Common use of Maintenance and Repair; Return Clause in Contracts

Maintenance and Repair; Return. (a) The Lessee, at its sole cost and expense, shall maintain each Property in good condition (ordinary wear and tear excepted) and make all necessary repairs thereto, of every kind and nature whatsoever, whether interior or exterior, ordinary or extraordinary, structural or nonstructural or foreseen or unforeseen, in each case as required by all Requirements of Law, Property Legal Requirements and Insurance Requirements and in no event less than the standards applied by the Lessee in the operation and maintenance of other comparable properties owned or leased by the Lessee or its Affiliates. (b) The Lessor shall under no circumstances be required to build any improvements on any Property, make any repairs, replacements, alterations or renewals of any nature or description to any Property, make any expenditure whatsoever in connection with this Master Lease (other than for Advances made in accordance with and pursuant to the terms of the Participation Agreement) or maintain any Property in any way. The Lessee waives any right to (i) require the Lessor to maintain, repair, or rebuild all or any part of any Property or (ii) make repairs at the expense of the Lessor pursuant to any Requirement of Law, Property Legal Requirement, Insurance Requirement, contract, agreement, or covenant, condition or restriction in effect at any time during the Lease Term. (c) The Lessee shall, upon the expiration or earlier termination of this Master Lease with respect to any Property (other than as a result of the Lessee's purchase of such Property from the Lessor as provided herein), vacate and surrender such Property to the Lessor in its then-current, "AS IS" condition, subject to the Lessee's obligations under SECTIONS 8.3, 9.1(a), 10.1, 11.1, 14.1(e), 14.2 and 20.1.

Appears in 1 contract

Sources: Master Lease and Deed of Trust (Symantec Corp)

Maintenance and Repair; Return. (a) The Each Lessee, at its sole cost and expense, shall maintain each its Property in good condition (ordinary wear and tear excepted) and make all necessary repairs thereto, of every kind and nature whatsoever, whether interior or exterior, ordinary or extraordinary, structural or nonstructural or foreseen or unforeseen, in each case in all material respects as required by all Requirements of Law, Property Legal Requirements and Insurance Requirements and on a basis and in no event less than the standards applied by the such Lessee and its Affiliates in the operation and maintenance of other comparable properties owned or leased by the such Lessee or its Affiliates. (b) The Lessor shall under no circumstances be required to build any improvements on any Property, make any repairs, replacements, alterations or renewals of any nature or description to any Property, make any expenditure whatsoever in connection with this Master Lease (other than for Advances made in accordance with and pursuant to the terms of the Participation Agreement) or maintain any Property in any way. The Each Lessee waives any right to (i) require the Lessor to maintain, repair, or rebuild all or any part of any Property or (ii) make repairs at the expense of the Lessor pursuant to any Requirement of Law, Property Legal Requirement, Insurance Requirement, contract, agreement, or covenant, condition or restriction in effect at any time during the Lease Term. (c) The Each Lessee shall, upon the expiration or earlier termination of this Master Lease with respect to any Property (other than as a result of the such Lessee's purchase of such Property from the Lessor as provided herein), vacate and surrender such Property to the Lessor in its then-current, "AS IS" condition, subject to the such Lessee's obligations under SECTIONS Sections 8.3, 9.1(a), 10.1, 11.1, 14.1(e14.1(d), 14.2 and 20.1.

Appears in 1 contract

Sources: Master Lease, Open End Mortgage and Purchase Option (Multicare Companies Inc)

Maintenance and Repair; Return. (a) The Lessee, at its sole cost and expense, shall maintain each the Property in good condition (ordinary wear and tear excepted) and make all necessary repairs thereto, of every kind and nature whatsoever, whether interior or exterior, ordinary or extraordinary, structural or nonstructural or foreseen or unforeseen, in each case as required by all Requirements of Law, Property Legal Requirements Law and Insurance Requirements and on a basis consistent with the operation and maintenance of properties comparable in type and location to the Property and in no event less than the standards applied by the Lessee in the operation and maintenance of other comparable properties owned or leased by the Lessee or its Affiliates. (b) The Lessor shall under no circumstances be required to build any improvements on any the Property, make any repairs, replacements, alterations or renewals of any nature or description to any the Property, make any expenditure whatsoever in connection with this Master Lease (other than for Advances made in accordance with and pursuant to the terms of the Participation Agreement and the Construction Agency Agreement) or maintain any the Property in any way. The Lessee waives any right to (i) require the Lessor to maintain, repair, or rebuild all or any part of any the Property or (ii) make repairs at the expense of the Lessor pursuant to any Requirement of Law, Property Legal Requirement, Insurance Requirement, contract, agreement, or covenant, condition or restriction in effect at any time during the Lease Term. (c) The Lessee shall, upon the expiration or earlier termination of this Master Lease with respect to any Property (other than as a result of the Lessee's (or its designee's) purchase of such the Property from the Lessor as provided herein), vacate and surrender such the Property to the Lessor in its then-current, "AS IS" condition, subject to the Lessee's obligations under SECTIONS Sections 8.3, 9.1(a), 10.1, 11.1, 14.1(e), 14.2 and 20.1.

Appears in 1 contract

Sources: Master Lease and Open End Mortgages (Electronics for Imaging Inc)

Maintenance and Repair; Return. (a) The Lessee, at its sole cost and expense, shall maintain each Property in good condition (ordinary wear and tear excepted) and make all necessary repairs thereto, of every kind and nature whatsoever, whether interior or exterior, ordinary or extraordinary, structural or nonstructural extraordinary or foreseen or unforeseen, in each case as required by all Requirements of Law, Property Legal Requirements Law and Insurance Requirements (except where the failure to comply would not have a Material Adverse Effect) and in no event less applying standards of maintenance lower than the standards applied by the Lessee or Guarantor in the operation and maintenance of other comparable properties owned or leased by the Lessee Lessee, Guarantor or its their Affiliates. (b) The Lessor shall not under no any circumstances be required to build any improvements on any Property, make any repairs, replacements, alterations or renewals of any nature or description to any Property, make any expenditure whatsoever in connection with this Master Lease or the Lease Supplements (other than for Advances made in accordance with and pursuant to the terms of the Participation Agreement) or maintain any Property in any way. The Lessee waives any right to (i) require the Lessor to maintain, repair, or rebuild all or any part of any Property or (ii) make repairs at the expense of the Lessor pursuant to any Requirement of Law, Property Legal Requirement, Insurance Requirement, contract, agreement, or covenant, condition or restriction in effect at any time during the Lease Term. (c) The Lessee shall, upon the expiration or earlier termination of this Master Lease with respect to any each Property (other than as a result of the Lessee's ’s purchase of such Property from the Lessor as provided herein), vacate and surrender such Property to the Lessor in its then-current, "then current “AS IS" condition, subject to the Lessee's ’s obligations under SECTIONS 8.3Articles VIII, 9.1(a)IX, 10.1X, 11.1XI, 14.1(e)XIII, 14.2 XIV and 20.1XX.

Appears in 1 contract

Sources: Master Lease (Tandem Health Care, Inc.)