Deferred Maintenance. Borrower shall, within six (6) months of the date hereof, perform the deferred maintenance work (the “Deferred Maintenance”) to the Property itemized on Exhibit B hereto. Furthermore, Borrowers shall diligently perform, or cause to be performed, in a timely and workmanlike manner all repairs and maintenance contemplated by and itemized in the Approved Budget.
Deferred Maintenance. There shall be no open, outstanding or deferred maintenance items, scheduled or unscheduled, against the Aircraft including those identified in pre-delivery inspections or test flights.
Deferred Maintenance. The Aircraft shall have had accomplished thereon all outstanding deferred maintenance items, carry-over items, configuration deviation list items and flight discrepancies. Items deferred because of maintenance concessions (i.e., an exemption to operate beyond the normal limits by monitoring) shall be brought up-to-date as if such maintenance concessions or exemptions did not exist. Components whose time status exceeds the conditions or requirements imposed by this Lease shall be brought into compliance with such conditions or requirements.
Deferred Maintenance. There shall be no open, outstanding or deferred maintenance items, scheduled or unscheduled, against the Aircraft or Spare Engines including those identified in pre-delivery inspections or test flights.
Deferred Maintenance. The parties acknowledge and agree that as of the Execution Date there are certain identified items of deferred maintenance at the Premises, as listed in Exhibit “E” attached hereto and made a part hereof (each a “Deferred Maintenance Item” and together, the “Deferred Maintenance Items”). The parties hereby agree that Landlord shall complete such Deferred Maintenance Items prior to the Commencement Date at Landlord’s sole expense. The parties hereby agree that Landlord shall either complete such Deferred Maintenance Items prior to the Commencement Date at Landlord’s sole expense or, at Tenant’s election, such funds shall be paid to Tenant to utilize among the Related Facilities up to the total of the amount of all immediate costs listed on Exhibit “E”.
Deferred Maintenance. Notwithstanding anything contained herein to the contrary, Borrower agrees to perform all of the Scheduled Repairs within sixty (60) days after the date hereof or such other period of time, if any, set forth in the Reserve Letter. The Deferred Maintenance Deposit shall be used solely for the payment of the actual costs of the Scheduled Repairs. Upon completion of the Scheduled Repairs in accordance with the requirements hereof, the portion of the Deferred Maintenance Deposit remaining undisbursed, if any, shall be disbursed to Borrower. All conditions, covenants and agreements set forth herein with respect to a disbursement from the Replacement Account shall apply to the disbursements from the Deferred Maintenance Deposit.
Deferred Maintenance. District shall be responsible for the major maintenance of the Premises. For purposes of the Agreement, “major maintenance” includes, for example, the major repair or replacement of plumbing, heating, ventilation, air conditioning, electrical, roofing, and floor systems, exterior and interior painting, and any other items considered deferred maintenance under Education Code section 17582. All other kinds of maintenance shall be considered routine maintenance and shall also be the responsibility of District. The District shall only be obligated to perform deferred maintenance on the Premises on an equivalent basis as that performed at other comparable District school sites.
Deferred Maintenance. Landlord and Tenant acknowledge that there are certain pre-existing conditions at the Property (collectively, the “Deferred Maintenance”) that need to be repaired and/or addressed (in addition to the Pre-Existing Environmental Conditions that are covered by Section 6.4 above). The Deferred Maintenance are more particularly described on Exhibit “I” attached hereto. The Deferred Maintenance includes certain repairs required for the amphitheater on the Property to comply with the Americans With Disabilities Act (the “ADA Work”). Tenant agrees that Landlord shall not have any obligations with respect to the Deferred Maintenance, except that Landlord shall diligently pursue and obtain from the State, in accordance with the Purchase Agreement, the amount of up to One Million Dollars ($1,000,000.00) to be used for the ADA Work (“ADA Reimbursement”). Upon receiving said funds from the State (if same have not been delivered directly to Tenant), Landlord shall promptly deliver the funds to Tenant. Landlord and Xxxxxx shall work together in good faith to obtain said funds as soon as possible following the Commencement Date. Except for Landlord’s express obligation set forth above with respect to obtaining funds for the ADA Work, Tenant shall be solely responsible for the Deferred Maintenance, which Deferred Maintenance will be addressed by Tenant to bring the Property into good condition and repair in accordance with the performance schedule set forth on Exhibit “I” and in compliance with and subject to all Applicable Laws. Landlord and Xxxxxx acknowledge and agree that the ADA Reimbursement:
(i) is to remedy a pre-existing condition satisfying an obligation of the State of California pursuant to the Agreement and Settlement and Release arising out of the matter entitled Xxxxxxxxx v. State of California, et al., and (ii) the receipt and use of the funds by Xxxxxx was factored into the negotiations establishing the fair market rental value of the Premises under this Lease (i.e., Xxxxxx would have otherwise paid less under this Lease had Tenant not assumed the obligation to perform the ADA Work), (iii) Tenant is obtaining no public benefit from the receipt of the ADA Reimbursement, and (iv) Tenant’s performance of the ADA Work may require the payment of prevailing wages, and if so paid, the ADA Reimbursement shall be limited solely to the ADA Work. In the event that Xxxxxx is able to complete the ADA Work for less than the amount of the ADA Reimbursement, Tenant shall ...
Deferred Maintenance. At the time of the Aircraft’s return, each Aircraft shall be current and in compliance with the Cessna 208B MRB or Pilatus PC-12 MRB, as applicable, without temporary extensions for convenience. Notwithstanding any mutual agreement between Lessor and Lessee to the contrary, there will be no open, outstanding, or deferred maintenance items, scheduled or unscheduled, against the Aircraft, including those identified in pre-return inspections or test flights;
Deferred Maintenance. Within three (3) months before or after the date that is twenty-four (24) months prior to the expiration of the Term and any Extended Term, Lessor shall obtain, at Lessor’s cost, updated property condition assessments (each a “PCA”) for each of the Facilities. Based on the PCAs, Lessor shall (i) identify to Lessee items of deferred maintenance existing at the Facilities, if any (each a “Required Maintenance Project”), and (ii) propose to Lessee the Annual Minimum Capital Project Amount for the next succeeding Extended Term, if applicable. Lessor shall provide Lessee with written notice detailing any Required Maintenance Projects and the proposed new Annual Minimum Capital Project Amount within a reasonable time after Lessor’s receipt of the PCAs for all Facilities. Lessor and Lessee shall cooperate diligently and attempt in good faith to agree upon the Required Maintenance Projects and the new Annual Minimum Capital Project Amount. To the extent that Lessor and Lessee are unable to reach agreement within twenty (20) days following Lessee’s receipt of Lessor’s notice, such dispute shall be resolved by one, two or three independent Persons having not less than ten (10) years of experience in performing assessments of the maintenance and condition of properties similar to the Facilities, which Persons shall (a) be selected and paid in the same manner in which Appraisers would be selected and paid pursuant to Article XXXIV and (b) make a determination with respect to the Required Maintenance Projects and/or the new Annual Minimum Capital Project Amount, as the case may be, in the same manner in which
