pf_03632 - Laserfiche WebLink

Home

) H ~ or other casuaItyl if or more !eet Rosedale and designated by the ownet'I occupancy by hnrnedJately prior to such damage or desfructiOl\ rendered untenantable due to such damage and destruction" then this Agreement, at option Equitable, to be exercised by notice to the RTB given withln nfnety (90) days such damage or destruction" Shall be terminated. Provided.. however, that 11 Equitable does not give such notice, then Equita.ble shall repair and reconstruct the Transit Hub ImproV~ts,'Pursuant to the provisions paragraph 2.6.(c) hereof, but only to the extent that net insurance proceeds payable due to.. and allocable to, the damage or destruction of such Transit Hub Im.provements are &.ctuany received by Equitable, plus such sum.s as are actually received by Bquitable from payments made by the City or !he RTB, in their discretion, to help pay the cost of such repair and reconstruction. If this Agreement is termina.ted uabove provided in this paragraph, Equita.ble shall pay to the City the net insur~e proceeds actually received by Equitable which are payable due to, and aUoca.b1e to.. thedamage or destruction of the Transit Facilities, in full satisfaction of all oblig~fions under this Agreement. Cd) For purposes hereof, net insurance proceeds means the total insurance proceeds payable due to a 'casualty less all costs incurred in obtaining such proceeds, including experts' lees and attorneys' feesl whether suit be brought or not. 2.10. Temporary Obstruction and Relocation. The use of any or all of the Transit Facilities may be temporarUy obstructedl and any or all of the Waiting Area. or Bus Route may be tempormiIY relocated, by Equitable, the City or the RTB to the,extent reasonably necessary in connection with any work to be done,pursuant to this Article. Jf relocation is on the RosedaIe property such relocation sHiill be done only to such areas, and [or time periods, as Equitable shall designate in writing. If , relocation is off the RosedaIe property, the relocation area shall be designated .in ' 'writing by the RTB. However, in no event shall any person block or unreasonably 'restrict access to any stores adjoining the Transit Facilities. ", Temporary relocation of the Park and Ride Area shall be done only pursuant to Article IV hereof. 2.11. Minimum Jnterferen~. Ba.ch party hereto, and the RTB, shall exercise their respective rights hereunder reasonably and in such manner as to caUSe the least possible interference under the then circumstance with the use and enjoyment by the RTB and the other party hereto of their .rlghts hereunder and with the use and enjoyment or other P~es in Rosedale by the owners, lessees and occupants (hereof and their respective customers, guests and invitees. ooS\.