Untenantable Condition Clause Samples

Untenantable Condition. Notwithstanding the provisions of Section 2(a) above, if, during the Non-Relocation Term, an Untenantable Condition exists, then the Bills shall be entitled to cause the Team to play any affected Game or Games at an Alternate Site during the period in which such Untenantable Condition exists and continues to exist; provided that the Bills shall promptly furnish written notice to each of the County and ECSC of the existence of such Untenantable Condition, which notice shall identify (to the extent that such information is known by the Bills) (i) such Untenantable Condition, (ii) the expected duration of such Untenantable Condition (including the number of Games expected to be played at the Alternate Site), (iii) the location of the Alternate Site, and (iv) the length of any contractual commitment made by the Bills to cause the Team to play its Games at the Alternate Site. Without limiting the foregoing, upon the occurrence and during the continuance of any Untenantable Condition, the Bills shall, except in the event of a taking that results in the appropriation of title to the whole or substantially all of the Stadium Complex as set forth in Section 10.1(a) of the Stadium Lease, (x) use commercially reasonable efforts to (A) mitigate and eliminate such Untenantable Condition as soon as reasonably practicable to the extent within the reasonable control of the Bills and (B) minimize the duration of such Untenantable Condition and any contractual commitment to cause the Team to play its Games at an Alternate Site and (y) keep each of the County and ECSC reasonably apprised of the status of such Untenantable Condition.
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Untenantable Condition. The existence of any one of the following conditions, but only to the extent that such condition is not the direct proximate result of (x) the failure of the Bills to perform its obligations as required under the Non-Relocation Agreement or StadCo to perform its obligations required under this Stadium Lease (including but not limited to StadCo’s obligations under Article 7) or the CCA and/or (y) a Construction Defect or a Design Defect: (i) due to any Casualty or Force Majeure that is not a direct proximate result of the Bill’s or StadCo’s failure to perform, the condition of the Stadium is such that a Game could not be held or reasonably be foreseen to be held in accordance with the NFL Rules and Regulations or Applicable Law at the Stadium; (ii) the playing field within the Stadium is unavailable, unsuitable or unsafe for its intended purpose; or
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Untenantable Condition. If for any reason any of the EGX Facilities developed by EGX are damaged to such an extent that they are untenantable and if EGX elects not to repair, rebuild, or construct new EGX Facilities then EGX must, at a minimum, restore the Ground, including without limitation removal of damaged EGX Facilities and other EGX Property, to the condition immediately prior to the initial construction in the reasonable judgment of the Authority or to a condition agreed upon by the Authority. In the event that EGX does not rebuild, EGX may cancel the remaining Term without penalty or fee provided that the Ground is so restored, no Contamination or Hazardous Substances are present within the Land, and all rentals, fees, and charges then due are paid in full.
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Untenantable Condition. Notwithstanding the provisions of Section 2(a) above, the Bills shall have the right, without first obtaining the ECSC or County’s prior consent, to cause the Team to play any Game at an Alternate Site if there exists an Untenantable Condition at the Stadium, provided, however, that the use of any such Alternate Site shall be economically feasible and subject to the prior approval of the NFL, in its sole and absolute discretion. In such event, the Bills shall use good faith efforts to locate an Alternate Site, to the extent available, which is located within the State and that meets NFL criteria. If no such Alternate Site exists, then the Bills shall be permitted to use an Alternate Site outside the State. In no event shall the Bills’ obligation to use good faith efforts to locate an Alternate Site within or outside the State require the Bills take any action that could cause the Bills or the Team to suffer any material economic or scheduling disadvantage as a result thereof. Notwithstanding the foregoing, any Alternate Site located outside the contiguous United States shall be subject to the prior approval of the County
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Untenantable Condition. The existence of any one of the following conditions, including due to any Force Majeure, but only to the extent that the same (if not due to any Force Majeure) is not the direct proximate result of the failure of the Team to perform its obligations as required under this Agreement: (i) The condition of the Stadium is such that the NFL Rules and Regulations prohibit the playing of Games at the Stadium or will not reasonably permit the Team to continue to use, occupy and operate the Stadium in the manner customarily used, and occupied by NFL Teams or their Affiliates having rights comparable to those set forth in this Agreement; or (ii) The use or occupancy of any material portion of the Stadium is not permitted or is materially restricted beyond customary levels by Applicable Law or otherwise is unsuitable for customary usage, including any denial of access; or (iii) The playing field within the Stadium is unavailable, unsuitable or unsafe for its intended purpose; or (iv) More than twenty percent (20%) of the total seating capacity of the Stadium is not available for use or is otherwise unsuitable or unsafe for use for Games.
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Untenantable Condition. Notwithstanding the provisions of Section 2(a) above, the Bills shall have the right, without first obtaining the ECSC or County’s prior consent, to cause the Team to play any Game at an Alternate Site if there exists an Untenantable Condition at the Stadium, provided, however, that the use of any such Alternate Site shall be economically feasible and subject to the prior approval of the NFL, in its sole and absolute discretion. In such event, the Bills shall use good faith efforts to locate an Alternate Site, to the extent available, which is located within the State and that meets NFL criteria. If no such Alternate Site exists, then the Bills shall be permitted to use an Alternate Site outside the State. In no event shall the Bills’ obligation to use good faith efforts to locate an Alternate Site within or outside the State require the Bills take any action that could cause the Bills or the Team to suffer any material economic or scheduling disadvantage as a result thereof. Notwithstanding the foregoing, any Alternate Site located outside the contiguous United States shall be subject to the prior approval of the County and ECSC, such approval not to be unreasonably withheld, conditioned or delayed; provided that the Bills shall promptly furnish written notice to each of the County and ECSC of the existence of such Untenantable Condition, which notice shall identify (to the extent such information is known by Team) (i) such Untenantable Condition, (ii) the expected duration of such Untenantable Condition (including the number of Games expected to be played at the Alternate Site), (iii) the location of the Alternate Site, (iv) the length of any contractual commitment made by the Bills to cause the Team to play its Games at the Alternate Site and (v) the length of time such relocation may continue may be no longer than is commercially reasonable to eliminate the existence of the Untenantable Condition.
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Untenantable Condition. Notwithstanding the provisions of Section 2(a) above, if, during the Non-Relocation Term, an Untenantable Condition exists, then the Titans shall first attempt to reschedule the affected Team Game(s) at the Stadium to a date or dates satisfactory to the Titans and the NFL. If the Titans are unable to reschedule the affected Team Game(s) at the Stadium, then the Titans shall be entitled to cause the Team to play any affected Team Game or Team Games at an Alternate Site during the period in which such Untenantable Condition exists and continues to exist; provided that the Titans shall use good faith efforts first to identify a facility constituting an Alternate Site that is located within the geographic area of the Metropolitan Government and, failing that, within the State (it being agreed that in no event shall the Titans’ obligation to use such good faith efforts require the Titans, StadCo or the Team to take any action in connection with locating any such facility that would cause the Titans, StadCo or the Team to suffer any material economic or scheduling disadvantage as a result thereof); and provided, further, that the Titans shall promptly notify the Authority of the existence of such Untenantable Condition, and within a reasonable amount of time thereafter, shall furnish written notice identifying (to the extent that such information is known by the Titans): (i) such Untenantable Condition, (ii) the expected duration of such Untenantable Condition (including the number of Team Games expected to be played at the Alternate Site), (iii) the location of the Alternate Site, and (iv) the length of any contractual commitment made by the Titans to cause the Team to play its Team Games at the Alternate Site. Without limiting the foregoing, upon the occurrence and during the continuance of any Untenantable Condition, the Titans shall, except in the event of a taking that results in the appropriation of title to the whole or substantially all of the Stadium as set forth in Section 23.1(a) of the Stadium Lease, (x) use commercially reasonable efforts to (A) mitigate and eliminate such Untenantable Condition as soon as reasonably practicable to the extent within the reasonable control of the Titans and (B) minimize the duration of such Untenantable Condition and any contractual commitment to cause the Team to play its Team Games at an Alternate Site and
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Untenantable Condition. The existence of any one of the following conditions as a result of any Casualty (as defined in the Stadium Lease), Condemnation Action (as defined in the Stadium Lease), Force Majeure, Construction Defect or Design Defect, but only to the extent that such condition is not the direct proximate result of StadCo’s failure to perform its obligations as required under the Development Agreement and the Stadium Lease: (i) the condition of the Stadium is such that a Team Game could not be held or reasonably be foreseen to be held at the Stadium in accordance with the NFL Rules and Regulations or Applicable Law; (ii) the playing field within the Stadium is unavailable, unsuitable or unsafe for its intended purpose; or (iii) any condemnation or similar action is undertaken by a Governmental Authority that results in the NFL requiring the Team to play its Team Games at a facility other than the Stadium.
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Untenantable Condition. If for any reason any of the EXOS Facilities are damaged to such an extent that they are untenantable and if EXOS elects not to repair, rebuild, or construct new EXOS Facilities then EXOS must, at a minimum, restore the Ground, including without limitation removal of damaged EXOS Facilities and other EXOS Property, to the condition immediately prior to the initial construction in the reasonable judgment of the Authority or to a condition agreed upon by the Authority. In the event that EXOS does not rebuild, EXOS may cancel the remaining Term without penalty or fee provided that the Ground is so restored, no Contamination is present within the Land, and all rentals, fees, and charges then due are paid in full.
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Related to Untenantable Condition

  • Damage or Destruction Condemnation (a) The risk of loss, damage or destruction to the Property by fire or other casualty or the taking of all or part of the Property by condemnation or eminent domain or by an agreement in lieu thereof until the Closing is assumed by Seller, except to the extent otherwise provided in paragraph 6(d) of this Contract. (b) In the event that the Property shall have been damaged or destroyed, the cost of repair or restoration of which would, in Buyer's and Seller's reasonable determination, exceed the sum of One Hundred Thousand and 00/100 Dollars ($100,000.00) (the "Casualty Amount"), then at Buyer's election, Seller shall, unless Seller has previously repaired or restored the Property to its former condition, either (i) pay over or assign to Buyer, on delivery of the Deeds all amounts recovered or recoverable on account of any insurance, together with amounts equal to any deductibles thereunder, less any amounts reasonably expended by Seller for partial restoration, or (ii) direct Escrow Agent to return the Deposit to Buyer in which case all other obligations of the parties hereto shall cease and this Contract shall be void and without recourse to the parties hereto, except such liabilities and obligations as expressly survive termination of this Contract. If the Property, or any part thereof, suffers any damage, the cost of repair or restoration of which would, in Buyer's and Seller's reasonable estimation, be less than the Casualty Amount, then Buyer shall consummate the Closing, without reduction in the Purchase Price, and accept the assignment of all amounts recovered or recoverable on account of any insurance, together with the amount of any deductibles thereunder, less any amounts reasonably expended by Seller for partial restoration. (c) If all or any portion of the Property is taken by condemnation, eminent domain or by agreement in lieu thereof, or any proceeding to acquire, take or condemn all or part of the Property is threatened or commenced, Buyer may either terminate this Contract (in which event Buyer shall be entitled to a return of the Deposit) or purchase the Property in accordance with the terms hereof, without reduction in the Purchase Price, together with an assignment of Seller's right to any award paid or payable by or on behalf of the condemning authority. If Seller has received payments from the condemning authority and if Buyer elects to purchase the Property, Seller shall credit the amount of said payments against the Purchase Price at the Closing. (d) Seller shall immediately notify Buyer of any damage or destruction to the Property or any notice received by it or information or awareness acquired by it regarding the threatening of or commencement of condemnation or similar proceedings.

  • DAMAGE OR DESTRUCTION OF PREMISES a. In the event the Premises are damaged by fire or other perils or casualty covered by fire and extended coverage insurance, Landlord may, in its sole and absolute discretion, repair or rebuild the same within a reasonable time after the event causing such damage. This Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the rent from the date of damage and while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall reasonably interfere with the business carried on by Tenant in the Premises as determined by Landlord. If the damage is due to the fault or neglect of Tenant or its employees, as determined by Landlord in its sole discretion, there shall be no reduction of rent. Landlord may authorize or direct construction of an alternative structure or may elect to retain any insurance proceeds received by it if Landlord deems reconstruction or construction of an alternative structure to be impractical or unreasonable in its sole discretion. b. In the event the Premises are damaged to any extent as a result of any cause other than the perils covered by fire and extended coverage insurance, Landlord shall in its sole discretion have the option to: (1.) to repair, reconstruct or restore the Premises within a reasonable time of the event causing the damage, in which case this Lease shall continue in full force and effect, but the rent shall be proportionately reduced as provided above in 11a. during the period of such repair, reconstruction or restoration, or (2.) to give notice to Tenant at any time within sixty (60) days after such damage occurs, terminating this Lease as of the date specified in such notice, which date shall be no more than thirty (30) days after the giving of such notice. In the event of giving to Tenant such notice of termination, this Lease shall terminate and all interests of Tenant in the Premises shall cease on the date so specified in such notice and Tenant shall pay the rent, as proportionately reduced, based upon the extent, if any, to which such damage interfered with the business carried on by Tenant in the Premises, up to the date of such termination. c. With regard to Landlord’s duty or option to repair, reconstruct or restore the Premises within a reasonable time of the event causing the damage as provided in 11a. and b. above, Landlord shall act promptly and with due diligence, but Landlord shall not be responsible for delays caused by factors beyond Landlord’s control, including but not limited to delays because of strikes, work slowdowns or stoppages, accidents, acts of God, failure of any governmental or other authority to act in a timely manner, or delays caused by contractors. If such delays occur, Tenant agrees that Landlord shall not be responsible for damages, nor shall Landlord be deemed to be in default under this Lease. d. Landlord shall not be required to repair any damage by fire or other casualty, or to make any repair or replacements of any leasehold improvements, fixtures, or other personal property of Tenant.

  • Tenant Delay Except as otherwise provided in the Lease, Delivery of the Premises shall occur when Landlord’s Work has been Substantially Completed, except to the extent that completion of Landlord’s Work shall have been actually delayed by any one or more of the following causes (“Tenant Delay”): (i) Tenant’s Representative was not available to give or receive any Communication or to take any other action required to be taken by Tenant hereunder within a reasonable period of time (not to exceed 2 business days) after written request from Landlord; (ii) Tenant’s request for changes to the Building Shell, whether or not such changes are actually performed; (iii) The construction of any changes to the Building Shell requested by Tenant and agreed upon by Landlord; (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (v) Construction of any Change Requests; (vi) Tenant’s request for materials, finishes or installations requiring unusually long lead times (provided Landlord will request that the General Contractor inform Tenant of any long lead time items and identify substitutes for such items as soon as reasonably possible); (vii) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; (viii) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical to the normal progression of the Project within a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (x) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease), or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Architect to certify the date on which the Tenant Improvements would have been Substantially Completed but for such Tenant Delay and such certified date shall be deemed to be the Commencement Date for purposes of Tenant’s obligation to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) until the date upon which the Premises is Delivered to Tenant with the Landlord’s Work Substantially Complete. Upon request, Landlord shall advise Tenant of any materials, finishes or installations which are required as part of any Change Request that will result in unusually long lead times.

  • Tenant Delays A "Tenant Delay” shall be defined as any delay in the design, permitting or performance of the Base Building Work to the extent that such delay is actually caused by any act or, where there is a duty to act under this Lease, any failure to act by Tenant or Tenant's contractors, architects, engineers, or anyone else engaged by or on behalf of Tenant in connection with the construction of the Tenant Improvement Work as set forth in this Article III (including, without limitation, any delays resulting from the Approved Tenant Finishes under Section 3.l(C) above) and disclosed to Tenant as hereinafter provided. Notwithstanding the foregoing, in no event shall any delays in the completion of the Base Building Work caused by Tenant’s use of non-union labor constitute a Tenant Delay hereunder. Notwithstanding the foregoing, no event shall be deemed a Tenant Delay unless and until Landlord has given Tenant written notice (the "Tenant Delay Notice") advising Tenant: (x) that a Tenant Delay is occurring and setting forth Landlord's good faith estimate as to the likely length of such Tenant Delay; (y) of the basis on which Landlord has determined that a Tenant Delay is occurring; and (z) the actions which Landlord believes that Tenant must take to eliminate such Tenant Delay. No event shall be deemed to be a Tenant Delay unless and until Tenant has failed to rectify the situation causing the Tenant Delay within forty-eight (48) hours after Tenant's receipt of the Tenant Delay Notice (which for the purposes of determining receipt may be delivered by hand to Tenant's Construction Representative, with copies to follow to Tenant at the notice address set forth in Section 1.2 of this Lease within five (5) days thereafter); provided, however, that if Tenant shall fail to eliminate the delay within the aforesaid 48-hour period, then the 48-hour cure period shall be included in the period of time charged to Tenant pursuant to such Tenant Delay Notice (it being understood and agreed that if Tenant shall in fact eliminate the Tenant Delay within the 48-hour cure period, no Tenant Delay shall be deemed to have occurred for the purposes of this Article III). In addition, any delay to the extent caused by (i) Landlord Delay or (ii) subject to the limitations of subsection (D) below, Tenant's Force Majeure (as defined in said subsection (D)) shall not constitute Tenant Delay. Tenant covenants that no Tenant Delay shall delay commencement of the Term or the obligation to pay Annual Fixed Rent or Additional Rent. The Delivery Dates and/or the date of substantial completion of the Base Building Work, as applicable, shall be deemed to have occurred as of the date when such Delivery Dates and/or date of substantial completion of the Base Building Work, as applicable, would have occurred but for any Tenant Delays, as determined by Landlord in the exercise of its good faith business judgment (it being understood and agreed that the foregoing shall not be construed so as to relieve Landlord of its obligation to actually complete the Base Building Work, notwithstanding the fact that substantial completion may have been deemed to have occurred prior to actual completion as the result of Tenant Delays).

  • Damage or Destruction (a) If the Premises shall be damaged by fire or other casualty, the Landlord shall collect the proceeds of such insurance and immediately and with all due diligence commence to repair such damage at its expense. From the date the damage occurs to the date the repairs are complete, the rent due hereunder shall be reduced by the same percentage as the percentage of the Premises which, in the Tenant's reasonable judgment, cannot be safely, economically or practically used for the operation of the Tenant's business. Anything herein to the contrary notwithstanding, if in the Tenant's reasonable judgment, any damage or destruction to the Premises from any cause whatsoever cannot be repaired within one hundred eighty (180) days following the date such damage occurs, the Tenant may terminate this Lease by written notice to the Landlord given within ninety (90) days following the occurrence of such damage. In addition, if any damage or destruction to the Premises from any cause whatsoever cannot be repaired, in the Landlord's reasonable judgment, within one hundred eighty (180) days following the date such damage occurs and the Landlord elects not to repair such damage, the Landlord shall have the right to terminate this Lease by written notice to the Tenant given within ninety (90) days after the date such damage occurred provided that no more than three (3) calendar years remain in the term hereof. Notwithstanding the foregoing, if at the time the Landlord gives such termination notice any of the renewal options provided for in the Lease have not yet been exercised and the Tenant exercises a renewal option within thirty (30) days after receipt of the Landlord's termination notice, then this Lease shall not be terminated and the Landlord shall promptly commence restoration of the Premises. (b) In the event of a termination of the Lease pursuant to this paragraph, all insurance proceeds payable by reason of damage under policies required to be carried hereunder (excluding any insurance proceeds attributable to damage to the Tenant's inventory, trade fixtures, business or leasehold improvements paid for by the Tenant) shall be paid to the Landlord.