Common use of Maintenance and Repair; Alterations Clause in Contracts

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. Mortgagor will5.1. Maintenance and Repair Tenant acknowledges that it has received the Premises in good condition, repair and appearance. Tenant agrees that, at all timesits expense, 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 it will keep and maintain the groundsPremises, sidewalksincluding any altered, roadsrebuilt, parking additional or substituted buildings, structures and landscaped areas other improvements thereto, in good order condition and repair. Mortgagor It will promptly repairmake promptly, restoreall structural and nonstructural, replace foreseen and unforeseen, ordinary and extraordinary changes and repairs or replacements of every kind which may be required to be made to keep and maintain the Premises in such good condition, repair and appearance and it will keep the Premises orderly and free and clear of rubbish. Tenant covenants not to install any underground storage tanks on the Premises. Tenant agrees that its obligation to maintain and repair the Premises as set forth in this Section 5.1 benefit both Landlord and Tenant, are the sole responsibility of Tenant, and may not be delegated. Tenant further covenants to perform or observe all terms, covenants or conditions of any reciprocal easement or maintenance agreement to which it may at any time be a party or to which the Premises are currently subject. Tenant shall, at its expense, use its best efforts to enforce compliance with any reciprocal easement or maintenance agreement benefiting the Premises by any other person subject to such agreement. Landlord shall not be required to maintain, repair or rebuild, or to substantially its former condition, make 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 Alterations of any street or roadway. Mortgagor will not permit or allow any demolition, removal or material alteration of nature to the Mortgaged PropertyPremises, or any part thereof, without whether ordinary or extraordinary, structural or nonstructural, foreseen or not foreseen, or to maintain the prior written consent Premises or any part thereof in any way. Tenant hereby expressly waives the right to make repairs at the expense of MortgageeLandlord which may be provided for in any law in effect at the time of the commencement of the term of this Lease or which may thereafter be enacted. Mortgagor willIf Tenant shall abandon the Premises, from time it shall give Landlord and Lender immediate notice thereof. The obligations of the Tenant to timepay Basic Rent and Additional Rent shall not be eliminated, make all needed reduced, suspended, or otherwise impaired by reason of such abandonment of the Premises. In the event that the Premises shall violate any law and proper repairs, betterments, renewals, replacements and improvements as a result of such violation an enforcement action is threatened or commenced against Tenant or with respect to the Mortgaged PropertyPremises, including then Tenant shall either (but not limited toi) whenever any portion obtain valid and effective waivers or item settlements of all claims, liabilities and damages resulting from each such violation, whether the Mortgaged Property same shall affect Landlord, Tenant or both, or (ii) take such action as shall be worn out necessary to remove such violation, including, if necessary, making any necessary repairs or damaged replacements, structural 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 Mortgageotherwise.