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which existed prior to the Casualty within one hundred eighty (180) days after the <br /> City is notified by NWS of such damage and (2) there are sufficient insurance <br /> proceeds available to the City to make such repair,then the City shall proceed with <br /> reasonable diligence to so repair the damage and this Agreement shall not <br /> terminate, but no monthly fees or utility payments will be due or payable for the <br /> period from the date of the notice to the City until the repair is sufficiently <br /> complete for NWS to be able to reasonably operate its business on the Ballfield <br /> Property. If either of the conditions set forth in (1) and (2) of the previous <br /> sentence are not satisfied, then the City may elect, in its sole and absolute <br /> discretion, to either: <br /> i. repair the damage, in which case this Agreement shall continue, but no <br /> monthly fees or utility payments will be due or payable for the period <br /> from the date of the notice to the City until the repair is sufficiently <br /> complete for NWS to be able to reasonably operate its business on the <br /> Ballfield Property; or <br /> ii. terminate this Agreement, in which case the City will pay NWS, to the <br /> extent allowed by the City's insurance policies, an amount from <br /> insurance proceeds actually received by the City as follows: <br /> a. If the Casualty occurs during the initial Term, City will pay the <br /> amount from such insurance proceeds that is reasonably <br /> attributable as of the date of the Casualty to the value of the <br /> NWS Initial Project (and the value of additional approved <br /> projects during the initial Term under Section F of Exhibit C, if <br /> any); or, <br /> b. If the Casualty occurs during the Extension Term, City will pay <br /> the amount from such insurance proceeds that is reasonably <br /> attributable as of the date of the Casualty to the value of the <br /> NWS Extension Term Turf Project (and the value of additional <br /> approved projects during the Extension Term under Section F <br /> of Exhibit C, if any). <br /> Notice of the City's election shall be delivered to NWS within thirty (30) days <br /> after the date the City receives written notice of the damage. Failure by the <br /> City to deliver notice within the specified period shall be treated as an election <br /> not to repair and to terminate this Agreement. NWS agrees to look to the <br /> provider of NWS' insurance for coverage for the loss of NWS' use of the <br /> Ballfield Property, damage to NWS' property, and for any other related losses <br /> or damages incurred by NWS during any reconstruction period following a <br /> Casualty. <br /> (b) Taking/Acquisition by Public Agency. If the Ballfield Property (or necessary <br /> access to the Ballfield Property) is taken or acquired by public or quasi-public <br /> agency (other than the City) under any power of eminent domain or <br /> 15 <br />