Failure to Restore Sample Clauses
The "Failure to Restore" clause defines the consequences if a party does not repair or return property, premises, or assets to their original condition after use, damage, or an event requiring restoration. Typically, this clause applies in contexts such as leases, construction contracts, or equipment rentals, where one party is responsible for restoring something to a specified state by a certain deadline. Its core practical function is to allocate responsibility and provide remedies or penalties if restoration obligations are not met, thereby protecting the interests of the party entitled to the restored property and ensuring accountability.
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Failure to Restore. In the event Redeveloper fails for any reason to restore the Redeveloper Improvements as provided in A and/or B above, Redeveloper shall either forgive any remaining TIF Indebtedness and interest thereon if the Redeveloper was the TIF Bond Purchaser, or pay to the City the necessary amount to retire the TIF Indebtedness in full (including interest) if the TIF Bond was purchased by Redeveloper’s lender.
Failure to Restore. In the event Redeveloper fails for any reason to restore the Private Improvements as provided in A and/or B above, Redeveloper shall pay to the City the necessary amount of to retire the TIF Indebtedness in full (including interest).
Failure to Restore. If the Lessee fails to complete the removal and restoration obligations described in Section 14.3 in accordance with that Section, then the Lessor may, in its sole discretion:
(a) effect the removal and restoration required pursuant to Section 14.3, at the sole cost and expense of the Lessee.
Failure to Restore. If City has directed Tenant to demolish or restore some or all of the improvements on the Premises, or otherwise restore the Premises, and Tenant has failed to do so, or failed to do so to the level required by this Agreement, on or before the earlier to occur of the date of the termination of this Agreement or the Expiration Date, City shall have the right, but not the obligation, to remove and/or demolish the same at Tenant’s cost. In that event, Tenant agrees to pay to City, upon demand, City’s Costs of any such removal, demolition or restoration and further agrees that such City’s Costs shall be deemed Additional Rent.
Failure to Restore. If this Lease is not terminated and Landlord is required to repair and restore the Premises or the Building in accordance with the terms of this Paragraph 13, Landlord’s failure to repair and restore the Premises to substantially the condition in which it existed prior to such condemnation (including restoration of reasonable access to the Premises and sufficient parking therefor) within one hundred eighty (180) days after such condemnation shall allow Tenant the right to terminate this Lease by written notice delivered to Landlord prior to the date that Landlord re-delivers the Premises to Tenant with all such restoration completed.
Failure to Restore. In the event that the Licensee fails or refuses to restore the Temporary Easement Premises and the Easement Premises in accordance with Section 5.B.1 of this Agreement, the City will have the right, but not the obligation, to perform and complete the restoration, and to charge the Licensee for all costs and expenses, including legal and administrative costs incurred by the City, for such work. The rights and remedies provided in this Section 5.B.2 are in addition to, and not in limitation of, any other rights and remedies otherwise available to the City.
Failure to Restore. In the event that BHP fails to restore the Project site as required by the Reclamation Plan and the regulations to the Territorial Lands Act (Canada), the Minister shall:
(a) as appropriate, use the Security Deposit to cause the reclamation of all or any part of the Project site;
(b) comply with the laws of general application with respect to carrying out such reclamation; and
(c) apply any money recovered from the realization of the Security Deposit only for the purpose of remedying any default or defaults by BHP under this Agreement.
Failure to Restore. If Landlord elects or is required to rebuild the Premises pursuant to Section 7.01 or 7.02 above, and fails to complete such repairs within such thirty (30) days after the end of the estimated restoration period (subject to extensions for delays arising from Force Majeure), Tenant shall have the right to terminate this Lease upon thirty (30) days’ prior notice to Landlord. Notwithstanding the above, however, the Lease shall automatically be reinstated if the restoration is completed and the Premises are delivered to Tenant within thirty (30) days after ▇▇▇▇▇▇’s termination notice. If Tenant does not elect to terminate the Lease, Landlord shall diligently, using commercially reasonable efforts to pursue all repairs to completion.
Failure to Restore. In the event that the Chamber fails or refuses to repair or restore the Train Station Parking Lot, Park, or any Village-owned, Village-leased, or Park District-owned property that is disturbed or damaged by the Chamber or any of its vendors, contractors, customers, agents, or guests, in accordance with Section 2.F.2.a of this Agreement, the Village and Park District shall have the right, but not the obligation, to perform and complete the repair and/or restoration and to charge the Chamber for all reasonable direct out-of-pocket costs and expenses incurred by the Village or Park District, for such work. The rights and remedies provided in this Section 2.F.2.b shall be in addition to, and not in limitation of, any other rights and remedies otherwise available to the Village and Park District. Notwithstanding the foregoing, in no event shall the Chamber be responsible for the purchase and/or installation of sod in the Park.
Failure to Restore. In the event that Licensee fails or refuses to repair, replace and/or restore the Licensed Premises or any City-owned property that is disturbed, damaged, or removed by Licensee, in accordance with Section 2.E.2.a of this Agreement, the City shall have the right, but not the obligation, to perform and complete the repair, restoration, and/or replacement, and to charge Licensee for all costs and expenses, including legal and administrative costs incurred by the City, for such work. If Licensee does not fully reimburse the City for such costs, then the City shall have the right to place a lien on the Property for all such costs and expenses in the manner provided by law. The rights and remedies provided in this Section 2.E.2.b shall be in addition to, and not in limitation of, any other rights and remedies otherwise available to the City.