Common use of Maintenance and Use of Property Clause in Contracts

Maintenance and Use of Property. Except in connection with the Prior Hurricane Damage and the PR Restoration, Borrower shall cause the Property to be maintained in a good and safe condition and repair in all material respects, provided that Borrower shall take all commercially reasonable actions Borrower deems necessary in the exercise of its commercially reasonable business judgment to ensure that all Properties and Persons are protected against any accident, injury to or death of persons or loss of or damage to property occurring in, on or about the Property or any part thereof or on the adjoining sidewalks, curbs, adjacent property or adjacent parking areas, streets or ways. Except in connection with the Prior Hurricane Damage and the PR Restoration, the Improvements and the Personal Property shall not be removed, demolished or materially altered (except for normal replacement of the Personal Property) without the consent of Lender or as otherwise permitted pursuant to Section 4.21 hereof. Except in connection with the Prior Hurricane Damage and the PR Restoration, Borrower shall perform (or shall cause to be performed) the prompt repair, replacement and/or rebuilding of any part of the Property which may be destroyed by any casualty, or become damaged, worn or dilapidated or which may be affected by any proceeding of the character referred to in Section 3.14 hereof and shall complete and pay for (or cause the completion and payment for) any structure at any time in the process of construction or repair on the Land. Borrower shall operate the Property for the same uses as the Property is currently operated and similar uses as are customary in retail shopping center operations and Borrower shall not, without the prior written consent of Lender, (i) change the use of the Property to any use which is not customary in retail shopping center operations or (ii) initiate, join in, acquiesce in, or consent to any change in any private restrictive covenant, zoning law or other public or private restriction, limiting or defining the uses which may be made of the Property or any part thereof to the extent the same is reasonably likely to have a Material Adverse Effect. If under applicable zoning provisions the use of all or any portion of the Property is or shall become a nonconforming use, Borrower will not cause or permit the nonconforming use to be discontinued or the nonconforming Improvement to be abandoned without the express written consent of Lender. Borrower agrees not to commit, permit or suffer to exist any act or omission affording any right of forfeiture with respect to any Individual Property.

Maintenance and Use of Property. Except Prior to a Leased Fee Lease Termination, Borrower shall use such efforts as are required pursuant to Section 4.14(b) hereof to cause each Individual Property to be maintained in connection all material respects in accordance with the Prior Hurricane Damage terms and the PR Restorationprovisions of such Leased Fee Lease. During a Leased Fee Lease Termination Period, Borrower shall cause the each Individual Property related to such Leased Fee Lease Termination to be maintained in a good and safe condition and repair in all material respects, provided that Borrower shall take all commercially reasonable actions Borrower deems necessary in repair. Subject to the exercise terms of its commercially reasonable business judgment the Leased Fee Lease prior to ensure that all Properties a Leased Fee Lease Termination (and Persons are protected against any accident, injury except as otherwise permitted by such Leased Fee Lease prior to or death of persons or loss of or damage to property occurring in, on or about the Property or any part thereof or on the adjoining sidewalks, curbs, adjacent property or adjacent parking areas, streets or ways. Except in connection with the Prior Hurricane Damage and the PR Restorationsuch Leased Fee Lease Termination), the Improvements and the Personal Property shall not be removed, demolished (except in connection with a restoration following a Casualty) or materially altered (except for normal replacement of the Personal Property) without the consent of Lender or as otherwise permitted pursuant to Section 4.21 hereof. Except in connection with the Prior Hurricane Damage and the PR RestorationWith respect to any Individual Property during a Leased Fee Lease Termination Period, Borrower shall perform (or shall cause to be performed) the prompt repair, replacement and/or rebuilding of any part of the any Individual Property which may be destroyed by any casualty, or become damaged, worn or dilapidated or which may be affected by any proceeding of the character referred to in Section 3.14 hereof and shall complete and pay for (or cause the completion and payment for) any structure at any time in the process of construction or repair on the Land. Subject to the terms of the applicable Leased Fee Lease prior to a Leased Fee Lease Termination Borrower shall operate the each Individual Property for the same uses as the such Individual Property is currently operated and similar uses as are customary in retail shopping center operations and Borrower shall not, without the prior written consent of Lender, (i) change the use of the any Individual Property to any use which is not customary in retail shopping center operations or (ii) initiate, join in, acquiesce in, or consent to any change in any private restrictive covenant, zoning law or other public or private restriction, limiting or defining the uses which may be made of the any Individual Property or any part thereof thereof. Subject to the extent terms of the same is reasonably likely applicable Leased Fee Lease prior to have a Material Adverse Effect. If Leased Fee Lease Termination, if under applicable zoning provisions the use of all or any portion of the any Individual Property is or shall become a nonconforming use, Borrower will not cause or permit the nonconforming use to be discontinued or the nonconforming Improvement to be abandoned without the express written consent of Lender. Borrower agrees not to commit, permit or suffer to exist any act or omission affording any right of forfeiture with respect to any Individual Property.

Maintenance and Use of Property. Except in connection with the Prior Hurricane Damage and the PR Restoration, Borrower shall cause the Mortgage Borrower to cause each non-Triple Net Leased Property to be maintained in a good and safe condition and repair in all material respectsrepair, provided that reasonable wear and tear excepted. Borrower shall take all cause Mortgage Borrower to use commercially reasonable actions Borrower deems necessary efforts to cause each Triple Net Leased Property to be maintained in the exercise of its commercially a good and safe condition and repair, reasonable business judgment wear and tear excepted. With respect to ensure that all Properties and Persons are protected against any accident, injury to or death of persons or loss of or damage to property occurring in, on or about the Property or any part thereof or on the adjoining sidewalks, curbs, adjacent property or adjacent parking areas, streets or ways. Except in connection with the Prior Hurricane Damage and the PR Restorationeach non-Triple Net Leased Property, the Improvements and the Personal Property shall not be removed, demolished or materially altered (except for normal replacement of the Personal PropertyProperty and normal removal of the Personal Property prior to the continuance of an Event of Default) without the consent of Lender or as otherwise permitted pursuant to Section 4.21 hereof. Except in connection with the Prior Hurricane Damage and the PR RestorationWith respect to each Triple Net Leased Property, Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to cause the Improvements and the Personal Property to not be removed, demolished or materially altered (except for normal replacement of the Personal Property and normal removal of the Personal Property prior to the continuance of an Event of Default) without the consent of Lender or as otherwise permitted pursuant to Section 4.21 hereof. With respect to each non-Triple Net Leased Property, Borrower shall cause Mortgage Borrower to perform (or shall cause to be performed) the prompt repair, replacement and/or rebuilding of any part of the any Individual Property which may be destroyed by any casualty, or become damaged, worn or dilapidated or which may be affected by any proceeding of the character referred to in Section 3.14 hereof and shall complete and pay for (or cause the completion and payment for) any structure at any time in the process of construction or repair on the Land. With respect to each Triple Net Leased Property, Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to cause each Tenant with respect to each Triple Net Leased Property to perform (or cause to be performed) the prompt repair, replacement and/or rebuilding of any part of any Individual Property which may be destroyed by any casualty, or become damaged, worn or dilapidated or which may be affected by any proceeding of the character referred to in Section 3.14 hereof and Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to cause such Tenant to complete and pay for (or cause the completion and payment for) any structure at any time in the process of construction or repair on the Land. Borrower shall cause Mortgage Borrower to operate the each non-Triple Net Leased Property for the same primary uses as the such Individual Property is currently operated and similar uses as are customary in retail shopping center operations and Borrower shall notnot permit Mortgage Borrower to, without the prior written consent of Lender, (i) change the primary use of the any such Individual Property to any use which is not customary in retail shopping center operations or (ii) initiate, join in, acquiesce in, or consent to any change in any private restrictive covenant, zoning law or other public or private restriction, limiting or defining restricting the uses which may be made of the any such Individual Property or any part thereof thereof. Borrower shall cause Mortgage Borrower to the extent use commercially reasonable efforts to cause each Tenant with respect to each Triple Net Leased Property to use such Triple Net Leased Property for the same primary uses as such Triple Net Leased Property is reasonably likely currently operated and Borrower shall cause Mortgage Borrower to have a Material Adverse Effectuse commercially reasonable efforts to cause the Tenant with respect to such Triple Net Leased Property to not, without the prior written consent of Lender, (i) change the primary use of any Triple Net Leased Property or (ii) initiate, join in, acquiesce in, or consent to any change in any private restrictive covenant, zoning law or other public or private restriction, limiting or restricting the uses which may be made of any Triple Net Leased Property or any part thereof. If under applicable zoning provisions the use of all or any portion of the any non-Triple Net Leased Property is or shall become a nonconforming use, Borrower will not permit Mortgage Borrower to cause or permit the nonconforming use to be discontinued or the nonconforming Improvement to be abandoned without the express written consent of Lender. If under applicable zoning provisions the use of all or any portion of any Triple Net Leased Property is or shall become a nonconforming use, Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to cause the Tenant with respect to such Triple Net Leased Property to not cause or permit the nonconforming use to be discontinued or the nonconforming Improvement to be abandoned without the express written consent of Lender. Borrower agrees not to commit, permit or suffer to exist any act or omission affording any right of forfeiture with respect to any Individual Property.

Maintenance and Use of Property. Except in connection with the Prior Hurricane Damage (a) Borrowers and the PR Restoration, Borrower Operating Lessee shall cause the Property to be maintained in a good, safe and insurable condition and otherwise in accordance with the standards set forth in Management Agreement and in material compliance with all applicable Laws, Condominium Requirements and the Leases, pay all fees or charges arising in connection therewith and shall promptly make all repairs to the Property to maintain them in good, safe and insurable condition and as otherwise required by the Management Agreement, applicable Laws, Condominium Requirements and the Leases, above grade and below grade, interior and exterior, structural and nonstructural, ordinary and extraordinary, unforeseen and foreseen, ordinary wear and tear and damage by casualty excepted. Neither Borrowers nor Operating Lessee shall use or occupy or conduct any activity on, or allow the use or occupancy of or the conduct of any activity on, the Property in a manner which results in a material violation of any applicable Law or Condominium Requirement. All repairs made or caused to be made by Borrowers and Operating Lessee shall be made with quality materials, in a good and safe condition workmanlike manner and repair shall comply in all material respectsrespects with the Management Agreement, provided that Borrower applicable Laws, Condominium Requirements and the Leases. Neither Borrowers nor Operating Lessee shall take all commercially reasonable actions Borrower deems necessary in the exercise of its commercially reasonable business judgment to ensure that all Properties and Persons are protected against impose any accidenteasement, injury to restriction, covenant or death of persons or loss of or damage to property occurring in, encumbrance on or about the Property or any part portion thereof (other than Permitted Liens) or grant any purchase or lease right or option on the Property or any portion thereof, execute or file any subdivision plat or condominium declaration affecting the Property or any portion thereof or on consent to the adjoining sidewalks, curbs, adjacent property or adjacent parking areas, streets or ways. Except in connection with the Prior Hurricane Damage and the PR Restoration, the Improvements and the Personal Property shall not be removed, demolished or materially altered (except for normal replacement of the Personal Property) without the consent of Lender or as otherwise permitted pursuant to Section 4.21 hereof. Except in connection with the Prior Hurricane Damage and the PR Restoration, Borrower shall perform (or shall cause to be performed) the prompt repair, replacement and/or rebuilding of any part annexation of the Property which may be destroyed by or any casualty, or become damaged, worn or dilapidated or which may be affected by any proceeding of the character referred to in Section 3.14 hereof and shall complete and pay for (or cause the completion and payment for) any structure at any time in the process of construction or repair on the Land. Borrower shall operate the Property for the same uses as the Property is currently operated and similar uses as are customary in retail shopping center operations and Borrower shall not, portion thereof without the prior written consent of Lender, (i) change the use of the Property to any use which is not customary in retail shopping center operations or (ii) initiate, join in, acquiesce in, or consent to any change in any private restrictive covenant, zoning law or other public or private restriction, limiting or defining the uses which may be made of the Property or any part thereof to the extent the same is reasonably likely to have a Material Adverse EffectRequired Lenders. If under applicable zoning provisions the use of all or any portion of the Property is or shall become a nonconforming use, Borrower Borrowers will not cause or permit the nonconforming use to be discontinued or the nonconforming Improvement to be abandoned without the express written consent of LenderAdministrative Agent. (b) Neither Borrowers nor Operating Lessee shall (i) consent to any zoning reclassification of any portion of the Property or obtain any variance under any existing zoning ordinance that is material and outside the ordinary course of such Person’s business, or (ii) use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, in each case without the prior written consent of Administrative Agent. (c) Neither Borrowers nor Operating Lessee shall commit or suffer any material waste of the Property or make any change in the use of the Property which will in any way materially increase the risk of fire or other hazard arising out of the operation of the Property, or take any action that will reasonably likely invalidate or give cause for cancellation of any insurance policy, or do or permit to be done thereon anything that will reasonably likely impair in any materially adverse manner the value of the Property or the security for the Loan. Borrower agrees not to commitNeither Borrowers nor Operating Lessee shall, without the prior written consent of Administrative Agent, permit any drilling or suffer exploration for or extraction, removal, or production of any minerals, oil or gas from the surface or the subsurface of the Property, regardless of the depth thereof or the method of mining or extraction thereof. (d) Borrowers shall diligently and expeditiously proceed to exist cause the repairs to the roof of the building in which the Hotel and Residential Units are located identified in the “Property Condition Report” for the Property delivered to Administrative Agent prior to the Closing Date to be performed, and shall in any act event cause such repairs to be completed on or omission affording any right of forfeiture with respect to any Individual Propertybefore December 31, 2013.