Common use of Complete Destruction Clause in Contracts

Complete Destruction. A. In the event the Premises are completely destroyed by fire, explosion, the elements, the public enemy, or other casualty or so damaged that they are untenantable and cannot be replaced except after more than thirty (30) Days, the Contractor shall undertake the repair, replacement, and reconstruction of the Premises; and all or a portion of the MAG, Annual Facility Rent, and Annual Ground Rent (if applicable) under Article 5 shall ▇▇▇▇▇ as of the time of such destruction or untenantable damage and shall henceforth cease until such time as said Premises are fully restored and certified by the Airports Authority as ready for occupancy; provided, however, that if said destruction or damage is caused by the act or omission of the Contractor, its sublessees, agents, or employees, said MAG, Annual Facility Rent, Annual Ground Rent (if applicable), fees, and charges will not ▇▇▇▇▇ and to the extent that such destruction or damage is not covered by insurance, the Airports Authority may, at its discretion, require the Contractor to commence such repair or reconstruction of said Premises within twelve (12) months and pay the costs therefor; or the Airports Authority may repair or reconstruct the Premises and the Contractor shall be responsible for reimbursing the Airports Authority for the costs and expenses incurred in such repair or reconstruction.. B. Notwithstanding the foregoing, if said Premises are completely destroyed as a result of the act or omission of the Contractor, the MAG, Annual Facility Rent, Annual Ground Rent (if applicable), fees, and charges shall not ▇▇▇▇▇ and the Airports Authority may, at its discretion, require the Contractor to repair and reconstruct said Premises within twelve (12) months of such destruction and pay the costs therefor; or the Airports Authority may repair and reconstruct the Premises within twelve (12) months of such destruction and the Contractor shall be responsible for reimbursing the Airports Authority for the costs and expenses incurred in such repair.

Complete Destruction. A. In the event the Premises are completely destroyed by fire, explosion, the elements, the public enemyact(s) of war or terrorism, or other casualty or are so damaged that they are untenantable and cannot be replaced except after more than thirty (30) Days120 days, Authority shall be under no obligation to repair and restore the Contractor shall undertake the repair, replacementPremises, and reconstruction the obligation of the Premises; and all or a portion of the MAG, Annual Facility Rent, and Annual Ground Operator to pay Rent (if applicable) under Article 5 shall ▇▇▇▇▇ as of the time date of such damage or destruction or untenantable damage and shall henceforth cease until such time as said the Premises are fully restored and certified or until Authority provides substitute facilities, reasonably acceptable to Operator, for use by the Airports Authority as ready for occupancyOperator; provided, however, that (i) if said destruction or the damage is caused by the act or omission of the ContractorOperator or any of its officers, its sublesseescontractors, subcontractors, Sublessees, agents, representatives or employees, said MAG, Annual Facility Rent, Annual Ground there shall be no abatement in the Rent (if applicable), feesand Operator shall be responsible at its expense for making the necessary repairs and restorations as approved by Authority, and charges will not ▇▇▇▇▇ and (ii) Authority shall have no obligation to repair or restore any damage to the Capital Improvements or any fixtures, equipment, and other property of Operator or its Sublessees, if any. To the extent that any permitted mortgagee with an interest in the Airport premises or any portion thereof permits the release of all or a sufficient portion of such destruction insurance proceeds to Operator, Authority shall make insurance proceeds of the PC Coverage paid to Authority with respect to the Capital Improvements available to Operator in a manner reasonably acceptable to Authority for the purpose of paying the costs of repairing and restoring such Capital Improvements. If such insurance proceeds are not sufficient to pay such costs of repairing or damage restoring such Capital Improvements, Operator shall pay the deficiency. If Operator is not covered responsible for such repair and restoration of the Premises, and, within 12 months after the time of such damage or destruction, Authority has not completed such repair and restoration of the Premises or supplied substitute facilities reasonably acceptable to Operator, this Concession Agreement shall terminate in its entirety as of the date of such damage or destruction. If Operator is responsible for the repair and restoration of the Premises under this Section 20.3 and does not complete such repair and restoration of the Premises within 12 months after the time of such damage or destruction in a timely manner as determined by insuranceAuthority, the Airports then Authority may, at its discretionoption, require the Contractor to commence cause such repair or reconstruction of said Premises within twelve (12) months and pay the costs therefor; or the Airports Authority may repair or reconstruct the Premises restoration to be completed and the Contractor Operator shall be responsible for reimbursing the Airports reimburse Authority for the costs and expenses incurred in such repair or reconstruction.. B. Notwithstanding the foregoingand restoration, if said Premises are completely destroyed as a result of the act or omission of the Contractor, the MAG, Annual Facility Rent, Annual Ground Rent (if applicable), fees, and charges shall not ▇▇▇▇▇ and the Airports Authority may, at its discretion, require the Contractor plus an administrative fee equal to repair and reconstruct said Premises within twelve (12) months 15% of such destruction and pay the costs therefor; or the Airports Authority may repair and reconstruct the Premises within twelve (12) months of such destruction and the Contractor shall be responsible for reimbursing the Airports Authority for the costs and expenses incurred in such repairexpenses.

Complete Destruction. A. (a) In the event the Premises Main Terminal and/or the Contractor’s Ready/Return and Service Facility Area are completely destroyed by fire, explosion, the elements, the public enemy, or other casualty or so damaged that they are untenantable unusable and cannot be repaired or replaced except after more than thirty ninety (3090) Daysdays, the Contractor shall undertake Airports Authority will be responsible for the repair, replacement, and reconstruction of the PremisesMain Terminal, including the telephone boards and the terminal curbside loading and unloading area, and the Contractor will be responsible for the repair, replacement, and reconstruction of its Ready/Return and Service Facility Area; and all or a portion of the MAG, concession Minimum Annual Facility Rent, and Annual Ground Rent (if applicableGuarantee payable under Section 5.01(a)(1) under Article 5 shall ▇▇▇▇▇ as of the time of such damage or destruction or untenantable damage and shall henceforth cease until such time as said Premises Main Terminal and/or the Ready/Return and Service Facility Area are fully restored and certified by the Airports Authority as ready for occupancyoccupancy and use; provided, howeverfurther, that if said destruction or damage is caused by the act or omission of the Contractor, its sublessees, agents, or employees, said MAG, Annual Facility Rent, Annual Ground Rent (if applicable), fees, and charges will not ▇▇▇▇▇ and to the extent that such destruction or damage is not covered by insurance, the Airports Authority may, at its discretion, require the Contractor to commence such repair or reconstruction of said Premises within twelve (12) months after the time of such damage or destruction said Main Terminal or the Ready/Return and pay Service Facility Area shall not have been repaired or reconstructed, the costs therefor; or Contractor may give the Airports Authority may repair or reconstruct the Premises and the Contractor shall be responsible for reimbursing the Airports Authority for the costs and expenses incurred written notice of its intention to cancel this Contract in such repair or reconstruction..its entirety. B. (b) Notwithstanding the foregoing, if said the Contractor’s Premises are completely destroyed as a result of the act or omission of the Contractor, the MAG, Minimum Annual Facility Rent, Annual Ground Rent (if applicable), fees, and charges Guarantee shall not ▇▇▇▇▇ and the Airports Authority may, at its discretion, require the Contractor to repair and reconstruct said Premises within twelve (12) months of such destruction and pay the costs therefortherefore; or the Airports Authority may repair and reconstruct the Premises within twelve (12) months of such destruction and the Contractor shall be responsible for reimbursing the Airports Authority for the costs and expenses incurred in such repair.