Common use of Maintenance, Repairs and Modifications Clause in Contracts

Maintenance, Repairs and Modifications. Lessee shall, at its own expense, maintain, preserve and keep the Project in good repair, working order and condition, and shall from time to time make all repairs, replacements and improvements necessary to keep the Project in such condition. Lessor shall have no responsibility for any repairs, replacements or improvements. In addition, Lessee shall, at its own expense, have the right to remodel any portion of the Project or to make additions, modifications and improvements thereto. All such additions, modifications and improvements shall thereafter comprise part of the Project and be subject to the provisions of this Lease; provided, however, that Lessee may install at its own expense any furniture, furnishings, trade fixtures and business equipment and such furniture, furnishings, trade fixtures and business equipment (specifically excluding lighting fixtures and heating, ventilating and air conditioning equipment and wiring within conduits) shall remain the property of Lessee and shall not be subject to the provisions of this Lease. Such additions, modifications and improvements shall not in any way damage the Project nor cause it to be used for purposes other than those permitted by this Lease and authorized under the provisions of municipal, state and federal law. The Project, upon completion of any additions, modifications and improvements made pursuant to this Section, shall be of a value which is not substantially less than the value of the Project immediately prior to the making of such additions, modifications and improvements. Any property for which a substitution or replacement is made pursuant to this Section may be disposed of by Lessee in such manner and on such terms as are determined by Lessee. Lessee will not permit any mechanic’s or other lien to be established or remain against the Project for labor or materials furnished in connection with any remodeling, additions, modifications, improvements, repairs, renewals or replacements made by Lessee pursuant to this Section; provided that if any such lien is established and Lessee shall first notify Lessor of Lessee’s intention to do so, Lessee may in good faith contest any lien filed or established against the Project, and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom unless Lessor shall notify Lessee that, in the opinion of Counsel, by nonpayment of any such item the interest of Lessor in the Project will be materially endangered or the Project or any part thereof will be subject to loss or forfeiture, in which event Lessee shall promptly pay and cause to be satisfied and discharged all such unpaid items or provide Lessor with full security against any such loss or forfeiture, in form satisfactory to Lessor. Lessor will cooperate fully with Lessee in any such contest, upon request and at the expense of Lessee.

Maintenance, Repairs and Modifications. Lessee shallwill, at its own expense, maintain, preserve and keep the Project in good repair, working order and condition, normal wear and shall tear excepted, and will from time to time make all repairs, replacements and improvements necessary to keep the Project in such condition. Lessor shall have has no responsibility for any repairs, replacements or improvements. In addition, Lessee shallwill, at its own expense, have the right to remodel any portion of the Project Facility or to make additions, modifications and improvements thereto. All such additions, modifications and improvements shall will thereafter comprise part of the Project and be subject to the provisions of this Lease; provided, however, that Lessee may install at its own expense any furniture, furnishings, trade fixtures and business equipment and such furniture, furnishings, trade fixtures and business equipment (specifically excluding lighting fixtures and heating, ventilating and air conditioning equipment and wiring within conduits) shall will remain the property of Lessee and shall will not be subject to the provisions of this Lease. Such additions, modifications and improvements shall will not in any way damage the Project Facility nor cause it to be used for purposes other than those permitted by this Lease and authorized under the provisions of municipal, state and federal law. The Project, upon completion of any additions, modifications and improvements made pursuant to this Section, shall will be of a value which is not substantially less than the value of the Project immediately prior to the making of such additions, modifications and improvements. Any property for which a substitution or replacement is made pursuant to this Section may be disposed of by Lessee in such manner and on such terms as are determined by Lessee. Lessee will not permit any mechanic’s or other lien to be established or remain against the Project for labor or materials furnished in connection with any remodeling, additions, modifications, improvements, repairs, renewals or replacements made by Lessee pursuant to this Section; provided that if any such lien is established and Lessee shall will first notify Lessor of Lessee’s intention to do so, Lessee may in good faith contest any lien filed or established against the Project, and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom unless Lessor shall will notify Lessee that, in the opinion of Counsel, by nonpayment of any such item the interest of Lessor in the Project will be materially endangered or the Project or any part thereof will be subject to loss or forfeiture, in which event Lessee shall will promptly pay and cause to be satisfied and discharged all such unpaid items or provide Lessor with full security against any such loss or forfeiture, in form satisfactory to Lessor. Lessor will cooperate fully with Lessee in any such contest, upon request and at the expense of Lessee. Notwithstanding any provisions to the contrary herein, Lessee may, subject to the prior written consent of Lessor, which consent shall not be unreasonably withheld, undertake the demolition of the Facility in accordance with applicable municipal, state and federal law.

Maintenance, Repairs and Modifications. Lessee shall, at its own expense, maintain, preserve and keep the Project in good repair, working order and condition, and shall from time to time make all repairs, replacements and improvements necessary to keep the Project in such condition. Lessor shall have no responsibility for any repairs, replacements or improvements. In addition, Lessee shall, at its own expense, have the right to remodel any portion of the Project or to make additions, modifications and improvements thereto. All such additions, modifications and improvements shall thereafter comprise part of the Project and be subject to the provisions of this Lease; provided, however, that Lessee may install at its own expense any furniture, furnishings, trade fixtures and business equipment and such furniture, furnishings, trade fixtures and business equipment (specifically excluding lighting fixtures and heating, ventilating and air conditioning equipment and wiring within conduits) shall remain the property of Lessee and shall not be subject to the provisions of this Lease. Such additions, modifications and improvements shall not in any way damage the Project nor cause it to be used for purposes other than those permitted by this Lease and authorized under the provisions of municipal, state and federal law. The Project, upon completion of any additions, modifications and improvements made pursuant to this Section, shall be of a value which is not substantially less than the value of the Project immediately prior to the making of such additions, modifications and improvements. Any property for which a substitution or replacement is made pursuant to this Section may be disposed of by Lessee in such manner and on such terms as are determined by Lessee. Lessee will not permit any mechanic’s or other lien to be established or remain against the Project for labor or materials furnished in connection with any remodeling, additions, modifications, improvements, repairs, renewals or replacements made by Lessee pursuant to this Section; provided that if any such lien is established and Lessee shall first notify Lessor of LesseeXxxxxx’s intention to do so, Lessee may in good faith contest any lien filed or established against the Project, and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom unless Lessor shall notify Lessee that, in the opinion of Counsel, by nonpayment of any such item the interest of Lessor in the Project will be materially endangered or the Project or any part thereof will be subject to loss or forfeiture, in which event Lessee shall promptly pay and cause to be satisfied and discharged all such unpaid items or provide Lessor with full security against any such loss or forfeiture, in form satisfactory to Lessor. Lessor will cooperate fully with Lessee in any such contest, upon request and at the expense of LesseeXxxxxx.

Maintenance, Repairs and Modifications. Lessee shallThe City will, at its own expense, maintain, preserve and keep the Project Facilities in good repair, working order and condition, and shall will from time to time make all repairs, replacements and improvements necessary to keep the Project Facilities in such condition. Lessor shall have The Bank has no responsibility for any repairs, replacements or improvements. In addition, Lessee shallthe City will, at its own expense, have the right to remodel any portion of the Project Improvements or to make additions, modifications and improvements thereto. All such additions, modifications and improvements shall will thereafter comprise part of the Project Facilities and be subject to the provisions of this LeaseLease Purchase Agreement; provided, however, that Lessee the City may install at its own expense any furniture, furnishings, trade fixtures and business equipment and such furniture, furnishings, trade fixtures and business equipment (specifically excluding lighting fixtures and heating, ventilating and air conditioning equipment and wiring within conduits) shall will remain the property of Lessee the City and shall will not be subject to the provisions of this LeaseLease Purchase Agreement. Such additions, modifications and improvements shall will not in any way damage the Project Improvements nor cause it to be used for purposes other than those permitted by this Lease Purchase Agreement and authorized under the provisions of municipal, state and federal law. The ProjectFacilities, upon completion of any additions, modifications and improvements made pursuant to this Section, shall will be of a value which is not substantially less than the value of the Project Facilities immediately prior to the making of such additions, modifications and improvements. Any property for which a substitution or replacement is made pursuant to this Section may be disposed of by Lessee the City in such manner and on such terms as are determined by Lesseethe City. Lessee The City will not permit any mechanic’s or other lien to be established or remain against the Project Facilities for labor or materials furnished in connection with any remodeling, additions, modifications, improvements, repairs, renewals or replacements made by Lessee the City pursuant to this Section; provided that if any such lien is established and Lessee shall the City will first notify Lessor the Bank of Lesseethe City’s intention to do so, Lessee the City may in good faith contest any lien filed or established against the ProjectFacilities, and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom unless Lessor shall the Bank will notify Lessee the City that, in the opinion of Counsel, by nonpayment of any such item the interest of Lessor the Bank in the Project Facilities will be materially endangered or the Project Facilities or any part thereof will be subject to loss or forfeiture, in which event Lessee shall the City will promptly pay and cause to be satisfied and discharged all such unpaid items or provide Lessor the Bank with full security against any such loss or forfeiture, in form satisfactory to Lessorthe Bank. Lessor The Bank will cooperate fully with Lessee the City in any such contest, upon request and at the expense of Lesseethe City.