reasonable and proper purpose or an Area being used for its reasonable and proper purpose; and (vi) that the cost of such damage is either: (A) of a value below the level of the deductible of the Required Insurances (up to the maximum deductible specified in the Required Insurances); or (B) is not covered by the insurances taken out, or which should have been taken out by PPP Co. in accordance with this Project Agreement, provided that the Authority will be liable for any excess or deductible (up to the amount of any maximum deductible specified in the Required Insurances) which is payable as a result of any Authority Damage which has resulted in a Repair Cost being incurred where such Repair Cost has been funded under any Required Insurance; and (b) PPP Co. will be responsible for the cost of all damage on or to any of the Sites or Project Facilities (or the contents of any Project Facility that is the responsibility of PPP Co. to provide or maintain under this Project Agreement) that is not the responsibility of the Authority pursuant to Clause 18.4(a). (c) Nothing in this Clause 18.4 (Accidental Damage and Vandalism) will limit the Authority’s rights or remedies under Clause 47.1 (PPP Co. Indemnity) of this Project Agreement.
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Related to Accidental Damage and Vandalism

  • Casualty Damage (i) All provisions hereof to the contrary notwithstanding, in the event any fire, casualty, or other event renders such damage to the Leased Premises that is reasonably estimated to require more than twelve months from the date of such event to restore the Leased Premises or such damage completely destroys the same (collectively, “Casualty Damage”), and such Casualty Damage was not caused by the negligence or willful misconduct of Tenant or such Casualty Damage is not covered by the insurance required to be maintained by Tenant hereunder, then in that event MAC or Tenant shall have the right to terminate this Lease without payment of any penalty or Accelerated Rent upon notice to MAC or Tenant given within sixty days after the date of such casualty. All property insurance proceeds from Tenant’s insurance policy attributable to the building and the leasehold improvements on the Leased Premises shall be paid to MAC, and all such proceeds attributable to Tenant’s personal property and equipment shall be paid to Tenant. (ii) All provisions hereof to the contrary notwithstanding, in the event of Casualty Damage, and such Casualty Damage is caused by the negligence or willful misconduct of Tenant or any of its subtenants, invitees, agents, or employees, then in that event MAC shall have the right to terminate this Lease upon notice to Tenant given within sixty days after the date of such casualty. All property insurance proceeds from Tenant’s insurance policy attributable to the building and the leasehold improvements on the Leased Premises shall be paid to MAC, and all such proceeds attributable to Tenant’s personal property and equipment shall be paid to Tenant. (iii) In the event of any Casualty Damage for which Tenant or MAC has not timely exercised its termination right (if any) as aforesaid, Tenant shall proceed to repair and restore the Leased Premises with all due diligence, subject to delays due to force majeure, settling and adjusting the insurance claim, and receipt of insurance proceeds, and the insurance proceeds from Tenant’s insurance policy attributable to the leasehold improvements shall be paid to Tenant and held in trust for the repair of the Leased Premises and those proceeds attributable to Tenant’s personal property shall be paid to Tenant. MAC shall refund Tenant for its insurance deductible amounts paid pursuant to any Casualty Damage to the proportionate extent such Casualty Damage was caused by the intentional or negligent acts of MAC, or its employees, agents or contractors. Tenant shall collaborate in good faith with MAC in the design, development, repair, and reconstruction of the Leased Premises hereunder (including but not limited to providing MAC with access to meetings and draft plans and access to Tenant’s decision-making) and shall comply with the provisions and procedures set forth in Section 7 of this Lease in the performance of the repair and restoration of the Leased Premises following such Casualty Damage. (iv) If any Casualty Damage occurs that is not the fault of Tenant, or any of their subtenants, invitees, agents, or employees in any way making the Leased Premises substantially unusable, rent and all other charges shall be abated on a per day pro-rated basis during the time the Leased Premises are substantially unusable. No rent shall ▇▇▇▇▇ if damage resulted from any act of Tenant or their subtenants, invitees, agents or employees.

  • Vandalism Vandalism will result in cancellation of privileges. Vandalism is defined as any malicious attempt to harm or destroy data of another user, Internet, or any of the above listed agencies or other networks that are connected to any of the Internet backbones. This includes, but not limited to, the uploading or creation of computer viruses.

  • Physical Damage Insurance The Servicer shall, in accordance with its customary servicing procedures, require that each Obligor shall have obtained physical damage insurance covering the Financed Equipment as of the execution of the Receivable.

  • Partial Damage - Insured Loss If a Premises Partial Damage that is an Insured Loss occurs, then Lessor shall, at Lessor's expense, repair such damage (but not Lessee's Trade Fixtures or Lessee Owned Alterations and Utility Installations) as soon as reasonably possible and this Lease shall continue in full force and effect; provided, however, that Lessee shall, at Lessor's election, make the repair of any damage or destruction the total cost to repair of which is $10,000 or less, and, in such event, Lessor shall make any applicable insurance proceeds available to Lessee on a reasonable basis for that purpose. Notwithstanding the foregoing, if the required insurance was not in force or the insurance proceeds are not sufficient to effect such repair, the Insuring Party shall promptly contribute the shortage in proceeds (except as to the deductible which is Lessee's responsibility) as and when required to complete said repairs. In the event, however, such shortage was due to the fact that, by reason of the unique nature of the improvements, full replacement cost insurance coverage was not commercially reasonable and available, Lessor shall have no obligation to pay for the shortage in insurance proceeds or to fully restore the unique aspects of the Premises unless Lessee provides Lessor with the funds to cover same, or adequate assurance thereof, within ten (10) days following receipt of written notice of such shortage and request therefor. If Lessor receives said funds or adequate assurance thereof within said ten (10) day period, the party responsible for making the repairs shall complete them as soon as reasonably possible and this Lease shall remain in full force and effect. If such funds or assurance are not received, Lessor may nevertheless elect by written notice to Lessee within ten (10) days thereafter to: (i) make such restoration and repair as is commercially reasonable with Lessor paying any shortage in proceeds, in which case this Lease shall remain in full force and effect, or have this Lease terminate thirty (30) days thereafter. Lessee shall not be entitled to reimbursement of any funds contributed by Lessee to repair any such damage or destruction. Premises Partial Damage due to flood or earthquake shall be subject to Paragraph 9.3, notwithstanding that there may be some insurance coverage, but the net proceeds of any such insurance shall be made available for the repairs if made by either Party.

  • Partial Damage - Uninsured Loss If a Premises Partial Damage that is not an Insured Loss occurs, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's expense), Lessor may either: (i) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) terminate this Lease by giving written notice to Lessee within thirty (30) days after receipt by Lessor of knowledge of the occurrence of such damage. Such termination shall be effective sixty (60) days following the date of such notice. In the event Lessor elects to terminate this Lease, Lessee shall have the right within ten (10) days after receipt of the termination notice to give written notice to Lessor of Lessee's commitment to pay for the repair of such damage without reimbursement from Lessor. Lessee shall provide Lessor with said funds or satisfactory assurance thereof within thirty (30) days after making such commitment. In such event this Lease shall continue in full force and effect, and Lessor shall proceed to make such repairs as soon as reasonably possible after the required funds are available. If Lessee does not make the required commitment, this Lease shall terminate as of the date specified in the termination notice.