Common use of Compliance with Legal Requirements and Insurance Requirements Clause in Contracts

Compliance with Legal Requirements and Insurance Requirements. The operation, use and physical condition of the Property comply in all material respects with the Insurance Requirements and Lessee will not do or knowingly permit any act or thing which is contrary in any material respect to any Legal Requirements, or which would impair in any material respect, other than in the normal use thereof, the value or usefulness of any Property; provided, in each case, that Lessee shall not be required to comply with any Legal Requirements if (a) in the case of Legal Requirements with respect to laws affecting the environment, Lessee acts diligently to cure such non-compliance upon becoming aware of it and (b) in every case, such non-compliance, individually or in the aggregate, (i) shall not involve any material danger that any Property would be subject to sale, forfeiture or loss, as a result of failure to comply therewith, (ii) could not reasonably be expected to cause either Brazos or any Assignee to incur (x) civil liability for which Brazos and any Assignee are not adequately indemnified (Lessee's obligations under ARTICLE X of this Ground Lease shall be deemed to be adequate indemnification if no Event of Default, Event of Property Termination, Potential Default or Potential Property Termination exists and if such civil liability is reasonably likely to be less than $100,000 per Property and $1,000,000 in the aggregate), or (y) any criminal liability as a result of failure to comply therewith, (iii) is permitted under the provisions of the Acquired Ground Lease, if any, on such Property, and (iv) is consistent with business practices normal in the industry of Lessee or the practices of Lessee with respect to properties owned by Lessee.

Compliance with Legal Requirements and Insurance Requirements. The operation, use and physical condition of the Property Facilities comply in all material respects with the Insurance Requirements and Lessee will not do or knowingly permit any act or thing which is contrary in any material respect (as determined in Lessee's reasonable judgment) to any Legal Requirements, or which would impair might materially impair, in any material respectthe reasonable judgment of Lessee, other than in the normal use thereof, the value Value or usefulness of any PropertyFacility or FF&E; providedPROVIDED, in each case, that Lessee shall not be required to comply with any Legal Requirements if (a) in the case of Legal Requirements with respect to laws affecting the environment, Lessee acts diligently to cure such non-compliance upon becoming aware of it and (b) in every case, case such non-compliance, individually or in the aggregate, (i) shall would not involve subject any material danger that any Property would be subject Facility or FF&E to sale, forfeiture or loss, as a result of failure to comply therewith, (ii) could would not reasonably be expected to cause either Brazos or any Assignee to incur (x) civil liability for which which, in the reasonable judgment of Brazos and any Assignee are or Agent is not adequately indemnified (Lessee's obligations under ARTICLE X of this Ground Facilities Lease shall be deemed to be adequate indemnification if no Event of Default, Event of Property Facility Termination, Potential Default or Potential Property Facility Termination exists and if such civil liability is reasonably likely to be less than $100,000 500,000 per Property Facility or FF&E and $1,000,000 2,000,000 in the aggregate), or (y) any criminal liability as a result of failure to comply therewith, (iii) is permitted under the provisions of the Acquired Ground Facilities Lease, if any, on such PropertyFacility or FF&E, and (iv) is consistent with business practices normal in the industry of Lessee or the practices of Lessee with respect to properties owned by Lessee.

Compliance with Legal Requirements and Insurance Requirements. The operation, use and physical condition of the Property Facilities comply in all material respects with the Insurance Requirements and Lessee will not do or knowingly permit any act or thing which is contrary in any material respect to any Legal Requirements, or which would impair in any material respect, other than in the normal use thereof, the value or usefulness of any PropertyFacility or FF&E; provided, in each case, that Lessee shall not be required to comply with any Legal Requirements if (a) in the case of Legal Requirements with respect to laws affecting the environment, Lessee acts diligently to cure such non-compliance upon becoming aware of it and (b) in every case, case such non-compliance, individually or in the aggregate, (i) shall not involve any material danger that any Property Facility or FF&E would be subject to sale, forfeiture or loss, as a result of failure to comply therewith, (ii) could not reasonably be expected to cause either Brazos or any Assignee to incur (x) civil liability for which Brazos and any Assignee are not adequately indemnified (Lessee's obligations under ARTICLE X of this Ground Facilities Lease shall be deemed to be adequate indemnification if no Event of Default, Event of Property Facility Termination, Potential Default or Potential Property Facility Termination exists and if such civil liability is reasonably likely to be less than $100,000 per Property Facility or FF&E and $1,000,000 in the aggregate), or (y) any criminal liability as a result of failure to comply therewith, (iii) is permitted under the provisions of the Acquired Ground Facilities Lease, if any, on such PropertyFacility or FF&E, and (iv) is consistent with business practices normal in the industry of Lessee or the practices of Lessee with respect to properties owned by Lessee.

Compliance with Legal Requirements and Insurance Requirements. The operation, use and physical condition of the Property Facilities comply in all material respects with the Insurance Requirements and Lessee will not do or knowingly permit any act or thing which is contrary are in any material respect to any full compliance with all Legal Requirements, or which would impair in any material respect, other than in the normal use thereof, the value or usefulness of any Property; provided, in each case, that Lessee shall not be required to comply with any Legal Requirements if except (a) in the case of Legal Requirements with respect to laws affecting the environment, Lessee to the extent non-compliance was not the result of willful disregard of a Legal Requirement by Diamond Shamrock R & M and Diamond Shamrock R & M acts diligently to cure such non-compliance upon becoming aware of it and or (b) in every case, such any Legal Requirement the non-compliancecompliance with which, individually or in the aggregate, (i) unless any criminal liability could result from a failure to comply therewith, could not reasonably be expected to cause either Brazos or any Assignee to incur civil liability for which Brazos and any Assignee are not adequately indemnified (Diamond Shamrock R & M's obligations under Article X of this Facilities Lease shall be deemed to be adequate indemnification if no Event of Default, Event of Facility Termination, Potential Default or Potential Facility Termination exists and if such civil liability is reasonably likely to be less than $500,000 per Facility and $1,000,000 in the aggregate for all Facilities), (ii) will not result in a material diminution in the value of any Facility, (iii) is consistent with business practices normal in the industry of Diamond Shamrock R & M, (iv) shall not involve any material danger that any Property Facility would be subject to sale, forfeiture or loss, as a result of failure to comply therewith, and (ii) could not reasonably be expected to cause either Brazos or any Assignee to incur (x) civil liability for which Brazos and any Assignee are not adequately indemnified (Lessee's obligations under ARTICLE X of this Ground Lease shall be deemed to be adequate indemnification if no Event of Default, Event of Property Termination, Potential Default or Potential Property Termination exists and if such civil liability is reasonably likely to be less than $100,000 per Property and $1,000,000 in the aggregate), or (y) any criminal liability as a result of failure to comply therewith, (iiiv) is permitted under the provisions of the Acquired Ground Facilities Lease, if any, on such Property, and (iv) is consistent with business practices normal in the industry of Lessee or the practices of Lessee with respect to properties owned by LesseeFacility.