Common use of MAINTENANCE OF TRUST PROPERTY Clause in Contracts

MAINTENANCE OF TRUST PROPERTY. Grantor shall cause the Trust Property to be maintained in a good and safe condition and repair (subject to ordinary wear and tear), and shall otherwise operate and maintain the Trust Property in a manner consistent with the manner in which it operates and maintains the other properties on which it operates similar businesses ("SIMILAR PROPERTIES"). Except as otherwise permitted by the Relevant Documents, the Improvements, the Fixtures and the equipment located on the Land or the Improvements shall not be removed, demolished or materially altered (except for normal replacement of equipment) without the consent of Beneficiary which shall not unreasonably be withheld or delayed. Grantor shall comply with all laws, orders and ordinances affecting the Trust Property, or the use thereof. Except to the extent that Beneficiary fails to turn over insurance proceeds, if any, received by Beneficiary pursuant to Sections 10 and 11 with respect to the Trust Property to Grantor, Grantor shall promptly repair, replace or rebuild any part of the Trust Property that, following the date hereof, becomes damaged, worn or dilapidated and Grantor shall complete and pay for any structure at any time in the process of construction or repair on the Land. Notwithstanding anything to the contrary contained herein, Grantor hereby confirms its obligation to comply with all relevant Legal Requirements, including Environmental Laws, with respect to the Trust Property. Grantor shall not 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 Trust Property or any part thereof, unless Grantor shall have received Beneficiary's prior written consent, such consent not to be unreasonably withheld or delayed. If under applicable zoning provisions the use of all or any portion of the Trust Property is or shall become a nonconforming use, Grantor will not cause such nonconforming use to be discontinued or abandoned without the express written consent of Beneficiary, such consent not to be unreasonably withheld or delayed. Grantor shall not (i) change the use of the Land in any material respect or (ii) permit or suffer to occur any waste on or to the Trust Property or to any portion thereof.

Appears in 8 contracts

Samples: Discovery Zone Inc, Discovery Zone Inc, Discovery Zone Inc

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MAINTENANCE OF TRUST PROPERTY. Grantor shall cause the Trust Property to be maintained in a good and safe condition and repair (subject to ordinary wear and tear), and shall otherwise operate and maintain the Trust Property in a manner consistent with the manner in which it operates and maintains the other properties on which it operates similar businesses ("SIMILAR PROPERTIES"). Except as otherwise permitted by the Relevant Documents, the Improvements, the Fixtures and the equipment located on the Land or the Improvements shall not be removed, demolished or materially altered (except for normal replacement of equipment) without the consent of Beneficiary which shall not unreasonably be withheld or delayed. Grantor shall comply with all laws, orders and ordinances affecting the Trust Property, or the use thereof. Except to the extent that Beneficiary fails to turn over insurance proceeds, if any, received by Beneficiary pursuant to Sections SECTIONS 10 and 11 with respect to the Trust Property to Grantor, Grantor shall promptly repair, replace or rebuild any part of the Trust Property that, following the date hereof, becomes damaged, worn or dilapidated and Grantor shall complete and pay for any structure at any time in the process of construction or repair on the Land. Notwithstanding anything to the contrary contained herein, Grantor hereby confirms its obligation to comply with all relevant Legal Requirements, including Environmental Laws, with respect to the Trust Property. Grantor shall not 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 Trust Property or any part thereof, unless Grantor shall have received Beneficiary's prior written consent, such consent not to be unreasonably withheld or delayed. If under applicable zoning provisions the use of all or any portion of the Trust Property is or shall become a nonconforming use, Grantor will not cause such nonconforming use to be discontinued or abandoned without the express written consent of Beneficiary, such consent not to be unreasonably withheld or delayed. Grantor shall not (i) change the use of the Land in any material respect or (ii) permit or suffer to occur any waste on or to the Trust Property or to any portion thereof.

Appears in 5 contracts

Samples: Discovery Zone Inc, Discovery Zone Inc, Discovery Zone Inc

MAINTENANCE OF TRUST PROPERTY. Grantor Trustor shall cause the Trust Property to be maintained in a good and safe condition and repair (subject to ordinary wear and tear)in keeping with the condition and repair of properties of a similar use, value, age. nature and construction. Trustor shall otherwise not use, maintain or operate and maintain the Trust Property in any manner which constitutes a manner consistent public or private nuisance or which makes void, voidable, or cancelable, or increases the premium of, any insurance then in force with respect thereto. Trustor shall comply in all material respects with all of the recommendations (if any) concerning the maintenance and repair of the Trust Property which are contained in the inspection and engineering report which was delivered to Beneficiary in connection with the manner in which it operates and maintains origination of the other properties on which it operates similar businesses ("SIMILAR PROPERTIES")Loan. Except as otherwise permitted by the Relevant Documents, the Improvements, the Fixtures The Improvements and the equipment located on the Land or the Improvements Equipment shall not be removed, demolished or materially altered (except for normal replacement of equipmentthe Equipment with items of the same utility and of equal or greater value) without the prior written consent of Beneficiary which Beneficiary. Trustor shall not unreasonably be withheld or delayed. Grantor shall promptly comply with all laws, orders and ordinances affecting the Trust Property, or the use thereof. Except to the extent that Beneficiary fails to turn over insurance proceeds, if any, received by Beneficiary pursuant to Sections 10 and 11 with respect to the Trust Property to Grantor, Grantor Trustor shall promptly repair, replace or rebuild any part of the Trust Property thatImprovements or Equipment that is destroyed by any Casualty, following the date hereof, or becomes damaged, worn or dilapidated or that is affected by any Taking and Grantor shall complete and pay for any structure at any time in the process of construction or repair on the LandPremises. Notwithstanding anything to the contrary contained herein, Grantor hereby confirms its obligation to comply with all relevant Legal Requirements, including Environmental Laws, with respect to the Trust Property. Grantor Trustor shall not 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 Trust Property Premises or Improvements or any part thereof, unless Grantor shall have received Beneficiary's prior written consent, such consent not to be unreasonably withheld or delayed. If under applicable zoning provisions the use of all or any portion of the Trust Property Premises or Improvements is or shall become a nonconforming use, Grantor Trustor will not cause or permit such nonconforming use to be discontinued or abandoned without the express written consent of Beneficiary, such consent not to be unreasonably withheld or delayed. Grantor Trustor shall not (i) change the use of the Land Premises or Improvements or (ii) take any steps whatsoever to convert the Premises or Improvements, or any portion thereof, to a condominium or cooperative form of management. Trustor will not install or permit to be installed on the Premises any underground storage tank. Trustor shall not commit or suffer any waste of the Trust Property or make any change in the use of the Trust Property which will in any way materially increase the risk of fire or other hazard arising out of the operation of the Trust Property, or take any action that might invalidate or give cause for cancellation of any of the Policies, or do or permit to be done thereon anything that may in any way impair the value of the Trust Property in any material respect or (ii) the lien of this Deed of Trust. Trustor will not, without the prior written consent of Beneficiary, permit any drilling or suffer to occur exploration for or extraction, removal, or production of any waste on minerals from the surface or to the Trust Property subsurface of the Premises, regardless of the depth thereof or to any portion the method of mining or extraction thereof.

Appears in 1 contract

Samples: Property Management Agreement (Republic Property Trust)

MAINTENANCE OF TRUST PROPERTY. Grantor Trustor shall cause the Trust Property to be maintained in a good and safe condition and repair (subject to ordinary wear and tear)in keeping with the condition and repair of properties of a similar use, value, age, nature and construction. Trustor shall otherwise not use, maintain or operate and maintain the Trust Property in any manner which constitutes a manner consistent public or private nuisance or which makes void, voidable, or cancelable, or increases the premium of, any insurance then in force with respect thereto. Trustor shall comply in all material respects with all of the recommendations (if any) concerning the maintenance and repair of the Trust Property which are contained in the inspection and engineering report which was delivered to Beneficiary in connection with the manner in which it operates and maintains origination of the other properties on which it operates similar businesses ("SIMILAR PROPERTIES")Loan. Except as otherwise permitted by the Relevant Documents, the Improvements, the Fixtures The Improvements and the equipment located on the Land or the Improvements Equipment shall not be removed, demolished or materially altered (except for normal replacement of equipmentthe Equipment with items of the same utility and of equal or greater value) without the prior written consent of Beneficiary which Beneficiary. Trustor shall not unreasonably be withheld or delayed. Grantor shall promptly comply with all laws, orders and ordinances affecting the Trust Property, or the use thereof. Except to the extent that Beneficiary fails to turn over insurance proceeds, if any, received by Beneficiary pursuant to Sections 10 and 11 with respect to the Trust Property to Grantor, Grantor Trustor shall promptly repair, replace or rebuild any part of the Trust Property thatImprovements or Equipment that is destroyed by any Casualty, following the date hereof, or becomes damaged, worn or dilapidated or that is affected by any Taking and Grantor shall complete and pay for any structure at any time in the process of construction or repair on the LandPremises. Notwithstanding anything to the contrary contained herein, Grantor hereby confirms its obligation to comply with all relevant Legal Requirements, including Environmental Laws, with respect to the Trust Property. Grantor Trustor shall not 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 Trust Property Premises or Improvements or any part thereof, unless Grantor shall have received Beneficiary's prior written consent, such consent not to be unreasonably withheld or delayed. If under applicable zoning provisions the use of all or any portion of the Trust Property Premises or Improvements is or shall become a nonconforming use, Grantor Trustor will not cause or permit such nonconforming use to be discontinued or abandoned without the express written consent of Beneficiary, such consent not to be unreasonably withheld or delayed. Grantor Trustor shall not (i) change the use of the Land Premises or Improvements or (ii) take any steps whatsoever to convert the Premises or Improvements, or any portion thereof, to a condominium or cooperative form of management. Trustor will not install or permit to be installed on the Premises any underground storage tank. Trustor shall not commit or suffer any waste of the Trust Property or make any change in the use of the Trust Property which will in any way materially increase the risk of fire or other hazard arising out of the operation of the Trust Property, or take any action that might invalidate or give cause for cancellation of any of the Policies, or do or permit to be done thereon anything that may in any way impair the value of the Trust Property in any material respect or (ii) the lien of this Deed of Trust. Trustor will not, without the prior written consent of Beneficiary, permit any drilling or suffer to occur exploration for or extraction, removal, or production of any waste on minerals from the surface or to the Trust Property subsurface of the Premises, regardless of the depth thereof or to any portion the method of mining or extraction thereof.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Republic Property Trust)

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MAINTENANCE OF TRUST PROPERTY. Grantor shall cause the Trust Property to be maintained in a good and safe condition and repair (subject to ordinary wear and tear), and shall otherwise operate and maintain the Trust Property in a manner consistent with the manner in which it operates and maintains the other properties on which it operates similar businesses ("SIMILAR PROPERTIESSimilar Properties"). Except as otherwise permitted by the Relevant Documents, the Improvements, the Fixtures and the equipment located on the Land or the Improvements shall not be removed, demolished or materially altered (except for normal replacement of equipment) without the consent of Beneficiary which shall not unreasonably be withheld or delayed. Grantor shall comply with all laws, orders and ordinances affecting the Trust Property, or the use thereof. Except to the extent that Beneficiary fails to turn over insurance proceeds, if any, received by Beneficiary pursuant to Sections 10 and 11 with respect to the Trust Property to Grantor, Grantor shall promptly repair, replace or rebuild any part of the Trust Property that, following the date hereof, becomes damaged, worn or dilapidated and Grantor shall complete and pay for any structure at any time in the process of construction or repair on the Land. Notwithstanding anything to the contrary contained herein, Grantor hereby confirms its obligation to comply with all relevant Legal Requirements, including Environmental Laws, with respect to the Trust Property. Grantor shall not 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 Trust Property or any part thereof, unless Grantor shall have received Beneficiary's prior written consent, such consent not to be unreasonably withheld or delayed. If under applicable zoning provisions the use of all or any portion of the Trust Property is or shall become a nonconforming use, Grantor will not cause such nonconforming use to be discontinued or abandoned without the express written consent of Beneficiary, such consent not to be unreasonably withheld or delayed. Grantor shall not (i) change the use of the Land in any material respect or (ii) permit or suffer to occur any waste on or to the Trust Property or to any portion thereof.

Appears in 1 contract

Samples: Discovery Zone Inc

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