Common use of OPERATION OF PROPERTIES, INSPECTION Clause in Contracts

OPERATION OF PROPERTIES, INSPECTION. Borrower and Weeks Corporation ----------------------------------- shall operate and maintain their material properties in good condition and repair (normal wear and tear, casualty and obsolescence excepted), shall not commit or suffer any waste to any of such properties or do or suffer to be done anything which would increase the risk of casualty to any of such properties or any part thereof or which would result in the cancellation of any insurance policy carried with respect to any of such properties. Borrower and Weeks Corporation shall comply promptly with all applicable laws, rules, ordinances, regulations, judgments, governmental determinations, restrictive covenants and easements affecting any of such properties or any part thereof (the REQUIREMENTS") and shall cause such properties to comply at all times and in ------------- all respects with all Requirements, and shall at all times operate such properties, and perform any construction of any portion thereof, in all respects in accordance with all Requirements, except in each case where failure to do so would not have a material adverse effect on the financial condition, operations or properties of Borrower and the Related Parties (all of the foregoing taken as a whole) or Borrower (standing alone). Borrower and Weeks Corporation shall promptly repair, restore or replace any part of such properties which may be damaged by fire or other casualty or which may be affected by any condemnation proceeding, except where such repair, restoration, or replacement is not, in the judgment of the Key Executives of Weeks Corporation, required for the operation of the business of Borrower or Weeks Corporation, as the case may be. Administrative Agent, Banks and any persons authorized by Administrative Agent and Banks shall have the right at all reasonable times and upon reasonable prior notice to inspect such properties, any improvements existing or being constructed thereon and all materials used or to be used in such improvements; provided, however, that nothing contained herein shall be deemed to impose upon Administrative Agent or Banks any obligation to undertake such inspections or any liability for the failure to detect or failure to act with respect to any defect which was or might have been disclosed by such inspections.

OPERATION OF PROPERTIES, INSPECTION. Borrower Borrowers and Weeks Corporation ----------------------------------- shall operate and maintain their material properties in good condition and repair (normal wear and tear, casualty and obsolescence excepted), shall not commit or suffer any waste to any of such properties or do or suffer to be done anything which would increase the risk of casualty to any of such properties or any part thereof or which would result in the cancellation of any insurance policy carried with respect to any of such properties. Borrower Borrowers and Weeks Corporation shall comply promptly with all applicable laws, rules, ordinances, regulations, judgments, governmental determinations, restrictive covenants and easements affecting any of such properties or any part thereof (the REQUIREMENTS"Requirements") and shall cause such properties to comply at all times and in ------------- all respects with all Requirements, and shall at all times operate such properties, and perform any construction of any portion thereof, in all respects in accordance with all Requirements, except in each case where failure to do so would not have a material adverse effect on the financial condition, operations or properties of Borrower Weeks Corporation, the Consolidated Entities and the Related Parties Non- Consolidated Subsidiaries (all of the foregoing taken as a whole) or Borrower Operating Partnership (standing alone). Borrower Borrowers and Weeks Corporation shall promptly repair, restore or replace any part of such properties which may be damaged by fire or other casualty or which may be affected by any condemnation proceeding, except where such repair, restoration, or replacement is not, in the judgment of the Key Executives of Weeks Corporation, required for the operation of the business of Borrower Borrowers or Weeks Corporation, as the case may be. Administrative Banks' Agent, Banks and Swing Lender and any persons authorized by Administrative Agent Banks' Agent, Banks and Banks Swing Lender shall have the right at all reasonable times and upon reasonable prior notice to inspect such properties, any improvements existing or being constructed thereon and all materials used or to be used in such improvements; provided, however, that nothing contained herein shall be deemed to impose upon Administrative Agent or Banks Banks' Agent, Bank and Swing Lender any obligation to undertake such inspections or any liability for the failure to detect or failure to act with respect to any defect which was or might have been disclosed by such inspections.

OPERATION OF PROPERTIES, INSPECTION. Borrower and Weeks ----------------------------------- Corporation ----------------------------------- shall operate and maintain their material properties in good condition and repair (normal wear and tear, casualty and obsolescence excepted), shall not commit or suffer any waste to any of such properties or do or suffer to be done anything which would increase the risk of casualty to any of such properties or any part thereof or which would result in the cancellation of any insurance policy carried with respect to any of such properties. Borrower and Weeks Corporation shall comply promptly with all applicable laws, rules, ordinances, regulations, judgments, governmental determinations, restrictive covenants and easements affecting any of such properties or any part thereof (the "REQUIREMENTS") and shall cause such ------------ properties to comply at all times and in ------------- all respects with all Requirements, and shall at all times operate such properties, and perform any construction of any portion thereof, in all respects in accordance with all Requirements, except in each case where failure to do so would not have a material adverse effect on the financial condition, operations or properties of Borrower and the Related Parties (all of the foregoing taken as a whole) or Borrower (standing alone). Borrower and Weeks Corporation shall promptly repair, restore or replace any part of such properties which may be damaged by fire or other casualty or which may be affected by any condemnation proceeding, except where such repair, restoration, or replacement is not, in the judgment of the Key Executives of Weeks Corporation, required for the operation of the business of Borrower or Weeks Corporation, as the case may be. Administrative Agent, Banks and any persons authorized by Administrative Agent and Banks shall have the right at all reasonable times and upon reasonable prior notice to inspect such properties, any improvements existing or being constructed thereon and all materials used or to be used in such improvements; provided, however, that nothing contained herein shall be deemed to impose upon Administrative Agent or Banks any obligation to undertake such inspections or any liability for the failure to detect or failure to act with respect to any defect which was or might have been disclosed by such inspections.