Common use of Modifications and Substitutions Clause in Contracts

Modifications and Substitutions. (a) Borrower will not make any material alterations, modifications or additions to the Mortgaged Property, other than in connection with the acquisition and construction of the Project, which cannot be removed without materially damaging the functional capabilities or economic value of the Mortgaged Property. Upon return of the Mortgaged Property, to Lender and at the request of Lender, Borrower, at its sole cost and expense, will remove all alterations, modifications and additions and repair the Mortgaged Property as necessary to return the Mortgaged Property to the condition in which it was furnished, ordinary wear and tear and permitted modifications excepted. (b) Notwithstanding the provisions of subparagraph (a) of this section, Borrower may, with the prior written consent of Lender, substitute for parts, elements, portions or all of the Mortgaged Property other parts, elements, portions, equipment or facilities; provided, however, that any substitutions made pursuant to Borrower's obligations to make repairs referenced under any provision of this Agreement shall not require such prior written consent. Borrower shall provide such documents or assurances as Lender may reasonably request to maintain or confirm the security interest assigned to Lender in the Project as so modified or substituted.

Modifications and Substitutions. (a) Borrower will not The Sub-Lessee shall not, without the prior written consent of the Lessor, make any material alterations, modifications or additions to the Mortgaged Property, other than in connection with the acquisition and construction of the Project, which Equipment that cannot be removed without materially damaging the functional capabilities or economic value of the Mortgaged PropertyEquipment. Upon return of the Mortgaged PropertyEquipment to the Lessor in accordance with Section 14.02, to Lender and at the request of Lenderthe Lessor, Borrowerthe Sub-Lessee, at its sole cost and expense, will shall remove all alterations, modifications and additions and repair the Mortgaged Property Equipment as necessary to return the Mortgaged Property Equipment to the condition in which it was furnished, ordinary wear and tear and permitted modifications excepted. (b) Notwithstanding the provisions of subparagraph subsection (a) of this sectionSection, Borrower the Sub-Lessee may, with the prior written consent of Lenderthe Lessor, substitute for parts, elements, portions or all of the Mortgaged Property Equipment, other parts, elements, portions, equipment or facilities; provided, however, that any substitutions made pursuant to Borrower's the Sub-Lessee’s obligations to make repairs referenced under any provision of this Agreement Section 9.01 or 10.01 hereof shall not require such prior written consent. Borrower The Sub-Lessee shall provide such documents or assurances as Lender the Lessor may reasonably request to maintain or confirm the Lessor’s security interest assigned to Lender in the Project Equipment as so modified or substituted.

Modifications and Substitutions. (a) Borrower will shall not without the prior written consent of Lender make any material alterations, modifications modifications, additions, substitutions, subtractions or additions improvements to the Mortgaged Property, other than in connection with the acquisition and construction of the Project, Equipment which cannot be removed without materially damaging the functional capabilities or economic value of the Mortgaged PropertyEquipment. Upon return In the event in the exercise of the Mortgaged Property, to Lender and at Lender’s remedies the request of Equipment is taken by Lender, Borrower, at its sole cost and expense, and at the request of Lender, will remove all alterations, modifications and additions and repair the Mortgaged Property Equipment as necessary to return the Mortgaged Property Equipment to the condition in which it was furnished, ordinary wear and tear and permitted modifications excepted. (b) Notwithstanding the provisions of subparagraph (a) of this sectionSection, Borrower may, with the prior written consent of Lender, substitute for parts, elements, portions or all of the Mortgaged Property Equipment, other parts, elements, portions, equipment or facilities; provided, however, that any substitutions made pursuant to Borrower's ’s obligations to make repairs referenced under any provision of this Agreement Section 8.1 or 9.1 hereof shall not require such prior written consent. Borrower shall make any such permitted substitutions using only parts, elements, equipment or other material of equal quality to those contained in the Equipment as originally delivered to Borrower by the Vendor thereof. Borrower shall provide such documents or assurances as Lender may reasonably request to maintain or confirm the Xxxxxx’s security interest assigned to Lender in the Project Equipment as so modified or substituted.

Modifications and Substitutions. (a) Borrower will not The Sub-Lessee shall not, without the prior written consent of the Lessor, make any material alterations, modifications or additions to the Mortgaged Property, other than in connection with the acquisition and construction of the Project, which Equipment that cannot be removed without materially damaging the functional capabilities or economic value of the Mortgaged PropertyEquipment. Upon return of the Mortgaged PropertyEquipment to the Lessor in accordance with Section 14.02, to Lender and at the request of Lenderthe Lessor, Borrowerthe Sub-Lessee, at its sole cost and expense, will shall remove all alterations, modifications and additions and repair the Mortgaged Property Equipment as necessary to return the Mortgaged Property Equipment to the condition in which it was furnished, ordinary wear and tear and permitted modifications excepted.. DRAFT (b) Notwithstanding the provisions of subparagraph subsection (a) of this sectionSection, Borrower the Sub-Lessee may, with the prior written consent of Lenderthe Lessor, substitute for parts, elements, portions or all of the Mortgaged Property Equipment, other parts, elements, portions, equipment or facilities; provided, however, that any substitutions made pursuant to Borrower's the Sub-Lessee’s obligations to make repairs referenced under any provision of this Agreement Section 9.01 or 10.01 hereof shall not require such prior written consent. Borrower The Sub-Lessee shall provide such documents or assurances as Lender the Lessor may reasonably request to maintain or confirm the Lessor’s security interest assigned to Lender in the Project Equipment as so modified or substituted.

Modifications and Substitutions. (a) Borrower will Lessee shall not without the prior written consent of Lessor make any material alterations, modifications modifications, additions, substitutions, subtractions or additions improvements to the Mortgaged Property, other than in connection with the acquisition and construction of the Project, Equipment which cannot be removed without materially damaging the functional capabilities or economic value of the Mortgaged PropertyEquipment. Upon return In the event in the exercise of the Mortgaged PropertyLessor’s remedies the Equipment is taken by Lessor, to Lender and at the request of Lender, BorrowerLessee, at its sole cost and expense, and at the request of Lessor, will remove all alterations, modifications and additions and repair the Mortgaged Property Equipment as necessary to return the Mortgaged Property Equipment to the condition in which it was furnished, ordinary wear and tear and permitted modifications excepted. (b) Notwithstanding the provisions of subparagraph (a) of this sectionSection, Borrower Lessee may, with the prior written consent of LenderLessor, substitute for parts, elements, portions or all of the Mortgaged Property Equipment, other parts, elements, portions, equipment or facilities; provided, however, that any substitutions made pursuant to Borrower's Lessee’s obligations to make repairs referenced under any provision of this Agreement Section 8.1 or 9.1 hereof shall not require such prior written consent. Borrower Lessee shall make any such permitted substitutions using only parts, elements, equipment or other material of equal quality to those contained in the Equipment as originally delivered to Lessee by the Vendor thereof. Lessee shall provide such documents or assurances as Lender Lessor may reasonably request to maintain or confirm the Xxxxxx’s security interest assigned to Lender in the Project Equipment as so modified or substituted.