CARE AND USE OF THE PROPERTY. (a) Borrower represents and warrants to Lender as follows:
(i) All authorizations, licenses and operating permits required to allow the Improvements to be operated by the Borrower for the Use have been obtained, paid for and are in full force and effect.
(ii) To the best of Borrower's knowledge, except as previously disclosed in writing to Lender, the Improvements and their Use comply with (and no notices of violation have been received in connection with) all Requirements (as defined in this Section) and Borrower shall at all times comply with all present or future Requirements affecting or relating to the Property and/or the Use. Borrower shall furnish Lender, on request, reasonable evidence of continuing compliance with the Requirements if there is a material change in the Improvements or in the Use of the Property after the Execution Date. Borrower shall not use or permit the use of the Property, or any part thereof, for any illegal purpose. "Requirements" shall mean all laws, ordinances, orders, covenants, conditions and restrictions and other requirements relating to land and building design and construction, use and maintenance, that may now or hereafter pertain to or affect the Property or any part of the Property or the Use, including, without limitation, planning, zoning, subdivision, environmental, air quality, flood hazard, fire safety, handicapped facilities, building, health, fire, traffic, safety, wetlands, coastal and other governmental or regulatory rules, laws, ordinances, statutes, codes and requirements applicable to the Property, including permits, licenses and/or certificates that may be necessary from time to time to comply with any of the these requirements.
CARE AND USE OF THE PROPERTY. (a) Grantor represents and warrants to Grantee as follows:
(i) All authorizations, licenses, including without limitation liquor licenses, if any, and operating permits required to allow the Improvements to be operated for the Use have been obtained, paid for and are in full force and effect.
(ii) The Improvements and their Use comply with (and no notices of violation have been received in connection with) all Requirements (as defined in this Section) and Grantor shall at all times comply with all present or future Requirements affecting or relating to the Property and/or the Use. Grantor shall furnish Grantee, on request, proof of compliance with the Requirements. Grantor shall not use or permit the use of the Property, or any part thereof, for any illegal purpose. "Requirements" shall mean all laws, ordinances, orders, covenants, conditions and restrictions and other requirements relating to land and building design and construction, use and maintenance, that may now or hereafter pertain to or affect the Property or any part of the Property or the Use, including, without limitation, planning, zoning, subdivision, environmental, air quality, flood hazard, fire safety, handicapped facilities, building, health, fire, traffic, safety, wetlands, coastal and other governmental or regulatory rules, laws, ordinances, statutes, codes and requirements applicable to the Property, including permits, licenses and/or certificates that may be necessary from time to time to comply with any of the these requirements.
CARE AND USE OF THE PROPERTY. (a) Trustor represents and warrants to Beneficiary as follows:
(i) All authorizations, licenses, including without limitation liquor licenses, if any, and operating permits required to allow the Improvements to be operated for the Use have been obtained, paid for and are in full force and effect.
(ii) The Improvements and their Use comply with (and no notices of violation have been received in connection with) all Requirements (as defined in this Section) and Trustor and/or Operating Lessee as applicable shall at all times comply with all present or future Requirements affecting or relating to the Property and/or the Use. Trustor shall furnish Beneficiary, on request, proof of compliance with the Requirements. Trustor and/or Operating Lessee as applicable shall not use or permit the use of the Property, or any part thereof, for any illegal purpose. “Requirements” shall mean all laws, ordinances, orders, covenants, conditions and restrictions and other requirements relating to land and building design and construction, use and maintenance, that may now or hereafter pertain to or affect the Property or any part of the Property or the Use, including, without limitation, planning, zoning, subdivision, environmental, air quality, flood hazard, fire safety, handicapped facilities, building, health, fire, traffic, safety, wetlands, coastal and other governmental or regulatory rules, laws, ordinances, statutes, codes and requirements applicable to the Property, including permits, licenses and/or certificates that may be necessary from time to time to comply with any of the these requirements.
CARE AND USE OF THE PROPERTY. (a) Mortgagor represents, warrants, and covenants as follows:
(i) Intentionally omitted;
(ii) Mortgagor shall at all times comply in all material respects with all present or future Requirements (including, without limitation, Prescribed Laws) affecting or relating to Mortgagor, the Property and/or the Use, and shall not use or knowingly permit the use of the Property, or any part thereof, for any illegal purpose.
(iii) Mortgagor, at its sole cost and expense, shall keep the Property in good order, condition, and repair.
(iv) Mortgagor shall abstain from, and not permit, the commission of physical waste to the Property and, subject to the rights of Neiman Marcus Group, Inc.; Nordstrom, Inc.; Saks & Company; A & S Real Estate, Inc.; and Bloomingdale’s Real Estate, Inc., as tenant, under their respective leases of portions of the Real Property, (A) prior to a Securitization, shall not alter in any substantial manner, the structure or character of any Improvements (except for tenant improvements) without the prior written consent of Mortgagee or (B) after a Securitization, shall obtain Mortgagee’s prior written consent (which consent, provided no Event of Default is continuing, shall not be unreasonably withheld or delayed) with respect to any alterations (including off-site work, such as roadwork) that (I) may have a material adverse effect on Mortgagor’s financial condition or the use, operation or value (including the net operating income) of the Property, (II) materially adversely affect the structural integrity of the Improvements or any utility or HVAC system contained in any Improvements or (III) the total estimated cost to Mortgagor of such alterations (when added to the total estimated costs to Mortgagor of all other alterations then being conducted at the Property) in the aggregate (other than such amounts to be paid or reimbursed by tenants under the Leases) at any time exceeds $25,000,000.00 (the “Threshold Amount”). If the total estimated cost to Mortgagor of such alterations (when added to the total estimated costs to Mortgagor of all other alterations then being conducted at the Property) in the aggregate shall exceed the Threshold Amount, Mortgagor shall promptly deliver to Mortgagee and maintain as security for the payment of such amounts and as additional security for Mortgagor’s obligations under the Loan Documents any of the following: (w) Cash, (x) U.S. Obligations, (y) other securities (of a type that a REMIC Trust is permitted to hold a...
CARE AND USE OF THE PROPERTY a. Tenant shall be responsible for normal grounds maintenance during the Term of this Rental agreement. Without limiting the generality of the foregoing language, Tenant shall keep all trash, outdoor furniture, toys and in general, keep the yard orderly.
b. The Landlord will be responsible for mowing and trimming the lawn.
c. The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Property or to any furnishings supplied by the Landlord.
d. The Tenant will not engage in any illegal trade or activity on or about the Property.
e. The Tenant will comply with standards of health, sanitation, fire, housing and safety as required by law.
f. Extra propane for the grill is located in the garage.
g. The Landlord will supply toilet paper, dish detergent, laundry detergent, and trash bags.
h. Tenant must acknowledge, sign and return the Lead Paint signoff form before occupancy.
i. The Tenant must strip bed linens must leave on the bed in the pillowcases or in front of the washing machine.
j. The Tenant must place all dirty towels in front of the washing machine. (If you could do a load or two that would be helpful).
k. The Tenant must completely empty the refrigerator.
l. The Tenant must wash all dirty dishes.
m. The Tenant is expected to leave the house and yard in the same condition as when you arrived. Please return items to their original location prior to leaving.
n. At the expiration of the term of this Lease, the Tenant will quit and surrender the Property in as good a state and condition as it was at the commencement of this Lease, reasonable use and wear and tear excepted.
CARE AND USE OF THE PROPERTY. (a) Mortgagor represents and warrants to Administrative Agent and the Secured Parties as follows:
(i) Mortgagor has not received any written notice of violation in connection with, and to the best of Mortgagor’s knowledge, Mortgagor has complied in all material respects with all requirements of, all instruments and agreements affecting the Mortgaged Property, whether or not of record, including without limitation all covenants and agreements by and between Mortgagor and any governmental or regulatory agency pertaining to the development, use or operation of the Mortgaged Property. Mortgagor, at its sole cost and expense, shall keep the Mortgaged Property in good order, condition, and repair.
(ii) Mortgagor shall abstain from, and not permit, the commission of waste to the Mortgaged Property.
(b) Administrative Agent and the Secured Parties shall have the right to enter the Mortgaged Property in order to ascertain Mortgagor’s compliance with the Loan Documents, to examine the condition of the Mortgaged Property, to perform an appraisal, and to undertake surveying or engineering work. Mortgagor shall cooperate with Administrative Agent and the Secured Parties performing these inspections.
CARE AND USE OF THE PROPERTY. (a) Grantor, at its sole cost and expense, shall keep the Property in good order, condition, and repair, and make all necessary repairs thereto, interior and exterior, structural and non-structural, ordinary and extraordinary, and foreseen and unforeseen. Grantor shall abstain from, and not permit, the commission of waste in or about the Property and, except as may be permitted in Section 8.7B of the Loan Agreement, shall not remove or demolish, or alter in any substantial manner, the structure or character of any Improvements without the prior written consent of Beneficiary.
(b) Grantor shall at all times comply with all present or future Requirements affecting or relating or pertaining in any way to the Property and/or the use, operation and/or the maintenance thereof, and shall furnish Beneficiary, on request, proof of such compliance. Grantor shall not use or permit the use of the Property, or any part thereof, for any illegal purpose.
(c) Beneficiary and Beneficiary's representatives and designees shall have the right, but not the duty, to enter the Property at reasonable times to inspect the same. Beneficiary shall not be liable to Grantor or any person in possession of the Property with respect to any matter arising out of such entry to the Property.
(d) Grantor shall, from time to time, if and when required by Beneficiary (1) perform a site investigation of the Property to determine the existence and levels of Hazardous Substances (as defined in Exhibit "A") on the Property, (2) issue a report certifying the results of such inspection to Beneficiary, and (3) take such remedial action as may be required by Beneficiary based upon such report.
(e) Grantor shall use, or cause to be used, the Property continuously as and for first class property of its type and kind at the time of the execution of this Deed of Trust. Grantor shall not use, or permit the use of, the Property for any other use without the prior written consent of Beneficiary.
(f) Grantor shall not initiate or acquiesce in a change in the zoning classification of and/or restrictive covenants affecting the Property or seek any variance under existing zoning ordinances applicable to the Property or use or permit the use of the Property in such a manner which would result in such use becoming a non-conforming use under applicable zoning ordinances or other applicable laws, ordinances, rules or regulations or subject the Property to restrictive covenants without Beneficiary's prior written con...
CARE AND USE OF THE PROPERTY. The Issuer shall cause the PropCos, at their sole cost and expense, to keep the Properties in good order, condition, and repair, and make all necessary repairs thereto, interior and exterior, structural and non-structural, ordinary and extraordinary, and foreseen and unforeseen. The Issuer shall cause the PropCos to abstain from, and to not permit, the commission of waste in or about the Properties and, except as may be specifically permitted under this Section 4.27, shall 50 not remove, demolish, effectuate any Material Alterations or make any Improvements without the prior written consent of Trustee, at the direction of the Required Holders, which shall not be unreasonably withheld or delayed. As used in this Indenture, “Material Alterations” means (i) any Alterations that affect the structural integrity of any Property or that adversely affect any material Technology or (ii) any other Alterations at any Property, the aggregate cost of which exceeds $5,000,000) in any calendar year.
CARE AND USE OF THE PROPERTY. (a) Mortgagor represents and warrants to Mortgagee as follows:
(i) All authorizations, approvals, licenses, including without limitation liquor licenses, if any, and operating permits required of Mortgagor to allow the Improvements to be operated for the Use have been obtained, paid for and are in full force and effect.
(ii) The Improvements, all plazas, parking facilities and landscaping upon the described Land and their Use comply in all material respects with (and no notices of violation have been received in connection with) all Requirements (as defined in this Section) and Mortgagor shall at all times comply in all material respects with all present or future Requirements affecting or relating to the Property and/or the Use. Mortgagor shall not use or knowingly permit the use of the Property, or any part thereof, for any illegal purpose. "Requirements" shall mean all laws, ordinances, orders, covenants, conditions and restrictions and other requirements relating to land and building design and construction, use and maintenance, that may now or hereafter pertain to or affect the Property or any part of the Property or the Use, including, without limitation, planning, zoning, subdivision, environmental, air quality, flood hazard, fire safety, handicapped facilities, building, health, fire, traffic, safety, wetlands, coastal and other governmental or regulatory rules, laws, ordinances, statutes, codes and requirements applicable to the Property, including permits, licenses, certificates of occupancy and/or other certificates that may be necessary from time to time to comply with any of the these requirements.
CARE AND USE OF THE PROPERTY. (a) Trustor represents and warrants to and agrees with Beneficiary as follows:
(i) Trustor represents and warrants that all authorizations, licenses, including without limitation liquor licenses, if any, and operating permits (other than those required to be obtained by tenants of the Improvements) required to allow the Improvements to be operated for the Use have been obtained, paid for (except for normal and customary recurring fees and charges, if any) and are in full force and effect.
(ii) Trustor represents and warrants that except as disclosed in the Environmental Reports (as defined in the Indemnity Agreement), the physical condition reports of the Property or the land title survey of the Property (the "Survey"), all as provided to Beneficiary by Trustor prior to the Execution Date, the Improvements and their Use comply with (and no presently effective notices of violation have been received by Trustor or its property manager in connection with) all Requirements (as defined in this Section). Trustor covenants that it shall at all times comply with all present or future Requirements affecting or relating to the Property and/or the Use. Trustor shall furnish Beneficiary, on request, proof of compliance with the Requirements. Trustor shall not use or permit the use of the Property, or any part thereof, for any illegal purpose. "Requirements" shall mean all laws, ordinances, orders, covenants, conditions and restrictions and other requirements relating to land and building design and construction, use and maintenance, that may now or hereafter pertain to or affect the Property or any part of the Property or the Use, including, without limitation, planning, zoning, subdivision, environmental, air quality, flood hazard, fire safety, handicapped facilities, building, health, fire, traffic, safety, wetlands, coastal and other governmental or regulatory rules, laws, ordinances, statutes, codes and requirements applicable to the Property, including permits, licenses and/or certificates that may be necessary from time to time to comply with any of the these requirements.
