Common use of Maintenance, Repair, Alterations Clause in Contracts

Maintenance, Repair, Alterations. Trustor hereby covenants and agrees to keep the Trust Estate or cause the Trust Estate to be kept in good condition and repair; not to remove, demolish or materially alter (except such alterations as may be required by laws, ordinances or regulations) any buildings or fixtures constituting part of the Improvements in such a manner as to in any way damage the Improvements or in any way reduce the fair rental value of the Improvements to less than the fair rental value of the Improvements immediately prior to such alteration; to complete promptly and in good and workmanlike manner any improvement which may be constructed on the Property and, to the extent provided in the Master Resolution and in the Lease, promptly restore in like manner any Improvements which may be damaged or destroyed thereon, and to pay when due all claims for labor performed and materials furnished therefor, to comply with all laws, ordinances, regulations, covenants, conditions and restrictions now or hereafter affecting the Trust Estate or any part thereof or requiring any alterations or improvements; not to commit or permit any waste or deterioration of the Trust Estate, to keep and maintain or cause to be kept and maintained, grounds, sidewalks, roads, parking and landscaped areas in good and neat order and repair; not to commit, suffer or permit any act to be done in or upon the Trust Estate in violation of any law, ordinance or regulation. Trustee, upon presentation to it of an affidavit signed by Beneficiary, setting forth facts showing a default by Trustor under this Section, is authorized to accept as true and conclusive all facts and statements therein, and to act thereon hereunder.

Maintenance, Repair, Alterations. Trustor hereby The Grantor covenants and agrees to keep the Trust Estate or cause the Trust Estate to be kept in good condition conditions and repair; not to remove, demolish or materially substantially alter (except such alterations as may be required by laws, ordinances or regulations) any buildings regulations or fixtures constituting part of as may not materially adversely affect the Improvements in such a manner as to in any way damage the Improvements or in any way reduce the fair rental value of the Improvements to less than and except such non-structural demolition and renovation of tenant space as may be deemed necessary or appropriate by the fair rental value Grantor in connection with preparing such space for leasing) any of the Improvements immediately prior to such alterationImprovements; to complete promptly and in a good and workmanlike manner any improvement which may be constructed on the Property and, Improvements and to the extent provided in the Master Resolution and in the Lease, promptly restore in like manner any of the Improvements which may be damaged or destroyed thereon, and to pay when due all claims for labor performed and materials furnished therefor, ; to comply with all laws, ordinances, regulations, covenants, conditions and restrictions now or hereafter affecting the Trust Estate or any part thereof or requiring any alterations or improvements; not to commit or permit any waste or deterioration of the Trust Estate, ; to keep and maintain or cause to be kept and maintained, grounds, sidewalks, roads, parking and landscaped landscape areas located on the Property in good and neat order and repair; to comply with the provisions of any lease, if this Deed of trust is on a leasehold; not to commit, suffer or permit any act to be done in or upon the Trust Estate in violation of any law, ordinance or regulationregulation or provision of any lease the violation of which could result in a termination of such leasehold. TrusteeNotwithstanding the foregoing, upon presentation the Grantor's obligation to it of an affidavit signed by Beneficiary, setting forth facts showing a default by Trustor under this Section, is authorized repair and restore the Improvements following any casualty damage or any Condemnation (as defined in Section 1.14 below) shall be subject to accept as true the terms and conclusive all facts provisions in Sections 1.05 and statements therein, and to act thereon hereunder1.14 below.

Maintenance, Repair, Alterations. Trustor hereby Mortgagor covenants and agrees to keep the Trust Estate Premises in good order and condition and in a rentable and tenantable state of repair; to make or cause the Trust Estate to be kept in good condition made, as and repairwhen necessary, all repairs, renewals and replacements, structural and non-structural, exterior and interior, ordinary and extraordinary, foreseen and unforeseen; not to remove, demolish or materially alter (except such alterations as may be required by laws, ordinances or regulations) any buildings or fixtures constituting part of the Improvements in such a manner as to in any way damage the Improvements or in any way reduce the fair rental value of the Improvements to less than the fair rental value of the Improvements immediately prior to such alterationImprovements; to complete promptly and in good and workmanlike manner any improvement building or other Improvements which may be constructed on the Property and, to the extent provided in the Master Resolution Premises and in the Lease, promptly restore in like manner any Improvements which may be damaged or destroyed thereon, and to pay when due all claims for labor performed and materials furnished therefor, ; to comply with all laws, ordinances, regulations, covenants, conditions and restrictions now or hereafter affecting the Trust Estate Premises or any part thereof or requiring any alterations or improvementsImprovements; not to commit or permit any waste or deterioration of the Trust Estate, Premises; to keep and maintain or cause to be kept and maintained, abutting grounds, sidewalks, roads, parking and landscaped landscape areas in good and neat order and repair; to comply with the provisions of any lease of all or any part of the Premises; not to commit, suffer or permit any act to be done in or upon the Trust Estate Premises in violation of any law, ordinance or regulation. Trustee; not to permit the Premises to become vacant, upon presentation to it of an affidavit signed by Beneficiary, setting forth facts showing a default by Trustor under this Section, is authorized to accept as true and conclusive all facts and statements therein, and to act thereon hereunderdeserted or unguarded.

Maintenance, Repair, Alterations. Trustor hereby covenants and agrees to Fine Host shall: (i) keep the Trust Mortgaged Estate or cause the Trust Estate to be kept in good condition and repair, subject to reasonable and ordinary wear and tear; (ii) not to remove, demolish or materially substantially alter (any of the Improvements, except such alterations as may be required by laws, ordinances or regulations) any buildings or fixtures constituting part in preparation of the interior of the Improvements for new tenants in such a manner as to in any way damage which complies with all building codes, health codes and other applicable laws, ordinances, and regulations, and all covenants, conditions or restrictions affecting the Improvements or in any way reduce the fair rental value of the Improvements to less than the fair rental value of the Improvements immediately prior to such alterationMortgaged Estate; to (iii) complete promptly and in a good and workmanlike manner any improvement which may be constructed improvement, construction or restoration on the Property and, to the extent provided in the Master Resolution and in the Lease, promptly restore in like manner any Improvements which may be damaged or destroyed thereon, and to pay when due all claims for labor performed and materials furnished therefor, to ; (iv) comply with all laws, ordinances, regulations, covenants, conditions and restrictions now or hereafter affecting the Trust Mortgaged Estate or any part thereof or requiring any alterations or improvements; not thereof, including without limitation, the Americans with Disabilities Act and the Fair Housing Act, if applicable to commit or permit any waste or deterioration of the Trust Mortgaged Estate, to and all regulations promulgated pursuant thereto, except for such laws, ordinances, regulations, covenants, conditions and restrictions the violation of which would not, in the aggregate, have a Material Adverse Effect; (v) keep and maintain or cause to be kept and maintained, grounds, sidewalks, roads, parking and landscaped landscape areas in good and neat order and repair; and (vi) not to commit, suffer or permit any act to be done in or upon the Trust Mortgaged Estate in violation of any law, ordinance or regulationregulation (except as otherwise provided in clause (iv) above). TrusteeFine Host shall have the right to contest by appropriate legal proceedings, upon presentation at Fine Host's expense and without cost or expense to it the Administrative Agent, the validity of an affidavit signed by Beneficiaryany laws, setting forth facts showing a default by Trustor under this Sectionordinances, orders, rules, regulations, covenants, conditions or restrictions affecting the Mortgaged Estate or the business conducted on the Property if compliance therewith is authorized to accept as true and conclusive all facts and statements thereinlegally held in abeyance without the incurrence of any charge or lien against the Mortgaged Estate, and further provided such noncompliance or contest shall not otherwise adversely affect the validity or priority of this Mortgage; and in such event Fine Host may postpone compliance therewith until the final determination of any such proceedings, provided that Fine Host shall at all times prosecute such proceedings diligently and in good faith to act thereon hereundercompletion.

Maintenance, Repair, Alterations. Trustor hereby covenants Borrower shall maintain and agrees to keep preserve the Trust Estate or cause the Trust Estate to be kept in good condition and repairrepair and in a prudent and businesslike manner; Borrower, except upon the prior written consent of Lender, shall not to remove, demolish or materially substantially alter (except such alterations as may be required by laws, ordinances or regulations) any buildings or fixtures constituting part of the Improvements Improvements, other than to make repairs in such the ordinary course of business of a manner as non- structural nature which serve to in any way damage preserve or increase the Improvements or in any way reduce the fair rental value of the Improvements to less than the fair rental value of the Improvements immediately prior to such alterationPremises; to Borrower shall complete promptly and in a good and workmanlike manner any improvement which may be now or hereafter constructed on the Property and, to the extent provided in the Master Resolution Premises and in the Lease, promptly restore in like manner any Improvements Improvement which may be damaged or destroyed thereonthereon from any cause whatsoever, and to pay when due all claims for labor performed and materials furnished therefor, to ; Borrower shall comply with all a11 laws, ordinances, rules. regulations, covenants, conditions conditions, restrictions and restrictions orders of any governmental authority now or hereafter affecting the conduct or operation of Borrower's business or the Trust Estate or any part thereof or requiring any alterations alteration or improvementsimprovement to be made thereon; Borrower shall not to commit or permit any waste or deterioration of the Trust Estate, to and shall keep and maintain or cause to be kept and maintained, abutting grounds, sidewalks, roads, parking and landscaped landscape areas in good and neat order and repair; Borrower will not take (or fail to committake) any action, suffer which if taken (or permit not so taken) would increase in any act way the risk of fire or other hazard occurring to be done or affecting the Premises or otherwise would impair the security of Lender in or upon the Trust Estate; Borrower shall comply with the provisions of all leases, if any, constituting a portion of the Trust Estate; Borrower shall not abandon the Trust Estate or any portion thereof or leave the Premises vacant or deserted; Borrower shall not initiate, join in violation or consent to any change in any zoning ordinance, general plan, specific plan, private restrictive covenant or other public or private restriction limiting the uses which may be made of the Premises by Borrower or by the owner thereof; Borrower shall secure and maintain in full force and effect a11 permits necessary for the use, occupancy and operation of the Trust Estate; except as otherwise prohibited or restricted by the Financing Documents, or any lawof them, ordinance Borrower shall do any and all other acts which may be reasonably necessary to protect or regulationpreserve the value of the Trust Estate and the rights of Trustee and Lender with respect thereto. TrusteeBorrower hereby agrees that Lender may conduct from time to time through representatives of its own choice, upon presentation to it reasonable notice at reasonable times, on-site inspections and observations (1) the maintenance and repair of an affidavit signed by Beneficiarythe Trust Estate, setting forth facts showing including a default by Trustor under this Sectionreview of all maintenance and repair programs and practices and all reports and records, is authorized to accept as true and conclusive all facts and statements thereinincluding the records of expenditures relating thereto, and to act thereon hereunder.(2) such other

Maintenance, Repair, Alterations. Trustor hereby covenants and agrees to To keep the Trust Estate or cause the Trust Estate to be kept the Mortgaged Property in good condition and in a rentable and tenantable state of repair; to make or cause to be made, as and when necessary, all repairs, renewals and replacements, structural and non-structural, exterior and interior, ordinary and extraordinary, foreseen and unforeseen; to not to remove, demolish or materially substantially alter (except such alterations as may be required by laws, ordinances Laws or regulationsas otherwise expressly permitted hereby) any buildings or fixtures constituting part of the Improvements in such a manner as to in any way damage the Improvements or in any way reduce the fair rental value of the Improvements to less than the fair rental value of the Improvements immediately prior to such alterationImprovements; to complete promptly and restore or complete, in good and workmanlike manner any improvement which may be constructed on the Property and, to the extent provided in the Master Resolution and in the Leasecompliance with all Laws, promptly restore in like manner private covenants and insurance requirements, any Improvements and or Personal Property which may be damaged or destroyed thereonby casualty (whether or not insured against or insurable) or by any Condemnation, with Improvements or Personal Property of equivalent value and utility, whether or not the proceeds of insurance required hereunder or the award payable in respect of such Condemnation are sufficient for the purpose or are available to Mortgagor pursuant to Sections 2.05 or 2.13 for such purpose, and to promptly pay when due all claims for labor performed and materials furnished therefor, ; to comply with all laws, ordinances, regulationsLaws, covenants, conditions and restrictions now or hereafter affecting the Trust Estate Mortgaged Property or any part thereof or requiring any alterations or improvements, whether foreseen or unforeseen, including but not limited to those relating to environmental Laws and Laws relating to accessibility to, usability by and discrimination against disabled individuals; not to commit or permit any waste or deterioration of the Trust Estate, Mortgaged Property (ordinary wear and tear excepted); to keep and maintain or cause to be kept and maintained, abutting grounds, sidewalks, roads, parking and landscaped landscape areas in good and neat order and repair; to comply with the provisions of any Lease; not to commit, suffer or permit any act to be done in or upon the Trust Estate Mortgaged Property in violation of any law, ordinance Law; and not to permit the Mortgaged Property to become abandoned or regulation. Trustee, upon presentation to it of an affidavit signed by Beneficiary, setting forth facts showing a default by Trustor under this Section, is authorized to accept as true and conclusive all facts and statements therein, and to act thereon hereunderunguarded.

Maintenance, Repair, Alterations. Trustor hereby covenants and agrees to keep the Trust Estate or cause the Trust Estate to be kept in good condition and repair; not to remove, demolish or materially alter (except such alterations as may be required by laws, ordinances or regulations) any buildings or fixtures constituting part of the Improvements in such a manner as to in any way damage the Improvements or in any way reduce the fair rental value of the Improvements to less than the fair rental value of the Improvements immediately prior to such alteration; to complete promptly and in good and workmanlike manner any improvement which may be constructed on the Property Project and, to the extent provided in the Master Resolution Indenture and in the Master Lease, promptly restore in like manner any Improvements which may be damaged or destroyed thereon, and to pay when due all claims for labor performed and materials furnished therefor, to comply with all laws, ordinances, regulations, covenants, conditions and restrictions now or hereafter affecting the Trust Estate or any part thereof or requiring any alterations or improvements; not to commit or permit any waste or deterioration of the Trust Estate, to keep and maintain or cause to be kept and maintained, grounds, sidewalks, roads, parking and landscaped areas in good and neat order and repair; not to commit, suffer or permit any act to be done in or upon the Trust Estate in violation of any law, ordinance or regulation. Trustee, upon presentation to it of an affidavit signed by Beneficiary, setting forth facts showing a default by Trustor under this Section, is authorized to accept as true and conclusive all facts and statements therein, and to act thereon hereunder.

Maintenance, Repair, Alterations. Trustor hereby covenants and agrees to keep the Trust Estate or cause the Trust Estate to be kept in good condition and repair; not to remove, demolish or materially alter (except such alterations as may be required by laws, ordinances ordinances, or regulations) any buildings or fixtures constituting part of the Improvements in such a manner as to in any way damage the Improvements or in any way reduce the fair rental value of the Improvements to less than that the fair rental value of the Improvements immediately prior to such alteration; to complete promptly and in good and workmanlike manner any improvement which may be constructed on the Property Project and, to the extent extend provided in the Master Resolution and in the Lease, promptly restore in like manner any Improvements which may be ve damaged or destroyed thereon, and to pay when due all claims for labor performed and materials furnished therefor, to comply with all laws, ordinances, regulations, covenants, conditions and restrictions now or hereafter affecting the Trust Estate or any part thereof or of requiring any alterations or improvements; not to commit or permit any waste or deterioration of the Trust Estate, to keep and maintain or cause to be kept and maintained, grounds, sidewalks, roads, parking and landscaped areas in good and neat order and repair; not to commit, suffer or permit any act to be done in or upon the Trust Estate in violation of any law, ordinance or regulation. Trustee, upon presentation to it of an affidavit signed by Beneficiary, setting forth facts showing a default by Trustor under this Sectionsection, is authorized to accept as true and conclusive all facts and statements therein, and to act thereon hereunder.

Maintenance, Repair, Alterations. Trustor hereby covenants and agrees to keep the Trust Estate or cause the Trust Estate to be kept in good condition and repair; not to remove, demolish or materially alter (except such alterations as may be required by laws, ordinances ordinances, or regulations) any buildings or fixtures constituting part of the Improvements in such a manner as to in any way damage the Improvements or in any way reduce the fair rental value of the Improvements to less than that the fair rental value of the Improvements immediately prior to such alteration; to complete promptly and in good and workmanlike manner any improvement which may be constructed on the Property Project and, to the extent provided in the Master Resolution and in the Lease, promptly restore in like manner any Improvements which may be damaged or destroyed thereon, and to pay when due all claims for labor performed and materials furnished therefor, to comply with all laws, ordinances, regulations, covenants, conditions and restrictions now or hereafter affecting the Trust Estate or any part thereof or requiring any alterations or improvements; not to commit or permit any waste or deterioration of the Trust Estate, to keep and maintain or cause to be kept and maintained, grounds, sidewalks, roads, parking and landscaped areas in good and neat order and repair; not to commit, suffer or permit any act to be done in or upon the Trust Estate in violation of any law, ordinance or regulation. Trustee, upon presentation to it of an affidavit signed by Beneficiary, setting forth facts showing a default by Trustor under this Sectionsection, is authorized to accept as true and conclusive all facts and statements therein, and to act thereon hereunder.