Common use of Maintenance and Repair; Compliance With Law Clause in Contracts

Maintenance and Repair; Compliance With Law. Lessee, at its own expense, shall at all times (i) maintain the Leased Property in good repair and condition (subject to ordinary wear and tear), in accordance with prudent industry standards and, in any event, in no less a manner as other similar automobile auction facilities owned or leased by ADESA, Lessee or ADESA's other subsidiaries, (ii) make all alterations in accordance with, and maintain (whether or not such maintenance requires structural modifications or alterations) and operate and otherwise keep the Leased Property in compliance with, all applicable laws and (iii) make all material repairs, replacements and renewals of the Leased Property or any part thereof which may be required to keep the Leased Property in the condition required by the preceding clauses (i) and (ii). Lessee shall perform the foregoing maintenance obligations regardless of whether the Leased Property is occupied or unoccupied. Lessee waives any right that it may now have or hereafter acquire to (i) require Lessor to maintain, repair, replace, alter, remove or rebuild all or any part of the Leased Property or (ii) make repairs at the expense of Lessor pursuant to any applicable law or other agreements or otherwise. Lessor shall not be liable to Lessee or to any contractors, subcontractors, laborers, materialmen, suppliers or vendors for services performed or material provided on or in connection with the Leased Property or any part thereof. Lessor shall not be required to maintain, alter, repair, rebuild or replace the Leased Property in any way.

Appears in 3 contracts

Samples: Lease and Development Agreement (Minnesota Power & Light Co), Lease and Development Agreement (Minnesota Power & Light Co), Lease and Development Agreement (Minnesota Power & Light Co)

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Maintenance and Repair; Compliance With Law. Lessee, at its own expense, shall at all times after each Parcel Closing Date with respect to each Parcel (i) maintain the Leased Property in good repair and condition (subject to ordinary wear and tear), in accordance with prudent industry standards and, in any event, in no less a manner as other similar automobile auction facilities owned or leased by ADESA, Lessee or ADESA's other subsidiariesLessee, (ii) make all alterations Alterations in accordance with, and maintain (whether or not such maintenance requires structural modifications or alterationsAlterations) and operate and otherwise keep the Leased Property in compliance with, all applicable laws Applicable Laws and (iii) make all material repairs, replacements and renewals of the Leased Property or any part thereof which may be required to keep the Leased Property in the condition required by the preceding clauses (i) and (ii). Lessee shall perform the foregoing maintenance obligations regardless of whether the Leased Property is occupied or unoccupied. Lessee waives any right that it may now have or hereafter acquire to (i) require Lessor to maintain, repair, replace, alter, remove or rebuild all or any part of the Leased Property or (ii) make repairs at the expense of Lessor pursuant to any applicable law Applicable Law or other agreements or otherwise. Lessor shall not be liable to Lessee or to any contractors, subcontractors, laborers, materialmen, suppliers or vendors for services performed or material provided on or in connection with the Leased Property or any part thereof. Lessor shall not be required to maintain, alter, repair, rebuild or replace the Leased Property in any way.

Appears in 1 contract

Samples: Master Lease and Development Agreement (Eagle Usa Airfreight Inc)

Maintenance and Repair; Compliance With Law. The Lessee, at its own expense, shall at all times during the Lease Term (i) maintain the Leased Property in good repair and condition (subject to ordinary wear and tear), ) and in accordance with prudent industry standards and, in any event, in no less a manner as other similar automobile auction facilities owned or leased by ADESA, Lessee or ADESA's other subsidiariesand all Insurance Requirements, (ii) make all alterations repairs in accordance with, and maintain (whether or not such repairs or maintenance requires structural modifications or alterationsAlterations) and operate and otherwise keep the Leased Property in compliance with, all applicable laws Applicable Law (including, without limitation, Environmental Laws) and (iii) make all material structural and nonstructural and ordinary and extraordinary (whether foreseen or unforeseen) repairs, replacements and renewals of the Leased Property or any part thereof which may be required to keep the Leased Property in the condition required by the preceding clauses (i) and (ii). Lessee shall perform , including without limitation, (x) repairs, replacements and renewals that would constitute capital expenditures under GAAP if incurred by an owner of property, and (y) procuring, maintaining and complying with all licenses, permits, orders, approvals, consents and other authorizations required for the foregoing use, occupancy, maintenance obligations regardless and operation of whether the Leased Property is occupied or unoccupiedProperty. The Lessee waives any right that it may now have or hereafter acquire to (ia) require the Lessor to maintain, repair, replace, alter, remove or rebuild all or any part of the Leased Property or (iib) make repairs at the expense of the Lessor pursuant to any applicable law Applicable Law or other agreements or otherwise. The Lessor shall not be liable to the Lessee or to any contractors, subcontractors, laborers, materialmen, suppliers or vendors for services performed or material provided on or in connection with the Leased Property or any part thereof. The Lessor shall not be required to maintain, alter, repair, rebuild or replace the Leased Property in any way.

Appears in 1 contract

Samples: Lease Agreement (Terremark Worldwide Inc)

Maintenance and Repair; Compliance With Law. Lessee, at its own expense, shall at all times after each Parcel Closing Date with respect to each Parcel (i) maintain the Leased Property in good repair and condition (subject to ordinary wear and tear), in accordance with prudent industry standards and, in any event, in no less a manner as other similar automobile auction facilities owned or leased by ADESA, Lessee or ADESA's other subsidiariesLessee, (ii) make all alterations Alterations in accordance with, and maintain (whether or not such maintenance requires structural modifications or alterationsAlterations) and operate and otherwise keep the Leased Property in material compliance with, all applicable laws Applicable Laws and (iii) make all material repairs, replacements and renewals of the Leased Property or any part thereof which may be required to keep the Leased Property in the condition required by the preceding clauses (i) and (ii). Lessee shall perform the foregoing maintenance obligations regardless of whether the Leased Property is occupied or unoccupied. Lessee waives any right that it may now have or hereafter acquire to (i) require Lessor to maintain, repair, replace, alter, remove or rebuild all or any part of the Leased Property or (ii) make repairs at the expense of Lessor pursuant to any applicable law Applicable Law or other agreements or otherwise. Lessor shall not be liable to Lessee or to any contractors, subcontractors, laborers, materialmen, suppliers or vendors for services performed or material provided on or in connection with the Leased Property or any part thereof. Lessor shall not be required to maintain, alter, repair, rebuild or replace the Leased Property in any way.

Appears in 1 contract

Samples: Master Lease and Development Agreement (Atria Communities Inc)

Maintenance and Repair; Compliance With Law. Lessee, at its own expense, shall at all times during the Lease Term (i) maintain the Leased Property in good repair and condition (subject to ordinary wear and tear), in accordance with prudent industry standards and, in any event, in no less a manner as other similar automobile auction facilities owned or leased by ADESA, Lessee or ADESA's other subsidiariesLessee, (ii) make all alterations Alterations in accordance with, and maintain (whether or not such maintenance requires structural modifications or alterationsAlterations) and operate and otherwise keep the Leased Property in compliance with, all applicable laws Applicable Laws and (iii) make all material repairs, replacements and renewals of the Leased Property or any part thereof which may be required to keep the Leased Property in the condition required by the preceding clauses (i) and (ii). Lessee shall perform the foregoing maintenance obligations regardless of whether the Leased Property is occupied or unoccupied. Lessee waives any right that it may now have or hereafter acquire to (i) require Lessor to maintain, repair, replace, alter, remove or rebuild all or any part of the Leased Property or (ii) make repairs at the expense of Lessor pursuant to any applicable law Applicable Law or other agreements or otherwise. Lessor shall not be liable to Lessee or to any contractors, subcontractors, laborers, materialmen, suppliers or vendors for services performed or material provided on or in connection with the Leased Property or any part thereof. Lessor shall not be required to maintain, alter, repair, rebuild or replace the Leased Property in any way.

Appears in 1 contract

Samples: Lease and Development Agreement (Eagle Usa Airfreight Inc)

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Maintenance and Repair; Compliance With Law. Lessee, at its own expense, shall at all times during the Lease Term (i) maintain the Leased Property in good repair and condition (subject to ordinary wear and tear), in accordance with prudent industry standards and, in any event, in no less a manner as other similar automobile auction facilities owned or leased by ADESA, Lessee or ADESA's other subsidiariesin the United States, (ii) make all alterations Alterations in accordance with, and maintain (whether or not such maintenance requires structural modifications or alterationsAlterations) and operate and otherwise keep the Leased Property in compliance with, all applicable laws Applicable Laws and (iii) make all material repairs, replacements and renewals of the Leased Property or any part thereof which may be required to keep the Leased Property in the condition required by the preceding clauses (i) and (ii). Lessee shall perform the foregoing maintenance obligations regardless of whether the Leased Property is occupied or unoccupied. Lessee waives any right that it may now have or hereafter acquire to (i) require Lessor to maintain, repair, replace, alter, remove or rebuild all or any part of the Leased Property or (ii) make repairs at the expense of Lessor pursuant to any applicable law Applicable Law or other agreements or otherwise. Lessor shall not be liable to Lessee or to any contractors, subcontractors, laborers, materialmen, suppliers or vendors for services performed or material provided on or in connection with the Leased Property or any part thereof. Lessor shall not be required to maintain, alter, repair, rebuild or replace the Leased Property in any way.

Appears in 1 contract

Samples: Lease Agreement (STB Systems Inc)

Maintenance and Repair; Compliance With Law. The Lessee, at its own expense, shall at all times during the Lease Term (i) maintain the Leased Property in good repair and condition (subject to ordinary wear and tear), in accordance with prudent industry standards and, in any event, in no less a manner as other similar automobile auction facilities owned or leased by ADESA, the Lessee or ADESA's other subsidiaries, (ii) make all alterations Alterations in accordance with, and maintain (whether or not such maintenance requires structural modifications or alterationsAlterations) and operate and otherwise keep the Leased Property in compliance with, all applicable laws Applicable Laws and (iii) make all material repairs, replacements and renewals of the Leased Property or any part thereof which may be required to keep the Leased Property in the condition required by the preceding clauses CLAUSES (i) and (ii). The Lessee shall perform the foregoing maintenance obligations regardless of whether the Leased Property is occupied or unoccupied. The Lessee waives any right that it may now have or hereafter acquire to (i) require the Lessor to maintain, repair, replace, alter, remove or rebuild all or any part of the Leased Property or (ii) make repairs at the expense of the Lessor pursuant to any applicable law Applicable Law or other agreements or otherwise. The Lessor shall not be liable to the Lessee or to any contractors, subcontractors, laborers, materialmen, suppliers or vendors for services performed or material provided on or in connection with the Leased Property or any part thereof. The Lessor shall not be required to maintain, alter, repair, rebuild or replace the Leased Property in any way.

Appears in 1 contract

Samples: Lease Agreement (Minnesota Power Inc)

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