Common use of Maintenance and Repairs; Taxes; Utility and Other Charges Clause in Contracts

Maintenance and Repairs; Taxes; Utility and Other Charges. The Borrower agrees to maintain the Project during the term of this Agreement (a) in as reasonably safe condition as its operations shall permit and is customary in the industry and (b) in good repair and in good operating condition, ordinary wear and tear excepted, making from time to time all necessary repairs thereto and renewals and replacements thereof. Any replacement, repair, rebuilding or restoration of the Project shall be done in accordance with any permits or governmental agreements applicable to the facilities being improved as part of the Project. The Borrower agrees to pay or cause to be paid during the term of this Agreement all taxes, governmental charges of any kind lawfully assessed or levied upon the Project or any part thereof, including any taxes levied against any portion of the Project which, if not paid, will become a charge on the receipts from the Project prior to or on a parity with the charge thereon and the pledge or assignment thereof to be created therefrom or under this Agreement, all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of any portion of the Project and all assessments and charges lawfully made by any governmental body for public improvements that may be secured by a lien on the Project, provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Borrower shall be obligated to pay only such installments as are required to be paid during the term of this Agreement. The Borrower may, at the Borrower’s expense and in the Borrower’s name, in good faith, contest any such taxes, assessments and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during that period of such contest and any appeal therefrom unless by such nonpayment the Project or any part thereof will be subject to loss or forfeiture. Notwithstanding such contest or appeals, the Borrower shall pay not less than the amount of tax or assessment which the Borrower admits in good faith to be owing.

Maintenance and Repairs; Taxes; Utility and Other Charges. The Borrower Company agrees to maintain the Project during the term of this Agreement (ai) in as reasonably safe condition as its operations shall permit and as is customary in the industry and (bii) in good order and repair and in good operating condition, ordinary wear and tear excepted, and damage from casualty expressly not excepted, making from time to time all necessary repairs thereto and renewals and replacements thereof. Any replacementThe Company agrees not to permit or commit waste on the Project. In the acquisition, repairconstruction, rebuilding or restoration of the Project shall be done in accordance with any permits or governmental agreements applicable to the facilities being improved as part maintenance, improvement and operation of the Project, the Company will comply in all material respects with all applicable building, zoning, subdivision, environmental protection, sanitary and safety and other land use laws, rules and regulations and will not permit any material nuisance thereon. It shall not be a breach of this section if the Company fails to comply with such laws, rules and regulations during any period in which the Company shall in good faith be diligently contesting the validity thereof. The Borrower Company agrees to pay or cause to be paid during the term of this Agreement all taxes, governmental charges of any kind lawfully assessed or levied upon the Project or any part thereof or with respect to the Company’s interest therein or use thereof, including any taxes levied against any portion of the Project which, if not paid, will become a charge on the receipts from the Project prior to or on a parity with the charge thereon and the pledge or assignment thereof to be created therefrom or under this AgreementProject, all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of any portion of the Project and all assessments and charges lawfully made by any governmental body for public improvements that may be secured by a lien on the Project, provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Borrower Company shall be obligated to pay only such installments as are required to be paid during the term of this Agreement. The Borrower Company may, at the BorrowerCompany’s expense and in the BorrowerCompany’s name, in good faith, diligently contest any such taxes, assessments and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during that period of such contest and any appeal therefrom unless by such nonpayment the Project or any part thereof will be subject to loss or forfeiture. Notwithstanding such contest Nothing contained in this Agreement or appeals, the Borrower Indenture shall pay be construed to require or authorize the Authority to operate the Project itself or to conduct any business enterprise in connection therewith. The Authority shall not less than be liable to the amount of tax Company or assessment which to any other person for any latent or patent defect in the Borrower admits in good faith to be owingProject.

Maintenance and Repairs; Taxes; Utility and Other Charges. The Borrower Company agrees to maintain the Project Facility during the term of this Agreement (ai) in as reasonably safe condition as its operations shall permit and is customary in the industry and (bii) in good repair and in good operating condition, ordinary wear and tear excepted, making from time to time all necessary repairs thereto and renewals and replacements thereof. Any replacement, repair, rebuilding or restoration of the Project shall be done in accordance with any permits or governmental agreements applicable except if and to the facilities being improved as part of extent non-compliance with such provisions (i) and (ii), individually or in the Projectaggregate, could not reasonably be expected to have a Material Adverse Effect. The Borrower Company agrees to pay or cause to be paid during the term of this Agreement Agreement, except if and to the extent non-compliance with each of the following clauses (i) and (ii), individually or in the aggregate, could not reasonably be expected to have a Material Adverse Effect, (i) all taxes, governmental charges of any kind lawfully assessed or levied upon the Project Facility or any part thereof, including any taxes levied against any portion of the Project Facility which, if not paid, will become a charge on the receipts from the Project prior to or on a parity with the charge thereon Facility and the pledge or assignment thereof to be created therefrom or under this Agreement, all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of any portion of the Project and (ii) all assessments and charges lawfully made by any governmental body for public improvements that may be in either case are secured by a lien on the ProjectFacility, provided that with respect to special taxes, assessments or other governmental charges that may lawfully be paid in installments over a period of yearstime, the Borrower Company shall be obligated to pay pay, when due, only such installments as are required to be paid during the term of this Agreement. The Borrower Company may, at the BorrowerCompany’s expense and in the BorrowerCompany’s name, in good faith, contest any such taxes, assessments and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during that period of such contest and any appeal therefrom unless by such nonpayment the Project Facility or any part thereof will be subject to loss or forfeiture. Notwithstanding forfeiture during a period of such contest or appeals, the Borrower shall pay not less than the amount of tax or assessment which the Borrower admits in good faith and could reasonably be expected to be owinghave a Material Adverse Effect.

Maintenance and Repairs; Taxes; Utility and Other Charges. The Borrower agrees to maintain the Project during the term of this Agreement (ai) in as reasonably safe condition as its operations shall permit and is customary in the industry and (bii) in good repair and in good operating condition, ordinary wear and tear excepted, making from time to time all necessary repairs thereto and renewals and replacements thereof. Any replacement, repair, rebuilding or restoration of the Project shall be done in accordance with any permits or governmental agreements applicable to the facilities being improved as part of the Project. The Borrower agrees to pay or cause to be paid during the term of this Agreement all taxes, governmental charges of any kind lawfully assessed or levied upon the Project or any part thereof, including any taxes levied against any portion of the any Project which, if not paid, will become a charge on the receipts from the Project prior to or on a parity with the charge thereon and the pledge or assignment thereof to be created therefrom or under this AgreementProject, all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of any portion of the Project and all assessments and charges lawfully made by any governmental body for public improvements that may be secured by a lien on the Project, provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Borrower shall be obligated to pay only such installments as are required to be paid during the term of this Agreement. The Borrower may, at the Borrower’s expense and in the Borrower’s name, in good faith, contest any such taxes, assessments and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during that period of such contest and any appeal therefrom unless by such nonpayment the Project or any part thereof will be subject to loss or forfeiture. Notwithstanding such contest or appeals, the Borrower shall pay not less than the amount of tax or assessment which the Borrower admits in good faith to be owing.