Common use of Maintenance of Properties and Equipment Clause in Contracts

Maintenance of Properties and Equipment. (a) The Borrower and the Restricted Subsidiaries shall (x) maintain in good repair, working order and condition (ordinary wear and tear excepted) in accordance with the general practice of other businesses of similar character and size, all of those material properties and equipment (including all material properties and equipment included in the Gathering Systems) useful or necessary to their businesses and (y) make or cause to be made, in a reasonably diligent fashion, all appropriate repairs, renewals or replacements thereof, in each case if the failure to so maintain, repair, renew or replace the same would reasonably be expected to constitute a Material Adverse Change. (b) The Borrower will, and will cause each Restricted Subsidiary to: (i) maintain or cause the maintenance of the interests and rights (i) which are necessary to maintain the Easements for the Gathering Systems and to maintain the other Midstream Assets, and (ii) which individually or in the aggregate, would, if not maintained, reasonably be expected to result in a Material Adverse Change; (ii) subject to Permitted Liens, maintain the Gathering Systems within the confines of the Easements without material encroachment upon any adjoining property and maintain the Processing Plants within the boundaries of the Deeds and without material encroachment upon any adjoining property; (iii) maintain such rights of ingress and egress necessary to permit the Borrower and the Restricted Subsidiaries to inspect, operate, repair, and maintain the Gathering Systems and the other Midstream Assets to the extent that failure to maintain such rights, individually or in the aggregate, would reasonably be expected to result, individually or in the aggregate, in a Material Adverse Change and provided that the Borrower and the Restricted Subsidiaries may hire third parties to perform these functions; and (iv) maintain all material agreements, licenses, permits, and other rights required for any of the foregoing described in this Section 8.1.4 in full force and effect in accordance with their terms, timely make any payments due thereunder, and prevent any default thereunder which could result in a termination or loss thereof, except any such failure to pay or default that could not reasonably, individually or in the aggregate, be expected to cause a Material Adverse Effect. (c) To the extent the Borrower or one of its Restricted Subsidiaries is not the operator of any asset or property, the Borrower and its Restricted Subsidiaries, as applicable, shall use commercially reasonable efforts to cause the operator to comply with this Section 8.1.4.