Common use of MAINTENANCE, WASTE, AND REPAIR Clause in Contracts

MAINTENANCE, WASTE, AND REPAIR. Mortgagor will (a) maintain the Mortgaged Property in good order and condition; (b) promptly make all necessary structural and non-structural repairs to the Mortgaged Property (PROVIDED THAT, with respect to repairs required as a result of a casualty or Taking, Mortgagee has complied with its obligations (if any) to make insurance proceeds or condemnation award proceeds, as the case may be, available for repairs pursuant to SECTION 3.12); (c) not diminish or materially alter the Improvements, nor erect any new buildings, structures or building additions on the Land, without the prior written consent of Mortgagee (which consent will not be unreasonably withheld or delayed); (d) not remove or permit to be removed any of the Fixtures or Personalty from the Mortgaged Property without the prior written consent of Mortgagee (which consent will not be unreasonably withheld or delayed), unless such items are replaced by articles of equal suitability and value owned by Mortgagor free and clear of any lien or security interest other than the Permitted Encumbrances and any Senior Loan permitted pursuant to this Mortgage; and (e) not permit any waste of the Mortgaged Property or make any change in the use thereof, nor do or permit to be done thereon anything, that may in any way impair the security of this Mortgage.

MAINTENANCE, WASTE, AND REPAIR. Mortgagor will (a) maintain the Mortgaged Property Property, ----------------------------- including the parking, recreational and landscaped parts thereof, in good order and safe order, repair and operating condition; (b) , promptly make all necessary repairs, renewals, replacements, additions and improvements thereto, interior and exterior, structural and non-structural repairs structural, foreseen or unforeseen or otherwise necessary to insure that the Mortgaged Property security granted hereunder and under the Loan Documents shall not in any way be diminished or impaired. Mortgagor will not (PROVIDED THAT, with respect to repairs required as a result of a casualty or Taking, Mortgagee has complied with its obligations (if anyi) to make insurance proceeds or condemnation award proceeds, as the case may be, available for repairs pursuant to SECTION 3.12); (c) not diminish or materially alter the ImprovementsImprovements (other than improvements made by tenants in the ordinary course of business), nor erect any new buildings, structures or building additions on the Land, without the prior written consent of Mortgagee Mortgagee, (which consent will not be unreasonably withheld or delayed); (dii) not remove or permit to be removed any of the Fixtures or other Personalty from the Mortgaged Property Premises without the prior written consent of Mortgagee (which consent will not be unreasonably withheld or delayed), unless such items are replaced by articles of equal suitability and value owned by Mortgagor free and clear of any lien or security interest other than interests and in such a manner that the Permitted Encumbrances replacement or substituted article is subject to the security interests created hereby, it being understood and any Senior Loan permitted pursuant agreed that all replacements, substitutions and additions of and to the Property shall be and become immediately subject to the lien of this Mortgage; Mortgage and covered hereby, (eiii) not permit any waste waste, misuse or deterioration of the Mortgaged Property or make any change in the use thereof, nor do or permit to be done thereon anything, that may in any way impair the security of this Mortgage, or (iv) abandon all or any part of the Property. Mortgagor or an affiliate of Mortgagor will, at all times, directly and exclusively manage the Property itself or use a management company that is approved by Mortgagee to do so.

MAINTENANCE, WASTE, AND REPAIR. Mortgagor will (a) maintain the Mortgaged Property Property, including the parking, recreational and landscaped parts thereof, in good order and safe order, repair and operating condition; (b) , promptly make all necessary repairs, renewals, replacements, additions and improvements thereto, interior and exterior, structural and non-structural repairs structural, foreseen or unforeseen or otherwise necessary to insure that the Mortgaged Property security granted hereunder and under the Loan Documents shall not in any way be materially diminished or impaired. Mortgagor will not (PROVIDED THAT, with respect to repairs required as a result of a casualty or Taking, Mortgagee has complied with its obligations (if anyi) to make insurance proceeds or condemnation award proceeds, as the case may be, available for repairs pursuant to SECTION 3.12); (c) not diminish or materially alter the Improvements, nor erect any new buildings, structures or building additions on the Land, without the prior written consent of Mortgagee Mortgagee, (which consent will not be unreasonably withheld or delayed); (dii) not remove or permit to be removed any of the Fixtures or other Personalty from the Mortgaged Property Premises without the prior written consent of Mortgagee (which consent will not be unreasonably withheld or delayed), unless such items are replaced by articles of equal suitability and value owned by Mortgagor free and clear of any lien or security interest other than interests and in such a manner that the Permitted Encumbrances replacement or substituted article is subject to the security interests created hereby, it being understood and any Senior Loan permitted pursuant agreed that all replacements, substitutions and additions of and to the Property shall be and become immediately subject to the lien of this Mortgage; Mortgage and covered hereby, (eiii) not permit any waste waste, misuse or deterioration of the Mortgaged Property or make any change in the use thereof, nor do or permit to be done thereon anything, that may in any way impair the security of this Mortgage, or (iv) abandon all or any part of the Property. Mortgagor will, at all times, directly and exclusively manage the Property itself or use X.X. Xxxxxx Company, Inc. as a management company or such other management company approved by Mortgagee to do so. Mortgagor will, at all times, maintain a roof maintenance contract in form and substance satisfactory to Mortgagee and with a contractor satisfactory to Mortgagee with respect to that portion of the Premises occupied by the Major Tenants as of the date of this Mortgage pursuant to respective Leases between the Major Tenants and Mortgagor.