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 (a) maintain the Leased Assets in good and safe repair and condition, subject to ordinary wear and tear; provided, that the -------- condition of all Leased Assets shall be maintained in at least as good and safe repair and condition as similar systems and equipment that Lessee (or its Affiliates) owns or leases from others; (b) maintain, manage and monitor the Leased Assets in accordance with all Applicable Laws, whether or not such maintenance requires structural modifications, noncompliance with which (i) would have a material adverse effect on Lessee's right to use all or a material portion of the Leased Assets or Lessee's business or financial condition, (ii) would result in an injunction preventing or otherwise interfere with the disposition of any System in any material respect after the Lease Termination Date, (iii) would adversely affect the fair market value, utility, remaining economic useful life or residual value of any System comprising a portion of the Leased Assets, or (iv) would adversely affect Lessor's interest in any System comprising a portion of the Leased Assets; (c) comply with the standards imposed by any insurance policies required to be maintained hereunder which are in effect at any time with respect to the Leased Assets; (d) maintain, manage and monitor the Leased Assets in accordance with all applicable contracts, including service contracts and insurance contracts; (e) conduct all scheduled maintenance of the Leased Assets in conformity with maintenance and repair guidelines, if any, for similar property (including, without limitation, Lessee's maintenance program for such property); (f) cause each System subject to a Lease Supplement to continue to have at all times at least the capacity and functional ability to be used for, on a continuing basis (subject to normal interruption in the ordinary course of business for maintenance, inspection and repair) and in Commercial Operation, the purposes for which it was specifically designed; (g) make all necessary or appropriate repairs, replacements, substitutions and renewals of the Leased Assets or any part thereof which may be required to keep the Leased Assets in the condition required by the preceding clauses (a) through ----------- (f), in accordance with standard industry practice; and (h) procure, maintain --- and comply in all material respects with all material licenses, permits, orders, approvals, consents and other authorizations required for the construction, use, maintenance, Lease repair, restoration and operation of the Leased Assets. The foregoing obligations of Lessee shall apply whether the repairs, replacements, substitutions or renewals are made to the interior or exterior of a System, are structural or nonstructural, ordinary or extraordinary, are foreseen or unforeseen, and include, without limitation, repairs, replacements and renewals that would constitute capital expenditures under GAAP if incurred by an owner of property. Leased items of Equipment that have been substituted or replaced pursuant to this Section 7.1 shall become the property of Lessee, and title ----------- thereto shall automatically vest in Lessee upon such permitted substitution or replacement. Lessee waives any right that it may now have or hereafter acquire to (x) require Lessor to maintain, repair, replace, alter, remove or rebuild all or any part of the Leased Assets or (y) make repairs at the expense of Lessor pursuant to any Applicable Laws or other agreements.

Maintenance and Repair; Compliance With Law. Lessee, at its ------------------------------------------- own expense, shall at all times (a) maintain the Leased Assets Sites in good and safe repair and condition, subject to ordinary wear and tear; provided, that the -------- condition of all Leased Assets shall be maintained and in at least as good and safe repair and condition as similar systems (all whether involving interior or exterior, structural or nonstructural, ordinary or Lease Agreement extraordinary, and equipment that Lessee (foreseen or its Affiliates) owns or leases from othersunforeseen circumstances); (b) except to the extent Section 9.5 shall apply, maintain, manage and monitor the Leased Assets Sites in accordance with all Applicable LawsLaws and Regulations, whether or not such maintenance requires structural modifications, noncompliance with which (i) would have a material adverse effect on Lessee's right to use all or a material portion of the Leased Assets Sites or Lessee's business or financial condition, (ii) would result cause any of the results enumerated in an injunction preventing or otherwise interfere with the disposition of any System in any material respect after the Lease Termination DateSection 9.5 hereof, (iii) would materially adversely affect the fair market valueFair Market Sales Value, utility, remaining economic useful life or residual value of any System comprising a portion of the Leased AssetsSites, or (iv) would materially adversely affect Lessor's interest in any System comprising a portion of the Leased AssetsSites; (c) comply with the standards imposed by any insurance policies required to be maintained hereunder which are in effect at any time with respect to the Leased AssetsSites or any part thereof; (d) maintain, manage and monitor the Leased Assets Sites in accordance with all applicable contracts, including service contracts and insurance contracts; (e) conduct all scheduled maintenance of the Leased Assets in conformity with maintenance and repair guidelinesunder the same programs and subject to the same standards as Lessee or its Affiliates shall maintain and repair other healthcare facilities owned, if any, for similar property (including, without limitation, Lessee's maintenance program for such property)leased or operated by Lessee or its Affiliates; (f) cause each System subject to a Lease Supplement the Sites to continue to have at all times at least the capacity and functional ability to be used for, on a continuing basis (subject to normal interruption in the ordinary course of business for maintenance, inspection and repair) and in Commercial Operationcommercial operation, the purposes for which it was specifically designed; (g) make all necessary or maintain appropriate repairsand customary written environmental operations and maintenance plans (including, replacements, substitutions and renewals of where appropriate for asbestos-containing materials) for the Leased Assets or any part thereof which may be required to keep the Leased Assets in the condition required by the preceding clauses (a) through ----------- (f), in accordance with standard industry practiceSites; and (h) procure, maintain --- and comply in all material respects with all material licenses, permits, orders, approvals, consents and other authorizations required for the construction, use, maintenance, Lease repair, restoration maintenance and operation of the Leased Assets. The foregoing obligations Sites and for the use, operation, maintenance, repair and restoration of Lessee shall apply whether the repairs, replacements, substitutions or renewals are made to the interior or exterior of a System, are structural or nonstructural, ordinary or extraordinary, are foreseen or unforeseen, and include, without limitation, repairs, replacements and renewals that would constitute capital expenditures under GAAP if incurred by an owner of property. Leased items of Equipment that have been substituted or replaced pursuant to this Section 7.1 shall become the property of Lessee, and title ----------- thereto shall automatically vest in Lessee upon such permitted substitution or replacementFacilities. Lessee waives any right that it may now have or hereafter acquire to (x) require Lessor to maintain, repair, replace, alter, remove or rebuild all or any part of the Leased Assets Sites or (y) make repairs at the expense of Lessor pursuant to any Applicable Laws and Regulations or other agreements.

Maintenance and Repair; Compliance With Law. Lessee, at its ------------------------------------------- own expense, shall at all times (a) maintain the Leased Assets Sites in good and safe repair and condition, subject to ordinary wear and tear; provided, that the -------- condition of all Leased Assets shall be maintained and in at least as good and safe repair and condition as similar systems (all whether involving interior or exterior, structural or nonstructural, ordinary or extraordinary, and equipment that Lessee (foreseen or its Affiliates) owns or leases from othersunforeseen circumstances); (b) except to the extent Section 9.5 shall apply, maintain, manage and monitor the Leased Assets Sites in accordance with all Applicable LawsLaws and Regulations, whether or not such maintenance requires structural modifications, noncompliance with which (i) would have a material adverse effect on Lessee's right to use all or a material portion of the Leased Assets Sites or Lessee's business or financial condition, (ii) would result cause any of the results enumerated in an injunction preventing or otherwise interfere with the disposition of any System in any material respect after the Lease Termination DateSection 9.5 hereof, (iii) would materially adversely affect the fair market valueFair Market Sales Value, utility, remaining economic useful life or residual value of any System comprising a portion of the Leased AssetsSites, or (iv) would materially adversely affect Lessor's interest in any System comprising a portion of the Leased AssetsSites; (c) comply with the standards imposed by any insurance policies required to be maintained hereunder which are in effect at any time with respect to the Leased AssetsSites or any part thereof; (d) maintain, manage and monitor the Leased Assets Sites in accordance with all applicable contracts, including service contracts and insurance contracts; (e) conduct all scheduled maintenance of the Leased Assets in conformity with maintenance and repair guidelinesunder the same programs and subject to the same standards as Lessee or its Affiliates shall maintain and repair other healthcare facilities owned, if any, for similar property (including, without limitation, Lessee's maintenance program for such property)leased or operated by Lessee or its Affiliates; (f) cause each System subject to a Lease Supplement the Sites to continue to have at all times at least the capacity and functional ability to be used for, on a continuing basis (subject to normal interruption in the ordinary course of business for maintenance, inspection and repair) and in Commercial Operationcommercial operation, the purposes for which it was specifically designed; (g) make all necessary or maintain appropriate repairsand customary written environmental operations and maintenance plans (including, replacements, substitutions and renewals of where appropriate for asbestos-containing materials) for the Leased Assets or any part thereof which may be required to keep the Leased Assets in the condition required by the preceding clauses (a) through ----------- (f), in accordance with standard industry practiceSites; and (h) procure, maintain --- and comply in all material respects with all material licenses, permits, orders, approvals, consents and other authorizations required for the construction, use, maintenance, Lease repair, restoration maintenance and operation of the Leased Assets. The foregoing obligations Sites and for the use, operation, maintenance, repair and restoration of Lessee shall apply whether the repairs, replacements, substitutions or renewals are made to the interior or exterior of a System, are structural or nonstructural, ordinary or extraordinary, are foreseen or unforeseen, and include, without limitation, repairs, replacements and renewals that would constitute capital expenditures under GAAP if incurred by an owner of property. Leased items of Equipment that have been substituted or replaced pursuant to this Section 7.1 shall become the property of Lessee, and title ----------- thereto shall automatically vest in Lessee upon such permitted substitution or replacementFacilities. Lessee waives any right that it may now have or hereafter acquire to (x) require Lessor to maintain, repair, replace, alter, remove or rebuild all or any part of the Leased Assets Sites or (y) make repairs at the expense of Lessor pursuant to any Applicable Laws and Regulations or other agreements.

Maintenance and Repair; Compliance With Law. Lessee, at its ------------------------------------------- own expense, shall at all times (a) maintain the Leased Assets Property in good and safe repair and at least its current condition, subject to ordinary wear and tear; provided, that the -------- condition of all Leased Assets shall be maintained and in any event at least as good as the condition of similar buildings owned or leased by Lessee or its Affiliates and safe in good repair and condition as similar systems and equipment that Lessee (or its Affiliates) owns or leases free from othersnuisance; (b) except to the extent SECTION 9.5 shall apply, maintain, manage and monitor the Leased Assets Property in accordance with all Applicable LawsLaws and Regulations, whether or not such maintenance requires structural modifications, noncompliance with which (i) would have a material adverse effect on Lessee's right to use all or a material portion of the Leased Assets or Lessee's business or financial condition, (ii) would result in an injunction preventing or otherwise interfere with the disposition of any System in any material respect after the Lease Termination Date, (iii) would adversely affect the fair market value, utility, remaining economic useful life or residual value of any System comprising a portion of the Leased Assets, or (iv) would adversely affect Lessor's interest in any System comprising a portion of the Leased Assets; (c) comply with the standards imposed by any insurance policies required to be maintained hereunder Insurance Requirements which are in effect at any time with respect to the Leased AssetsProperty or any part thereof; (d) maintain, manage and monitor the Leased Assets Property in accordance with all applicable contracts, including service contracts and insurance contracts; (e) conduct all scheduled maintenance of the Leased Assets Property in conformity with maintenance and repair guidelines, if any, guidelines comparable to guidelines of Lessee or its Affiliates for similar property (including, without limitation, Lessee's maintenance program for such property)properties owned by Lessee and/or its Affiliates; (f) use the buildings located on the Land only as administrative, marketing, research, and development and manufacturing buildings and cause each System subject to a Lease Supplement to continue the Leased Property to have at all times at least the capacity and functional ability to be used forused, on a continuing basis (subject to normal interruption in the ordinary course of business for maintenance, inspection and repair) and in Commercial Operationcommercial operation, the purposes for which it was specifically designedas administrative, marketing, research, and development and manufacturing buildings; (g) make all necessary or appropriate repairs, replacements, substitutions replacements and renewals of the Leased Assets Property or any part thereof which may be required to keep the Leased Assets Property in the condition required by the preceding clauses CLAUSES (a) through ----------- (f), in accordance with standard industry practicewhether interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen, and including, without limitation, repairs, replacements and renewals that would constitute capital expenditures under GAAP if incurred by an owner of property; and (h) procure, maintain --- and comply in all material respects with all material licenses, permits, orders, approvals, consents and other authorizations required for the construction, use, maintenance, Lease repair, restoration maintenance and operation of the Leased Assets. The foregoing obligations Property and for the use, operation, maintenance, repair and restoration of Lessee shall apply whether the repairs, replacements, substitutions or renewals are made to the interior or exterior of a System, are structural or nonstructural, ordinary or extraordinary, are foreseen or unforeseen, and include, without limitation, repairs, replacements and renewals that would constitute capital expenditures under GAAP if incurred by an owner of property. Leased items of Equipment that have been substituted or replaced pursuant to this Section 7.1 shall become the property of Lessee, and title ----------- thereto shall automatically vest in Lessee upon such permitted substitution or replacementImprovements. Lessee waives any right that it may now have or hereafter acquire to (x) require Lessor to maintain, repair, replace, alter, remove or rebuild all or any part of the Leased Assets Property or (y) make repairs at the expense of Lessor pursuant to any Applicable Laws and Regulations or other agreements.

Maintenance and Repair; Compliance With Law. Lessee, at its ------------------------------------------- own expense, shall at all times (a) maintain the Leased Assets Site in good and safe repair and conditioncondition (which condition shall be no less than consistent with industry standards for similar facilities), subject to ordinary wear and tear; provided, that the -------- condition of all Leased Assets shall be maintained and in at least as good and safe repair and condition as similar systems (all whether involving interior or exterior, structural or nonstructural, ordinary or extraordinary, and equipment that Lessee (foreseen or its Affiliates) owns or leases from othersunforeseen circumstances); (b) except to the extent Section 9.5 shall apply, ----------- maintain, manage and monitor the Leased Assets Site in accordance with all Applicable LawsLaws and Regulations, whether or not such maintenance requires structural modifications, noncompliance with which (i) would have a material adverse effect on the Site, Lessee's right to use all or a material portion of the Leased Assets Site or Lessee's business or financial condition, (ii) would result cause any of the results enumerated in an injunction preventing or otherwise interfere with the disposition of any System in any material respect after the Lease Termination DateSection 9.5 hereof, (iii) would ----------- materially adversely affect the fair market valueFair Market Sales Value, utility, remaining economic useful life or residual value of any System comprising a portion of the Leased AssetsSite, or (iv) would materially adversely affect Lessor's interest in any System comprising a portion of the Leased AssetsSite; (c) comply with the standards imposed by any insurance policies required to be maintained hereunder which are in effect at any time with respect to the Leased AssetsSite or any part thereof; (d) maintain, manage and monitor the Leased Assets Site in accordance with all applicable contracts, including service contracts and insurance contracts; (e) conduct all scheduled maintenance of the Leased Assets in conformity with maintenance and repair guidelinesunder the same programs and subject to the same standards as Lessee or its Affiliates shall maintain and repair other facilities owned, if any, for similar property (including, without limitation, Lessee's maintenance program for such property)leased or operated by Lessee or its Affiliates; (f) cause each System subject to a Lease Supplement the Site to continue to have at all times at least the capacity and functional ability to be used for, on a continuing basis (subject to normal interruption in the ordinary course of business for maintenance, inspection and repair) and in Commercial Operationcommercial operation, the purposes for which it was specifically designed; (g) make all necessary or maintain appropriate repairsand customary written environmental operations and maintenance plans (including, replacements, substitutions and renewals of where appropriate for asbestos-containing materials) for the Leased Assets or any part thereof which may be required to keep the Leased Assets in the condition required by the preceding clauses (a) through ----------- (f), in accordance with standard industry practiceSite; and (h) procure, maintain --- and comply in all material respects with all material licenses, permits, orders, approvals, consents and other authorizations required for the construction, use, maintenance, Lease repair, restoration maintenance and operation of the Leased Assets. The foregoing obligations Site and for the use, operation, maintenance, repair and restoration of Lessee shall apply whether the repairs, replacements, substitutions or renewals are made to the interior or exterior of a System, are structural or nonstructural, ordinary or extraordinary, are foreseen or unforeseen, and include, without limitation, repairs, replacements and renewals that would constitute capital expenditures under GAAP if incurred by an owner of property. Leased items of Equipment that have been substituted or replaced pursuant to this Section 7.1 shall become the property of Lessee, and title ----------- thereto shall automatically vest in Lessee upon such permitted substitution or replacementFacilities. Lessee waives any right that it may now have or hereafter acquire to (x) require Lessor to maintain, repair, replace, alter, remove or rebuild all or any part of the Leased Assets Site or (y) make repairs at the expense of Lessor pursuant to any Applicable Laws and Regulations or other agreements.

Maintenance and Repair; Compliance With Law. Lessee, at its ------------------------------------------- own expense, shall at all times (a) maintain the Leased Assets Property in good and safe repair and condition, free from nuisance and in the condition required on the Construction Completion Date, subject to ordinary wear and tear; provided, that the -------- condition of all Leased Assets shall be maintained in at least and as good and safe repair and condition as similar systems and equipment that Lessee (or its Affiliates) owns or leases from othersa first-class office building; (b) except to the extent Section 5.5 shall apply, ----------- maintain, manage and monitor the Leased Assets Property in accordance with all Applicable LawsLaw, whether or not such maintenance requires structural modifications, noncompliance with which (i) would have a material adverse effect on Lessee's right to use all or a material portion of the Leased Assets or Lessee's business or financial conditionProperty, (ii) would result cause any of the results enumerated in an injunction preventing or otherwise interfere with the disposition of any System in any material respect after the Lease Termination DateSection 5.2(b) hereof, (iii) would materially adversely -------------- affect the fair market value, utility, remaining economic useful life or residual value of any System comprising a portion of the Leased AssetsProperty, or (iv) would adversely affect Lessor's interest in any System comprising a portion of the Leased AssetsProperty; (c) comply with the standards imposed by any insurance policies required to be maintained hereunder which are in effect at any time with respect to the Leased AssetsProperty or any portion thereof; (d) maintain, manage and monitor the Leased Assets Property in accordance with all applicable contracts, including service contracts and insurance contracts; (e) conduct all scheduled maintenance of the Leased Assets Property in conformity with prudent maintenance and repair guidelines, if any, for guidelines and without discriminating in favor of similar other property (including, without limitation, owned or leased by Lessee's maintenance program for such property); (f) cause each System subject to a Lease Supplement the Leased Property to continue to have at all times at least the capacity and functional ability to be used for, on a continuing basis (subject to normal interruption in the ordinary course of business for maintenance, inspection and repair) and in Commercial Operationcommercial operation, the purposes for which it was specifically designed; (g) make all necessary or appropriate repairs, replacements, substitutions replacements and renewals of the Leased Assets Property or any part portion thereof which may be required to keep the Leased Assets Property in the condition required by the preceding clauses (a) through ----------- (f), in accordance with standard industry practice----------- --- whether interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen, and including, without limitation, repairs, replacements and renewals that would constitute capital expenditures under GAAP if incurred by an owner of property; and (h) procure, maintain --- and comply in all material respects with all material licenses, permits, orders, approvals, consents and other authorizations required for the construction, use, maintenancemaintenance and operation, Lease repair, repair and restoration and operation of the Leased Assets. The foregoing obligations of Lessee shall apply whether the repairs, replacements, substitutions or renewals are made to the interior or exterior of a System, are structural or nonstructural, ordinary or extraordinary, are foreseen or unforeseen, and include, without limitation, repairs, replacements and renewals that would constitute capital expenditures under GAAP if incurred by an owner of property. Leased items of Equipment that have been substituted or replaced pursuant to this Section 7.1 shall become the property of Lessee, and title ----------- thereto shall automatically vest in Lessee upon such permitted substitution or replacementProperty. Lessee waives any right that it may now have or hereafter acquire to (x) require Lessor to maintain, repair, replace, alter, remove or rebuild all or any part of the Leased Assets Property or (y) make repairs at the expense of Lessor pursuant to any Applicable Laws Law or other agreements.