Common use of Maintenance, Repair, Alterations Clause in Contracts

Maintenance, Repair, Alterations. To keep or cause 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 remove, demolish or substantially alter (except such alterations as may be required by Laws or as otherwise expressly permitted hereby) any of the Improvements; to promptly restore or complete, in good and workmanlike manner and in compliance with all Laws, private covenants and insurance requirements, any Improvements and or Personal Property which may be damaged or destroyed by 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, covenants, conditions and restrictions now or hereafter affecting the 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 Mortgaged Property (ordinary wear and tear excepted); to keep and maintain abutting grounds, sidewalks, roads, parking and 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 Mortgaged Property in violation of any Law; and not to permit the Mortgaged Property to become abandoned or unguarded.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Glimcher Realty Trust)

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Maintenance, Repair, Alterations. To Grantor shall keep or cause to be kept the Mortgaged Property Collateral 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 Grantor shall not remove, demolish or substantially alter (except such alterations as may be required by Laws or as otherwise expressly permitted hereby) any of the ImprovementsImprovements except upon Grantee's prior written consent; provided, however, that no such consent shall be required where such removal, demolition or substantial alteration either does not materially diminish the value of the affected Improvements or is followed by prompt construction or delivery of replacement Improvements of equal or greater value to the Improvements removed, demolished or substantially altered. Grantor shall complete promptly restore or complete, and in a good and workmanlike manner and in compliance with all Laws, private covenants and insurance requirements, any Improvements which may be now or hereafter constructed on the Premises and or Personal Property promptly restore in like manner any portion of the Improvements which may be damaged or destroyed by casualty (whether or not insured against or insurable) or by thereon from 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 purposecause whatsoever, and to promptly pay when due all claims for labor performed and materials furnished therefor; to Grantor shall comply in all material respects with all Lawslaws, ordinances, regulations, covenants, conditions and restrictions now or hereafter affecting the Mortgaged Property Collateral or any part thereof or requiring any alterations or improvements, whether foreseen PROVIDED, HOWEVER, that Grantor shall be entitled to contest in good faith such laws, ordinances, regulations, covenants, conditions and restrictions so long as the Premises are not subject to forfeiture and there is no risk of criminal liability to Grantor or unforeseen, including but Grantee; Grantor shall 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 Mortgaged Property (ordinary wear and tear excepted)Collateral; to keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good and neat order and repair; to Grantor shall comply with the provisions of any Leaselease, if this Security Deed is on a leasehold; and Grantor shall not to commit, suffer or permit any act to be done in or upon the Mortgaged Property Premises in violation of any Law; and not to permit the Mortgaged Property to become abandoned law, ordinance or unguardedregulation.

Appears in 1 contract

Samples: Credit Agreement (Blue Bird Corp)

Maintenance, Repair, Alterations. To The Grantor covenants and agrees to keep or cause to be kept the Mortgaged Property Trust Estate in good condition conditions and in a rentable and tenantable state of repair; not 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 remove, demolish or substantially alter (except such alterations as may be required by Laws laws, ordinances or regulations or as otherwise expressly permitted herebymay not materially adversely affect the value of the Improvements and except such non-structural demolition and renovation of tenant space as may be deemed necessary or appropriate by the Grantor in connection with preparing such space for leasing) any of the Improvements; to complete promptly restore or complete, and in a good and workmanlike manner and in compliance with all Laws, private covenants and insurance requirements, any Improvements and or Personal Property to promptly restore in like manner any of the Improvements which may be damaged or destroyed by 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 Lawslaws, ordinances, regulations, covenants, conditions and restrictions now or hereafter affecting the Mortgaged Property Trust Estate 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 Mortgaged Property (ordinary wear and tear excepted)Trust Estate; to keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas located on the Property in good and neat order and repair; to comply with the provisions of any Leaselease, if this Deed of trust is on a leasehold; not to commit, suffer or permit any act to be done in or upon the Mortgaged Property Trust Estate in violation of any Law; law, ordinance or regulation or provision of any lease the violation of which could result in a termination of such leasehold. Notwithstanding the foregoing, the Grantor's obligation to repair and not restore the Improvements following any casualty damage or any Condemnation (as defined in Section 1.14 below) shall be subject to permit the Mortgaged Property to become abandoned or unguardedterms and provisions in Sections 1.05 and 1.14 below.

Appears in 1 contract

Samples: Master Security Agreement (Fountain Powerboat Industries Inc)

Maintenance, Repair, Alterations. To Fine Host shall: (i) keep or cause to be kept the Mortgaged Property Estate in good condition and in a rentable repair, subject to reasonable and tenantable state of repairordinary wear and tear; 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 (ii) not remove, demolish or substantially alter (except such alterations as may be required by Laws or as otherwise expressly permitted hereby) any of the Improvements, except in preparation of the interior of the Improvements for new tenants in a manner which complies with all building codes, health codes and other applicable laws, ordinances, and regulations, and all covenants, conditions or restrictions affecting the Mortgaged Estate; to (iii) complete promptly restore or complete, and in a good and workmanlike manner any improvement, construction or restoration on the Property and in compliance with all Laws, private covenants and insurance requirements, any Improvements and or Personal Property which may be damaged or destroyed by 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 (iv) comply with all Lawslaws, ordinances, regulations, covenants, conditions and restrictions now or hereafter affecting the Mortgaged Property Estate or any part thereof or requiring any alterations or improvements, whether foreseen or unforeseenthereof, including but not limited without limitation, the Americans with Disabilities Act and the Fair Housing Act, if applicable 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 Mortgaged Property Estate, 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; (ordinary wear and tear excepted); to v) keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good and neat order and repair; to comply with the provisions of any Lease; and (vi) not to commit, suffer or permit any act to be done in or upon the Mortgaged Property Estate in violation of any Lawlaw, ordinance or regulation (except as otherwise provided in clause (iv) above). Fine Host shall have the right to contest by appropriate legal proceedings, at Fine Host's expense and without cost or expense to the Administrative Agent, the validity of any laws, ordinances, orders, rules, regulations, covenants, conditions or restrictions affecting the Mortgaged Estate or the business conducted on the Property if compliance therewith is legally 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 not 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 permit the Mortgaged Property to become abandoned or unguardedcompletion.

Appears in 1 contract

Samples: Security Agreement (Fine Host Corp)

Maintenance, Repair, Alterations. To Mortgagor covenants and agrees to keep or cause to be kept the Mortgaged Property Premises in good order and 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; not to not remove, demolish or substantially alter (except such alterations as may be required by Laws laws, ordinances or as otherwise expressly permitted herebyregulations) any of the Improvements; to complete promptly and in good workmanlike manner any building or other Improvements which may be constructed on the Premises and promptly restore or complete, in good and workmanlike like manner and in compliance with all Laws, private covenants and insurance requirements, any Improvements and or Personal Property which may be damaged or destroyed by 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 purposethereon, and to promptly pay when due all claims for labor performed and materials furnished therefor; to comply with all Lawslaws, ordinances, regulations, covenants, conditions and restrictions now or hereafter affecting the Mortgaged Property Premises 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 individualsImprovements; not to commit or permit any waste or deterioration of the Mortgaged Property (ordinary wear and tear excepted)Premises; to keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good and neat order and repair; to comply with the provisions of any Leaselease of all or any part of the Premises; not to commit, suffer or permit any act to be done in or upon the Mortgaged Property Premises in violation of any Lawlaw, ordinance or regulation; and not to permit the Mortgaged Property Premises to become abandoned vacant, deserted or unguarded.

Appears in 1 contract

Samples: Reimbursement Agreement (Lannett Co Inc)

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Maintenance, Repair, Alterations. To Trustor hereby covenants and agrees 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; not 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 remove, demolish or substantially materially alter (except such alterations as may be required by Laws laws, ordinances, or as otherwise expressly permitted herebyregulations) any buildings or fixtures constituting part of the ImprovementsImprovements 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 that the fair rental value of the Improvements immediately prior to such alteration; to complete promptly restore or complete, and in good and workmanlike manner and in compliance with all Laws, private covenants and insurance requirements, any Improvements and or Personal Property improvement which may be constructed on the Project and, to the extend provided in the Master Resolution and in the Lease, promptly restore in like manner any Improvements which may ve damaged or destroyed by 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 purposethereon, and to promptly pay when due all claims for labor performed and materials furnished therefor; , to comply with all Lawslaws, ordinances, regulations, covenants, conditions and restrictions now or hereafter affecting the Mortgaged Property Trust Estate or any part thereof or of 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 Mortgaged Property (ordinary wear and tear excepted); Trust Estate, to keep and maintain abutting or cause to be kept and maintained, grounds, sidewalks, roads, parking and landscape landscaped 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 Mortgaged Property Trust Estate in violation of any Law; law, ordinance or regulation. Trustee, upon presentation to it an affidavit signed by Beneficiary, setting forth facts showing a default by Trustor under this section, is authorized to accept as true and not conclusive all facts and statements therein, and to permit the Mortgaged Property to become abandoned or unguardedact thereon hereunder.

Appears in 1 contract

Samples: Rents and Security Agreement

Maintenance, Repair, Alterations. To Trustor hereby covenants and agrees 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; not 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 remove, demolish or substantially materially alter (except such alterations as may be required by Laws laws, ordinances or as otherwise expressly permitted herebyregulations) any buildings or fixtures constituting part of the ImprovementsImprovements 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 restore or complete, and in good and workmanlike manner any improvement which may be constructed on the Project and, to the extent provided in the Indenture and in compliance with all Lawsthe Master Lease, private covenants and insurance requirements, promptly restore in like manner any Improvements and or Personal Property which may be damaged or destroyed by 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 purposethereon, and to promptly pay when due all claims for labor performed and materials furnished therefor; , to comply with all Lawslaws, ordinances, regulations, covenants, conditions and restrictions now or hereafter affecting the Mortgaged Property Trust Estate 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 Mortgaged Property (ordinary wear and tear excepted); Trust Estate, to keep and maintain abutting or cause to be kept and maintained, grounds, sidewalks, roads, parking and landscape landscaped 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 Mortgaged Property Trust Estate in violation of any Law; 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 not conclusive all facts and statements therein, and to permit the Mortgaged Property to become abandoned or unguardedact thereon hereunder.

Appears in 1 contract

Samples: And Security Agreement

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