Common use of Maintenance and Operation of the Project Facilities Clause in Contracts

Maintenance and Operation of the Project Facilities. During the term of this Agreement, the Company covenants and agrees that at its own cost and expense it will: (a) keep and maintain the Project Facilities and all additions and improvements thereto, or cause the same to be kept and maintained, in good repair and condition, excepting reasonable wear and tear; (b) pay, or cause to be paid, any and all operating costs and other costs and expenses arising out of use and occupancy of the Project Facilities; and (c) timely pay for any improvements to the Project Facilities lawfully done or lawfully ordered to be done by any municipal, state or federal authority and to comply in all material respects with all lawful and enforceable notices received (whether by the Authority or the Company) from public authorities from and after the date hereof that affect the Project Facilities and the use and operation thereof, other than those improvements, orders and notices the amount, validity or application of which is at the time being contested, in whole or in part, in good faith and by appropriate proceedings promptly initiated and diligently conducted.

Appears in 3 contracts

Samples: Loan Agreement (Gateway Trade Center Inc.), Loan Agreement (Gateway Trade Center Inc.), Loan Agreement (Gateway Trade Center Inc.)

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Maintenance and Operation of the Project Facilities. (a) During the term of this Agreement, the Company covenants and agrees that will at its own cost and expense it will: (a) keep and maintain maintain, or cause to be kept and maintained, in good repair and condition (excepting reasonable wear and tear) the Project Facilities and all additions and improvements thereto, or cause the same to be kept and maintained, in good repair and condition, excepting reasonable wear and tear; (b) pay, or cause to be paid, any and all operating costs utility charges and other costs and expenses arising out of its use and or occupancy of the Project Facilities; and and (cb) the Company agrees to timely pay for any improvements to the Project Facilities lawfully done or lawfully ordered to be done by any municipal, state or federal authority and to comply in all material respects at its own cost and expense with all lawful and enforceable notices received (whether by the Authority or the Company) from public authorities from and after the date hereof that affect the Project Facilities and the use and operation thereof, other than those improvements, orders and notices notices, the amount, validity or application of which is at the time being contested, in whole or in part, in good faith and by appropriate proceedings promptly initiated and diligently conducted.

Appears in 2 contracts

Samples: Loan Agreement (Nutrition Management Services Co/Pa), Loan Agreement (Nutrition Management Services Co/Pa)

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Maintenance and Operation of the Project Facilities. (a) During the term of this Agreement, the Company covenants and agrees that will at its own cost and expense it will: (a) keep and maintain maintain, or cause to be kept and maintained, in good repair and condition (excepting reasonable wear and tear) the Project Facilities and all additions and improvements thereto, or cause the same to be kept and maintained, in good repair and condition, excepting reasonable wear and tear; (b) pay, or cause to be paid, any and all operating costs utility charges and other costs and expenses arising out of its use and or occupancy of the Project Facilities; and. (cb) The Company agrees to timely pay for any improvements to the Project Facilities lawfully done or lawfully ordered to be done by any municipal, state or federal authority and to comply in all material respects at its own cost and expense with all lawful and enforceable notices received (whether by the Authority or the Company) from public authorities from and after the date hereof that affect the Project Facilities and the use and operation thereof, other than those improvements, orders and notices notices, the amount, validity or application of which is at the time being contested, in whole or in part, in good faith and by appropriate proceedings promptly initiated and diligently conducted.

Appears in 1 contract

Samples: Loan Agreement (Vermont Pure Holdings LTD)

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