Maintenance and Modifications of Facility by Company. (a) The Company shall not abandon the Facility or cause or permit any waste to the Improvements. During the Lease Term, the Company shall not remove any material part of the Facility outside of the jurisdiction of the Agency and shall (i) keep the Facility or cause the Facility to be kept in as reasonably safe condition as its operations shall permit; (ii) make all necessary repairs and replacements to the Facility; and (iii) operate the Facility in a sound and economic manner.
(b) The Company from time to time may make any structural additions, modifications or improvements to the Facility or any part thereof, provided such actions do not adversely affect the structural integrity of the Facility. The Company may not make any changes to the footprint of the Facility, and any additions expanding the square footage of the Facility (including the addition of any stories whether above or below ground) or make any additions, modifications or improvements to the Facility which will materially and/or adversely affect the structural integrity or value of the Facility without the prior written consent of the Agency which consent shall not be unreasonably withheld or delayed. All such additions, modifications or improvements made by the Company after the date hereof shall become a part of the Facility and the Property of the Agency. The Company agrees to deliver to the Agency all documents which may be necessary or appropriate to convey to the Agency title to or an interest in such Property.
Maintenance and Modifications of Facility by Company. (a) The Company agrees that during the term of the Project Agreement it or its operator will (i) keep the Facility in as reasonably safe condition as its operations shall permit; (ii) make all necessary repairs and replacements to the Facility (whether ordinary or extraordinary, structural or nonstructural, foreseen or unforeseen); (iii) operate the Facility in a sound and prudent manner;
Maintenance and Modifications of Facility by Company. (a) The Company agrees that, during the Lease Term, it will (i) keep the Facility in a reasonably safe condition; (ii) make all necessary repairs and replacements to the Facility (whether ordinary or extraordinary, structural or nonstructural, foreseen or unforeseen); and (iii) indemnify and hold the Agency harmless from any liability or expenses (including reasonable attorneys' fees) from the failure by the Company to comply with (i) or (ii) above.
(b) So long as title to the Facility shall be held by the Agency, the Company may, with the prior written consent of the Agency, make structural additions, modifications or improvements to the Facility or any part thereof which it may deem desirable for its business purposes, provided such actions do not affect the structural integrity of the Facility and do not change the use of the Facility from that described in this Lease Agreement. The Agency's consent with respect to any structural addition or improvement may be subject to such reasonable conditions as the Agency may deem appropriate, including, without limitation, requirements (i) that the provisions of SEQRA be satisfied with respect to such addition or improvement, (ii) that the Agency be furnished with an agreement by the Company satisfactory to the Agency requiring the Company to make payments in lieu of taxes with respect to such addition or improvement, and (iii) that the Facility shall remain a "project" under the Act. All structural additions, modifications or improvements made by the Company shall be done in reasonable and workmanlike manner and shall become part of the Project Facility.
Maintenance and Modifications of Facility by Company. (a) The Company shall not abandon the Facility or cause or permit any waste to the Improvements. During the Lease Term, the Company shall not remove any part of the Facility outside of the jurisdiction of the Agency and shall (i) keep the Facility in as reasonably safe condition as its operations shall permit; (ii) make all necessary repairs and replacements to the Facility (whether ordinary or extraordinary, structural or nonstructural, foreseen or unforeseen); and (iii) operate the Facility in a sound and economic manner.
(b) With the written consent of the Agency, which shall not be unreasonably withheld, the Company from time to time may make any structural additions, modifications or improvements to the Facility or any part thereof, provided such actions do not adversely affect the structural integrity of the Facility. All such additions, modifications or improvements made by the Company shall become a part of the Facility and the Property of the Agency subject to the terms of this Lease Agreement. The Company agrees to deliver to the Agency all documents which may be necessary or appropriate to convey to the Agency title to such property.
Maintenance and Modifications of Facility by Company. (a) The Company agrees that during the term of this Lease Agreement it will (i) keep the Facility in as reasonably safe condition as its operations shall permit; (ii) make all necessary repairs and replacements to the Facility (whether ordinary or extraordinary, structural or nonstructural, foreseen or unforeseen); (iii) operate the Facility in a sound and prudent manner; and (iv) indemnify and hold the Agency harmless from any liability or expenses from the failure by the Company to comply with (i), (ii) or (iii) above.
(b) The Company at its own expense, from time to time may make any structural addition, modifications or improvements to the Facility or any addition, modifications or improvements to the Facility or any part thereof which it may deem desirable for its business purposes and uses that do not adversely affect the structural integrity or impair the operating efficiency of the Facility or substantially change the nature of the Facility. All such structural additions, modifications or improvements so made by the Company shall become a part of the Facility. The Company agrees to deliver to the Agency all documents which may be necessary or appropriate to convey to the Agency title to or other satisfactory interest in, such property.
Maintenance and Modifications of Facility by Company. (a) The Company shall not abandon the Facility or cause or permit any waste to the Improvements. During the Lease Term, the Company shall not remove any material part of the Facility outside of the jurisdiction of the Agency and shall (i) keep the Facility or cause the Facility to be kept in as reasonably safe condition as its operations shall permit;
Maintenance and Modifications of Facility by Company. (a) The Company shall not abandon the Facility or cause or permit any waste to the Improvements. During the Lease Term, the Company shall not remove any part of the Facility outside of the jurisdiction of the Agency and shall (i) keep the Facility in as reasonably safe condition as its operations shall permit; (ii) make all necessary repairs and replacements to the Facility (whether ordinary or extraordinary, structural or nonstructural, foreseen or unforeseen); and (iii) operate the Facility in a sound and economic manner.
(b) The Company from time to time may make any structural additions, modifications or improvements to the Facility or any part thereof, provided such actions do not adversely affect the structural integrity of the Facility. All such additions, modifications or improvements made by the Company shall become a part of the Facility and the Property of the Agency, subject to Permitted Encumbrances. The Company agrees to deliver to the Agency all documents which may be necessary or appropriate to convey to the Agency title to such Property, subject to Permitted Encumbrances.
