Legal Requirements Covenants. Lessee shall acquire and maintain all licenses, certificates, permits, provider agreements and other authorizations and approvals needed to operate the Leased Property for the Primary Intended Use. Lessee further covenants and agrees to perform all maintenance and alterations necessary to operate the Leased premises in accordance with all Legal Requirements and Insurance Requirements. Lessee, may, however, upon prior written notice to Lessor, contest the legality or applicability of any such law, ordinance, rule or regulation, or any licensure or certification decision if Lessee maintains such action in good faith, with due diligence, without prejudice to Lessee’s rights hereunder, and at Lessee’s sole cost and expense. If by the terms of any such law, ordinance, rule or regulation, compliance therewith pending the prosecution of any such proceeding may legally be delayed without the occurrence of any fine, charge or liability of any kind against the Leased Property or Lessee’s leasehold interest therein and without subjecting Lessee or Lessor to any liability, civil or criminal, for failure so to comply therewith, Lessee may delay compliance therewith until the final determination of such proceeding. If any lien, charge or civil or criminal liability would be incurred by reason of any such delay, Lessee, on the prior written consent of Lessor, may nonetheless contest as aforesaid and delay as aforesaid provided that such delay would not subject Lessor to criminal liability and Lessee both (a) furnishes to Lessor security satisfactory to Lessor (in its sole and absolute discretion) against any loss or injury by reason of such contest or delay, and (b) prosecutes the contest with due diligence and in good faith.
Appears in 2 contracts
Samples: Master Lease Agreement (Assisted Living Concepts Inc), Master Lease Agreement (Assisted Living Concepts Inc)
Legal Requirements Covenants. Lessee covenants and agrees that the Leased Property and Lessee's Personal Property shall not be used for any unlawful purpose, and that Lessee shall not permit or suffer to exist any unlawful use of the Leased Property by others. Lessee shall acquire and maintain all appropriate licenses, certificatescertifications, permits, provider agreements permits and other authorizations and approvals needed to operate the Leased Property in its customary manner for the Primary Intended Use, and any other lawful use conducted on the Leased Property as may be permitted from time to time hereunder. Lessee further covenants and agrees to perform all maintenance and alterations necessary to operate that Lessee's use of the Leased premises in accordance Property and maintenance, alteration, and operation of the same, and all parts thereof, shall at all times conform to all Legal Requirements, unless the same are finally determined by a court of competent jurisdiction to be unlawful (and Lessee shall cause all sub-tenants, invitees or others to so comply with all Legal Requirements and Insurance Requirements). Lessee, Lessee may, however, upon prior written notice Notice to Lessor, and subject to the provisions of Article XII, contest the legality or applicability of any such law, ordinance, rule or regulation, Legal Requirement or any licensure or certification decision if Lessee maintains such action in good faith, with due diligence, without prejudice to Lessee’s Lessor's rights hereunder, and at Lessee’s 's sole cost and expense. If by the terms of any such law, ordinance, rule or regulation, Legal Requirement compliance therewith pending the prosecution of any such proceeding may legally be delayed without the occurrence incurrence of any finelien, charge or liability of any kind against the Leased Property any Facility or Lessee’s 's leasehold interest therein therein, without adversely affecting the continued operation of the Facility and without subjecting Lessee or Lessor to any liability, civil or criminal, for failure so to comply therewith, Lessee may delay compliance therewith until the final determination of such proceeding. If any lien, charge or civil or criminal liability would be incurred by reason of any such delay, Lessee, on with the prior written consent of Lessor, which consent shall not be unreasonably withheld, may nonetheless contest as aforesaid and delay as aforesaid provided that such delay would not subject Lessor to criminal liability and Lessee both (a) furnishes to Lessor security reasonably satisfactory to Lessor (in its sole and absolute discretion) against any loss or injury to Lessor by reason of such contest or delay, delay and (b) prosecutes the contest with due diligence and in good faith.
Appears in 2 contracts
Samples: Percentage Lease Agreement (Boykin Lodging Co), Percentage Lease Agreement (Red Lion Inns Limited Partnership)
Legal Requirements Covenants. Lessee covenants and agrees that the Leased Property and Lessee's Personal Property shall not be used for any unlawful purpose, and that Lessee shall not permit or suffer to exist any unlawful use of the Leased Property by others. Lessee shall acquire and maintain all appropriate licenses, certificatescertifications, permits, provider agreements permits and other authorizations and approvals needed to operate the Leased Property in its customary manner for the Primary Intended Use, and any other lawful use conducted on the Leased Property as may be permitted from time to time hereunder. Lessee further covenants and agrees to perform all maintenance and alterations necessary to operate that Lessee's use of the Leased premises in accordance Property and maintenance, alteration, and operation of the same, and all parts thereof, shall at all times conform to all Legal Requirements, unless the same are finally determined by a court of competent jurisdiction to be unlawful (and Lessee shall cause all such subtenants, invitees or others to so comply with all Legal Requirements and Insurance Requirements). Lessee, Lessee may, however, upon prior written notice Notice to Lessor, and subject to the provisions of Article XII, contest the legality or applicability of any such law, ordinance, rule or regulation, Legal Requirement or any licensure or certification decision if Lessee maintains such action in good faith, with due diligence, without prejudice to Lessee’s Lessor's rights hereunder, and at Lessee’s 's sole cost and expense. If by the terms of any such law, ordinance, rule or regulation, Legal Requirement compliance therewith pending the prosecution of any such proceeding may legally be delayed without the occurrence incurrence of any finelien, charge or liability of any kind against the Leased Property Facility or Lessee’s 's leasehold interest therein and without subjecting Lessee or Lessor to any liability, civil or criminal, for failure so to comply therewith, Lessee may delay compliance therewith until the final determination of such proceeding. If any lien, charge or civil or criminal liability would be incurred by reason of any such delay, Lessee, on the prior written consent of Lessor, which consent shall not be unreasonably withheld, may nonetheless contest as aforesaid and delay as aforesaid provided that such delay would not subject Lessor to criminal liability and Lessee both (a) furnishes to Lessor security reasonably satisfactory to Lessor (in its sole and absolute discretion) against any loss or injury to Lessor by reason of such contest or delay, delay and (b) prosecutes the contest with due diligence and in good faith.
Appears in 1 contract
Samples: Percentage Lease Agreement (Boykin Lodging Trust Inc)
Legal Requirements Covenants. Subject to Section 8.3(b) below, ---------------------------- Lessee covenants and agrees that the Leased Property and Lessee's Personal Property shall not be used for any unlawful purpose, and that Lessee shall not permit or suffer to exist any unlawful use of the Leased Property by others. Lessee shall acquire and maintain all appropriate licenses, certificatescertifications, permits, provider agreements permits and other authorizations and approvals needed to operate the Leased Property in its customary manner for the Primary Intended Use, and any other lawful use conducted on the Leased Property as may be permitted from time to time hereunder including, but not limited to, the sale and service of alcoholic beverages (provided that Lessor shall cooperate at Lessee's sole cost and expense, in obtaining liquor licenses to the extent necessary). Lessee further covenants and agrees to perform all maintenance and alterations necessary to operate that Lessee's use of the Leased premises in accordance Property and maintenance, alteration, and operation of the same, and all parts thereof, shall at all times conform to and comply with all Legal Requirements Requirements, unless the same are finally determined by a court of competent jurisdiction to be unlawful (and Insurance Lessee shall cause all such sub-tenants, invitees or others to so comply with all Legal Requirements). Lessee, Lessee may, however, upon prior written notice to Lessor, contest the legality or applicability of any such law, ordinance, rule or regulation, Legal Requirement or any licensure or certification decision if Lessee maintains such action in good faith, with due diligence, without prejudice to Lessee’s Lessor's rights hereunder, hereunder and at Lessee’s 's sole cost and expense. If by the terms of any such law, ordinance, rule or regulation, compliance therewith with a Legal Requirement pending the prosecution of any such proceeding may legally be delayed without the occurrence incurrence of any finelien, charge or liability of any kind against the Leased Property or Lessee’s leasehold interest therein Facility and without subjecting Lessee or Lessor to any liability, civil or criminal, liability for failure to so to comply therewith, Lessee may delay compliance therewith until the final determination of such proceeding. If any lien, charge or civil or criminal liability would be incurred by reason of any such delay, Lessee, on the prior written consent of LessorLessor (which consent shall not be unreasonably withheld) and the Holder of any Mortgage, may nonetheless contest as aforesaid and delay as aforesaid aforesaid, provided that such contest or delay would not subject Lessor to criminal liability and Lessee both (a) furnishes to Lessor security reasonably satisfactory to Lessor (in its sole and absolute discretion) against any loss or injury by reason of such contest or delay, and (b) prosecutes the contest with due diligence and in good faith.
Appears in 1 contract
Samples: Lease Agreement (American General Hospitality Corp)
Legal Requirements Covenants. Lessee covenants and agrees that the Leased Property and Lessee's Personal Property shall not be used for any unlawful purpose, and that Lessee shall not permit or suffer to exist any unlawful use of the Leased Property by others. Lessee shall acquire and maintain all appropriate licenses, certificatescertifications, permits, provider agreements permits and other authorizations and approvals needed to operate the Leased Property in its customary manner for the Primary Intended Use, and any other lawful use conducted on the Leased Property as may be permitted from time to time hereunder. Lessee further covenants and agrees to perform all maintenance and alterations necessary to operate that Lessee's use of the Leased premises in accordance Property and maintenance, alteration, and operation of the same, and all parts thereof, shall at all times conform to all Legal Requirements, unless the same are finally deten- nined by a court of competentjurisdiction to be unlawful (and Lessee shall cause all such sub-tenants, invitees or others to so comply with all Legal Requirements and Insurance Requirements). Lessee, Lessee may, however, upon prior written notice Notice to Lessor, and subject to the provisions of Article XI[I, contest the legality or applicability of any such law, ordinance, rule or regulation, Legal Requirement or any licensure or certification decision if Lessee maintains such action in good faith, with due diligence, without prejudice to Lessee’s Lessor's rights hereunder, and at Lessee’s 's sole cost and expense. If by the terms of any such law, ordinance, rule or regulation, Legal Requirement compliance therewith pending the prosecution of any such proceeding may legally be delayed without the occurrence incurrence of any finelien, charge or liability of any kind against the Leased Property Facility or Lessee’s 's leasehold interest therein and without subjecting Lessee or Lessor to any liability, civil or criminal, for failure so to comply therewith, Lessee may delay compliance therewith until the final determination of such proceeding. If any lien, charge or civil or criminal liability would be incurred by reason of any such delay, Lessee, on the prior written consent of Lessor, which consent shall not be unreasonably withheld, may nonetheless contest as aforesaid and delay as aforesaid provided that such delay would not subject Lessor to criminal liability and Lessee both (a) furnishes fumishes to Lessor security reasonably satisfactory to Lessor (in its sole and absolute discretion) against any loss or injury to Lessor by reason of such contest or delay, delay and (b) prosecutes the contest with due diligence and in good faith.
Appears in 1 contract
Samples: Percentage Lease Agreement (South Seas Properties Co LTD Partnership)
Legal Requirements Covenants. Subject to Section 8.3(b) below, Lessee covenants and agrees that the Leased Property and Lessee's Personal Property shall not be used for any unlawful purpose, and that Lessee shall not permit or suffer to exist any unlawful use of the Leased Property by others. Lessee shall acquire and maintain all appropriate licenses, certificatescertifications, permits, provider agreements permits and other authorizations and approvals needed to operate the Leased Property in its customary manner for the Primary Intended Use, and any other lawful use conducted on the Leased Property as may be permitted from time to time hereunder including, but not limited to, the sale and service of alcoholic beverages (provided that Lessor shall cooperate at Lessee's sole cost and expense, in obtaining liquor licenses to the extent necessary). Lessee further covenants and agrees to perform all maintenance and alterations necessary to operate that Lessee's use of the Leased premises in accordance Property and maintenance, alteration, and operation of the same, and all parts thereof, shall at all times conform to and comply with all Legal Requirements Requirements, unless the same are finally determined by a court of competent jurisdiction to be unlawful (and Insurance Lessee shall cause all such subtenants, invitees or others to so comply with all Legal Requirements). Lessee, Lessee may, however, upon prior written notice to Lessor, contest the legality or applicability of any such law, ordinance, rule or regulation, Legal Requirement or any licensure or certification decision if Lessee maintains such action in good faith, with due diligence, without prejudice to Lessee’s Lessor's rights hereunder, hereunder and at Lessee’s 's sole cost and expense. If by the terms of any such law, ordinance, rule or regulation, compliance therewith with a Legal Requirement pending the prosecution of any such proceeding may legally be delayed without the occurrence incurrence of any finelien, charge or liability of any kind against the Leased Property or Lessee’s leasehold interest therein Facility and without subjecting Lessee or Lessor to any liability, civil or criminal, liability for failure to so to comply therewith, Lessee may delay compliance therewith until the final determination of such proceeding. If any lien, charge or civil or criminal liability would be incurred by reason of any such delay, Lessee, on the prior written consent of LessorLessor (which consent shall not be unreasonably withheld) and the Holder of any Mortgage, may nonetheless contest as aforesaid and delay as aforesaid aforesaid, provided that such contest or delay would not subject Lessor to criminal liability and Lessee both (a) furnishes to Lessor security reasonably satisfactory to Lessor (in its sole and absolute discretion) against any loss or injury by reason of such contest or delay, and (b) prosecutes the contest with due diligence and in good faith.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Prime Hospitality Corp)
Legal Requirements Covenants. Lessee covenants and agrees that the Leased Property and Lessee's Personal Property shall not be used for any unlawful purpose, and that Lessee shall not permit or suffer to exist any unlawful use of the Leased Property by others. Lessee shall acquire and maintain all appropriate licenses, certificatescertifications, permits, provider agreements Permits and other authorizations and approvals needed to operate the Leased Property in its customary manner for the Primary Intended Use, and any other lawful use conducted on the Leased Property as may be permitted from time to time hereunder. Lessee further covenants and agrees to perform all maintenance and alterations necessary to operate that Lessee's use of the Leased premises in accordance Property and maintenance, alteration, and operation of the same, and all parts thereof, shall at all times conform to all Legal Requirements, unless the same are finally determined by a court of competent jurisdiction to be unlawful (and Lessee shall cause all such subtenants, invitees or others to so comply with all Legal Requirements and Insurance Requirements). Lessee, Lessee may, however, upon prior written notice Notice to Lessor, and subject to the provisions of Article XII, contest the legality or applicability of any such law, ordinance, rule or regulation, Legal Requirement or any licensure or certification decision if Lessee maintains such action in good faith, with due diligence, without prejudice to Lessee’s Lessor's rights hereunder, and at Lessee’s 's sole cost and expense. If by the terms of any such law, ordinance, rule or regulation, Legal Requirement compliance therewith pending the prosecution of any such proceeding may legally be delayed without the occurrence incurrence of any finelien, charge or liability of any kind against the Leased Property Facility or Lessee’s 's leasehold interest therein and without subjecting Lessee or Lessor to any liability, civil or criminal, for failure so to comply therewith, Lessee may delay compliance therewith until the final determination of such proceeding. If any lien, charge or civil or criminal liability would be incurred by reason of any such delay, Lessee, on the prior written consent of Lessor, which consent shall not be unreasonably withheld, may nonetheless contest as aforesaid and delay as aforesaid provided that such delay would not subject Lessor to criminal liability and Lessee both (a) furnishes to Lessor security reasonably satisfactory to Lessor (in its sole and absolute discretion) against any loss or injury to Lessor by reason of such contest or delay, delay and (b) prosecutes the contest with due diligence and in good faith.
Appears in 1 contract