DAMAGE OR DESTRUCTION OF PREMISES If, in our opinion, your Bedroom should become unavailable or unlivable during the Lease Term because of damage or destruction by fire or other casualty, we shall have the right to terminate this Lease, or move you to similar accommodations within the Community and repair and restore your Bedroom. In the event of such damage or destruction to your Bedroom your obligations to pay Rent will be waived only if we terminate this Lease, or do not furnish you with a bedroom within the Community or reasonably similar accommodation.
Use of Premises Tenant shall not use the premises or any part thereof, or permit the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permit.
CARE OF PREMISES (a) Mortgagor will keep the Premises in good condition and repair, will not commit or suffer any waste and will not do or suffer to be done anything which will increase the risk of fire or other hazard to the Premises or any part thereof or which would or could result in the cancellation of any insurance policy carried with respect to the Premises. (b) Mortgagor will not construct any improvements on the Premises nor remove, demolish or alter the design or structural character of any building, fixture, chattel or other part of the Premises without the prior written consent of Lender, and Mortgagor will not permit the removal, demolition or alteration of any Improvements. Mortgagor shall not take any action to rezone the Premises nor shall Mortgagor impose any restrictions, agreements or liabilities upon the Premises without, in each case, the prior written consent of Lender. (c) If the Premises or any part thereof is damaged by fire, windstorm, flood or other cause, Mortgagor will give immediate oral and written notices of the same to Lender. (d) Lender is hereby authorized and empowered to enter and to authorize others to enter upon any or all of the Premises, at any reasonable time and from time to time, to inspect the same, to perform or observe any covenants, conditions or terms which Mortgagor shall fail to perform, meet or comply with, or for any other purpose in connection with the protection or preservation of Lender’s security, without thereby becoming liable to Mortgagor or any person in possession holding under Mortgagor. Mortgagor agrees that it will open and cause its agents, managers, operators, tenants or lessees to open to Lender all areas within the Premises reasonably necessary or convenient with respect to the requirements hereof, and Mortgagor represents that each lease of the Premises provides reasonable inspection rights to Mortgagor which may be exercised by Lender. (e) Mortgagor will promptly comply with all present and future laws, ordinances, rules and regulations of any governmental authority affecting the Premises or any part thereof. Mortgagor shall also comply with all restrictions, agreements or obligations binding upon Mortgagor, the Premises, the Land or any portion thereof. (f) If all or any part of the Premises shall be damaged by fire or other casualty, Mortgagor will promptly restore the Premises to the equivalent of its original condition and if a part of the Premises shall be taken through condemnation, Mortgagor will promptly restore, repair or alter the remaining portions of the Premises in a manner satisfactory to Lender. Notwithstanding the foregoing, Mortgagor shall not be obligated so to restore, repair or alter unless in each instance, Lender agrees to make available to Mortgagor (pursuant to a procedure satisfactory to Lender) any net insurance or condemnation proceeds actually received by Lender hereunder in connection with such casualty loss or condemnation, to the extent such proceeds are required to defray the expense of such restoration, repair or alteration; provided, however, that the insufficiency of any such insurance or condemnation proceeds to defray the entire expense of restoration, repair or alteration shall in no way relieve Mortgagor of its obligation to restore, repair or alter. In the event all or any portion of the Premises shall be damaged or destroyed by fire, windstorm, flood or other casualty or by condemnation, Mortgagor shall promptly deposit with Lender a sum equal to the amount by which the estimated cost of the restoration of the Premises (as determined by Lender in its good faith judgment) exceeds the actual net insurance or condemnation proceeds with respect to such damage or destruction. (g) Notwithstanding the provisions of Sections 1.5 and 1.6 hereof to the contrary, in the event that any portion or portions of the Premises are damaged or destroyed by fire or by any other casualty, or are the subject of a “de minimis” (for purposes of this Section 1.7(g) the term “de minimis” shall mean an amount, as determined by Lender in its sole discretion, which does not adversely affect the actual use of the Improvements) condemnation, and such damage, destruction, or condemnation results in the need for repair, rebuilding, or restoration work to be performed on the Premises (such repair, rebuilding, or restoration is referred to herein as the “Work”), Lender shall allow Mortgagor to use the amount by which the proceeds of all insurance policies, judgments, settlements, or awards collected with respect to such damage, destruction, or condemnation (except such amounts as are attributable to a loss of rents) exceed the cost, if any, to Lender for the recovery of such proceeds (said net amount is defined herein as the “Reconstruction Funds”), to perform the Work, so long as the following conditions have been met: (i) No Event of Default exists hereunder, under the Note, or under any other of the Loan Documents; (ii) Mortgagor shall have delivered evidence satisfactory to Lender that the Improvements may be reconstructed in accordance with all applicable zoning and building codes, and all rules, regulations, and ordinances of governmental authorities and that, upon completion of the Work, the condition of the Improvements will be at least equal in value and general utility to that which existed immediately prior to such casualty or condemnation; (iii) Mortgagor shall have delivered evidence satisfactory to Lender that sufficient funds, including the Reconstruction Funds, are available to perform the Work and that the Work is capable of completion at least three (3) months prior to the maturity date of the Note; (iv) Mortgagor shall have delivered evidence satisfactory to Lender that business interruption or income insurance proceeds payable to Mortgagor as a result of the damage or destruction, or income from the Improvements, or that sources other than the Reconstruction Funds, are sufficient to cover payments of debt service, costs, and expenses under and in connection with the Note during the period the Work is to be performed; (v) Lender shall be satisfied, in its sole discretion, that the Work can be completed and the Improvements can be ready for occupancy at least three (3) months prior to the maturity of the Note; (vi) All parties having existing or expected possessory interest in the Premises agree in a manner satisfactory to Lender that they will continue or extend their intent and arrangements for the contract terms then in effect following the work or are otherwise required to do so under the terms of their respective contracts; (vii) All parties having operating, management, or franchise interests in or arrangements concerning the Property agree that they will continue their interests and arrangements for the contract terms then in effect following the Work; (viii) The cost of the Restoration Work does not exceed 50% of the value of the Improvements immediately prior to the damage, destruction or condemnation; and (ix) Lender shall be satisfied that it will not incur any liability to any other person as a result of such use or release of insurance proceeds. In the event that the conditions set forth in Section 1.7(g) above are satisfied, Lender shall make the Reconstruction Funds available to Mortgagor for the Work only under the following procedures, terms, and conditions: 1. Mortgagor shall execute and deliver to Lender a copy of a contract with a licensed contractor acceptable to Lender setting forth a fixed price for the Work and a completion date that acceptable to Lender and that is at least three (3) months prior to the maturity date of the Note; 2. Mortgagor shall demonstrate to Lender that the Reconstruction Funds are at least equal to the fixed price of the Work as set forth in said contract or shall deposit with Lender funds in the amount by which such fixed price exceeds the Reconstruction Funds; 3. The Work shall be supervised by an architect or engineer and performed in accordance with plans and specifications prepared by such architect or engineer and approved by Lender; 4. The Reconstruction Funds, plus any additional funds deposited by Mortgagor, shall be received and held by Lender and disbursed in accordance with the terms and conditions used by Lender in connection with the a loan disbursing agreement to be prepared by Lender and Mortgagor’s expense, and Mortgagor shall reimburse Lender for costs and expenses incurred in connection with such disbursements; 5. Upon completion of and final payment for the Work, any remaining Reconstruction Funds shall, at the option of Lender, be applied to the indebtedness and obligations secured by this Mortgage (whether or not then due) in such order as Lender shall elect or paid over to Mortgagor; provided, however, that in either event, any remaining additional funds deposited by Mortgagor for excess costs shall be refunded to Mortgagor; and 6. Mortgagor shall otherwise comply with the terms and conditions of this Mortgage and the other Loan Documents during the performance of the Work. In the event any one or more of the conditions set forth in this Section 1.7(g) is at any time not satisfied, Lender may elect, in its discretion, to apply the Reconstruction Funds to the indebtedness and obligations secured hereby, whether or not clue, in such manner as Lender shall elect. Without limiting the generality of the foregoing, if an Event of Default shall exist and be continuing hereunder, or if Mortgagor shall fail diligently to pursue and complete the Work, Lender may, in its sole discretion, apply any undisbursed Reconstruction Funds and any of Mortgagor’s deposits against the balance of the indebtedness and obligations secured hereby, whether or not due, in such manner as Lender shall elect.