Maintenance and Repair; Alterations. (a) Mortgagor shall (1) abstain from and not permit the commission of waste in or about the Mortgaged Premises; (2) keep the Mortgaged Premises, at Mortgagor’s own cost and expense, in good and substantial repair, working order and condition, normal wear and tear excepted; (3) make or cause to be made, as and when necessary, all repairs and replacements, whether or not insurance proceeds are available therefor; and (4) not remove, demolish, materially alter, discontinue the use of, permit to become vacant or deserted, or otherwise dispose of all or any part of the Mortgaged Premises. All alterations, replacements, renewals or additions made pursuant to this Section shall automatically become a part of the Mortgaged Premises and shall be covered by the lien of this Mortgage.
(b) Mortgagee, and any persons authorized by Mortgagee, shall have the right, but not the obligation, to enter upon the Mortgaged Premises at all reasonable times and upon prior notice to Mortgagor, to inspect and photograph its condition and state of repair. In the event any such inspection reveals, in the reasonable discretion of Mortgagee, the necessity for any repair, alteration, replacement, clean-up or maintenance, Mortgagor shall, at the discretion of Mortgagee, either: (1) cause such work to be effected within a reasonable period of time; or (2) promptly establish an interest bearing reserve fund with Mortgagee in an amount determined by Mortgagee to be used to pay for any such work to be completed upon the Mortgaged Premises.
Maintenance and Repair; Alterations. (a) Notwithstanding anything to the contrary in Article 8 of the Lease:
(i) Except in the case of an emergency, Landlord shall commence any repairs which Landlord is required to make pursuant to Sections 8.2 or 8.3 of the Lease within ten (10) business days after Xxxxxxxx's receipt of written notice of the need therefor. In the case of an emergency, Landlord shall make all repairs required to be made by Landlord as promptly as practicable after receipt of oral notice of the need therefor. As used herein, an emergency shall be a condition or state of facts posing a threat of imminent injury to or death of persons or damage to property. Once commenced, all repairs required to be performed by Landlord shall be diligently prosecuted to completion.
(ii) If Tenant provides written notice to Landlord of an event or circumstance which requires the action of Landlord with respect to repair and/or maintenance which is required to be made by Landlord pursuant to either of such Sections 8.2 or 8.3 and which materially and adversely affects Tenant's use of the Premises, and Landlord fails to provide such action within the time period provided in clause (i) above, or to diligently prosecute the same to completion after commencement thereof, then Tenant may proceed to take the required action following delivery of an additional three (3) business days' written notice to Landlord specifying that Tenant will take such required action if not undertaken by Landlord, and if such action was required under the terms of the Lease to be taken by Landlord, then Tenant shall be entitled to reimbursement by Landlord of Tenant's reasonable costs and expenses in taking such action within thirty (30) days after Xxxxxxxx's receipt of an invoice from Tenant of its costs of taking action which Xxxxxx claims should have been taken by Landlord. Such invoice shall set forth a reasonably particularized breakdown of all such costs and expenses in connection with taking such action on behalf of Landlord. If Landlord fails to pay any such reasonable costs and expenses within such thirty (30) days period, Tenant shall not be entitled to deduct such costs and expenses from rent payable under this Lease, but rather, as Tenant's sole remedy, Tenant may proceed to claim a default by Landlord.
(iii) Any work undertaken by Tenant pursuant to clause (ii) above shall be subject to the following:
(A) Such work shall not extend to any structural portion of any Building, or to any main utility line(s) locat...
Maintenance and Repair; Alterations. Mortgagor will, at all times, preserve and keep the Mortgaged Property and every part and item thereof in good working order and condition and will not permit or suffer any waste thereof, and will keep and maintain the grounds, sidewalks, roads, parking and landscaped areas in good order and repair. Mortgagor will promptly repair, restore, replace or rebuild, to substantially its former condition, any part of the Mortgaged Property which may be damaged or destroyed by any casualty or cause whatsoever or which may be affected by condemnation or alteration of the grade of any street or roadway. Mortgagor will not permit or allow any demolition, removal or material alteration of the Mortgaged Property, or any part thereof, without the prior written consent of Mortgagee. Mortgagor will, from time to time, make all needed and proper repairs, betterments, renewals, replacements and improvements to the Mortgaged Property, including (but not limited to) whenever any portion or item of the Mortgaged Property shall be worn out or damaged or destroyed or shall have become obsolete, inefficient or otherwise unfit for use; excepting, however, any items of a minor nature which Mortgagor determines, in good faith, are not required for the operation of the Mortgaged Property. Any such property which shall be replaced shall be replaced with other property of at least equal utility, value and efficiency to that of the replaced property and shall be free from any security interest or other lien or encumbrance and from any reservation of title, and by such replacement Mortgagor shall be deemed to have subjected such property to the lien of this Mortgage.
Maintenance and Repair; Alterations. (a) Borrower shall (i) abstain from and not permit the commission of waste in or about the Property; (ii) keep the Property in good and substantial repair, working order and condition; (iii) make or cause to be made, as and when necessary, all repairs and replacements, whether or not insurance proceeds are available therefor; and (iv) not remove, demolish, materially alter, discontinue the use of, permit to become vacant or deserted, or otherwise dispose of all or any part of the Property. All alterations, replacements, accessions and additions made to or of the Property shall automatically become a part of the Property and be covered by the lien of this Mortgage.
(b) Lender, and any persons authorized by Lender, shall have the right, but not the obligation, to enter upon the Property at any reasonable time to inspect and photograph its condition and state of repair. In the event any such inspection reveals, in the sole discretion of Lender, the necessity for any repair, alteration, replacement, clean-up or maintenance, Borrower shall, at the discretion of Lender, either: (i) cause such work to be effected immediately; or (ii) promptly establish a reserve fund with Lender in an amount determined by Lender for the purpose of effecting such work.
Maintenance and Repair; Alterations. Renter shall: (a) keep the Premises in a clean and sanitary condition; (b) dispose of all garbage and waste in a clean and sanitary manner; (c) properly use and operate all electrical, gas and plumbing fixtures; (d) not permit any person in or about the Premises with Renter’s consent, to deface, damage or remove any part of the structure in which the Premises are located nor the appurtenances thereto or thereon, nor him/herself do any such thing; (e) not tamper with nor remove any smoke detector nor fire alarm equipment, and advise Owner immediately of any equipment malfunction. Renter shall be liable for any damages caused by Renter’s failure to comply with these conditions. Renter shall not alter the Premises, nor paint, nor wallpaper any portion thereof, nor repair any damage thereto, except through licensed, insured professionals approved in advance by Owner in writing before or after an Initial Inspection on termination per Civil Code Section 1950.5. Renter shall not install or use any dishwasher, clothes washer, clothes dryer or air conditioner in or about the Premises except those which may be supplied by Owner.
Maintenance and Repair; Alterations. SECTION 4 is hereby added as follows: Landlord shall, throughout the Term, at its sole cost and expense, be responsible for placing and keeping the Building and all Building systems (including, but not limited to fire, safety, security, elevators, restrooms, etc.) in compliance with all governmental regulations, codes, rules, or laws, including the Americans with Disabilities Act.
Maintenance and Repair; Alterations. Renter shall: (a) keep the Premises in a clean and sanitary condition;
Maintenance and Repair; Alterations. (a) Licensee’s and City’s Maintenance Obligations.
(i) Licensee hereby acknowledges and represents that Licensee has inspected the Premises and agrees to enter and use the Premises in its present condition. In that condition, Licensee agrees, at Licensee’s sole cost, with prior approval from the City, and expense and without right of reimbursement from the City, to make such repairs and improvements to the Premises as may be necessary for Licensee’s use, and to maintain the Premises in good and sanitary order and repair. All landscaping and other improvements existing on the Premises must be protected, and if damaged during the Term(s) of License, be suitably repaired or replaced by Licensee as determined by the City. Upon the expiration or termination of this Agreement, Licensee agrees to surrender the premises in good and sanitary order, condition and repair; permitted or approved alterations, improvements, additions, and reasonable wear and tear excepted.
(ii) Notwithstanding anything provided herein to the contrary, City is not obligated to perform any repairs or maintenance to the Premises, all such repairs and maintenance shall be performed by Licensee at its sole expense. The City will continue to provide irrigation to existing landscaping throughout the Term(s) of License.
Maintenance and Repair; Alterations. Renter shall: (a) keep the Premises in a clean and sanitary condition; (b) dispose of all garbage and waste in a clean and sanitary manner; (c) properly clean up all trash, Animal waste, spills and any other liquids in common areas (d) properly use and operate all electrical, gas and plumbing fixtures; (e) not permit any person in or about the Premises with Renter's consent, to deface, damage or remove any part of the structure in which the Premises are located nor the appurtenances thereto or thereon, nor him/herself do any such thing; (f) not tamper with nor remove any smoke detector nor fire alarm equipment, and advise Owner immediately of any equipment malfunction. Renter shall be liable for any damages caused by Renter's failure to comply with these conditions. Renter must promptly notify the Owner of any repairs that are required on the premises. If the failure to notify the Owner in a reasonable time period results in added costs to the Owner, the Renter will be responsible for these additional costs. Renter shall not alter the Premises, nor paint, nor wallpaper any portion thereof, nor repair any damage thereto, except through licensed, insured professionals approved in advance by Owner in writing before or after an Initial Inspection on termination per Civil Code Section 1950.5. Renter shall not install or use any dishwasher, clothes washer, clothes dryer, in or about the Premises except those which may be supplied by Owner. Owner is not liable at any time for temporary loss of services and amenities, which includes, but is not limited to, the electricity, natural gas, elevators, swimming pool, barbeque, front call box system, washers, and/or dryers. A temporary loss is defined as up to 60 days.
Maintenance and Repair; Alterations the Lease is hereby deleted in its entirety and replaced as follows: “As specifically set forth in the Declaration, the Premises shall be operated, maintained and repaired during the Lease Term in good repair, working order and condition. The Premises shall be used in accordance with the laws and ordinances of the United States of America, the State of Indiana and all other proper governmental authorities, including, without limitation, Title 13 of the Indiana Code, the Americans with Disabilities Act, and all applicable landlord-tenant laws and regulations applicable to consumer and residential leases. The Developer shall not make any structural alterations, additions or improvements in and to the Premises, without Lessor's advance written consent which Lessor shall not unreasonably, withhold, condition or delay, but may be subject to such further agreements and controls which Lessor may reasonably deem to be proper for the protection of Lessor's interest in the Premises.”
