Example ContractsClausesexpenses; indemnity; damage waiverVariants
Expenses; Indemnity; Damage Waiver
Expenses; Indemnity; Damage Waiver contract clause examples

Damage. If prior to Closing any of the Properties are damaged by fire or other casualty, shall promptly estimate the cost to repair and the time required to complete repairs and will provide written notice of ’s estimation (the “Casualty Notice”) as soon as reasonably possible after the occurrence of the casualty, but in no event more than ten (10) days after the occurrence thereof.

If the Property suffers damage as a result of any casualty prior to the Closing Date, shall give prompt written notice thereof to . If such damage can be repaired or restored for Two Hundred Fifty Thousand Dollars ($250,000) or less within than sixty (60) days after the date of such casualty, then shall either (i) commence the repair or restoration in an expeditious manner, in which event the Closing Date will be extended until such date as may reasonably be required to complete the repair or restoration, but in no event later than sixty (60) days after the date of such casualty, and shall retain all insurance proceeds, or (ii) assign to all assignable insurance proceeds not previously expended by in connection with such repairs or restoration and give a credit in the amount of the deductible plus such other amounts as are necessary to complete the restoration, provided that the combined total amount of any assigned proceeds, any credit for ’s deductible and any credit for restoration costs shall not exceed $250,000. If the cost of repair or restoration exceeds Two Hundred Fifty Thousand Dollars ($250,000) or will take more than sixty (60) days to repair and restore, then or may elect to terminate this Agreement upon notice to the other served within twenty (20) business days of such casualty (“’s Termination Notice”). If elects to terminate this Agreement pursuant to this Section, then, provided notifies by written notice served within five (5) business days after receipt of ’s Termination Notice, will have the option to purchase the Property on the Closing Date in its damaged condition, whereupon (i) the Closing shall occur on the Closing Date and otherwise in accordance with the terms of this Agreement, (ii) shall assign to at Closing, to the extent assignable, any casualty insurance proceeds in connection with such damage (but not any rent loss proceeds), less the amount incurred by in the restoration and repair of such damage prior to Closing, and (iii) if such proceeds are assigned, shall receive a credit at Closing in the amount of the deductible under ’s casualty insurance policy.

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