Common use of Operations and Maintenance Programs Clause in Contracts

Operations and Maintenance Programs. If recommended by the Environmental Report or any other environmental assessment or audit of any Individual Property, Borrower shall cause Property Owners to establish, and thereafter comply, with an operations and maintenance program with respect to such Individual Property, in form and substance reasonably acceptable to Lender, prepared by an environmental consultant reasonably acceptable to Lender, which program shall address any asbestos-containing material or lead based paint or Mold that may now or in the future be detected at or on the Property. Without limiting the generality of the preceding sentence, Lender may require (a) periodic notices or reports to Lender in form, substance and at such intervals as Lender may specify, (b) an amendment to such operations and maintenance program to address changing circumstances, laws or other matters, (c) at Borrower’s sole expense, supplemental examination of the subject Individual Property by consultants specified by Lender, (d) access to such Individual Property by Lender, its agents or servicer, to review and assess the environmental condition of such Individual Property and Property Owners’ compliance with any operations and maintenance program, and (e) variation of the operations and maintenance program in response to the reports provided by any such consultants.

Appears in 4 contracts

Samples: Mezzanine Loan Agreement (Ashford Hospitality Trust Inc), Mezzanine Loan Agreement (Ashford Hospitality Trust Inc), Mezzanine Loan Agreement (Ashford Hospitality Trust Inc)

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Operations and Maintenance Programs. If Borrower shall comply with the operations and maintenance program attached hereto as Exhibit D and, if recommended by the Environmental Report or any other environmental assessment or audit of any Individual the Property, Borrower shall cause Property Owners to establish, establish and thereafter comply, comply with an any other operations and maintenance program with respect to such Individual the Property, in form and substance reasonably acceptable to Lender, prepared by an environmental consultant reasonably acceptable to Lender, which program shall address any asbestos-containing material or lead based paint or Mold that may now or in the future be detected at or on the Property. Without limiting the generality of the preceding sentence, Lender may require (a) periodic notices or reports to Lender in form, substance and at such intervals as Lender may specify, (b) an amendment to such operations and maintenance program to address changing circumstances, laws or other matters, (c) at Borrower’s sole expense, supplemental examination of the subject Individual Property by consultants specified by Lender, (d) access to such Individual the Property by Lender, its agents or servicer, to review and assess the environmental condition of such Individual the Property and Property Owners’ Borrower’s compliance with any operations and maintenance program, and (e) variation of the operations and maintenance program in response to the reports provided by any such consultants.

Appears in 1 contract

Samples: Loan Agreement (American Assets Trust, Inc.)

Operations and Maintenance Programs. If recommended by the Environmental Report or any other environmental assessment or audit of any Individual the Property, Borrower shall cause Property Owners to establish, establish and thereafter comply, comply with an operations and maintenance program with respect to such Individual the Property, in form and substance reasonably acceptable to Lender, prepared by an environmental consultant reasonably acceptable to Lender, which program shall address any asbestos-containing material or lead based paint or Mold that may now or in the future be detected at or on the Property. Without limiting the generality of the preceding sentence, Lender may require (a) periodic notices or reports to Lender in form, substance and at such intervals as Lender may specify, (b) an amendment to such operations and maintenance program to address changing circumstances, laws or other matters, (c) at Borrower’s 's sole expense, supplemental examination of the subject Individual Property by consultants specified by Lender, if in Lender's good faith determination the same are required or desirable, (d) access to such Individual the Property by Lender, its agents or servicer, to review and assess the environmental condition of such Individual the Property and Property Owners’ Borrower's compliance with any operations and maintenance program, and (e) variation of the operations and maintenance program in response to the reports provided by any such consultants.

Appears in 1 contract

Samples: Loan Agreement (New Plan Excel Realty Trust Inc)

Operations and Maintenance Programs. If recommended by the Environmental Report or any other environmental assessment or audit of any Individual Property, Borrower and Maryland Owner shall cause Property Owners to establish, establish and thereafter comply, comply with an operations and maintenance program with respect to such Individual Property, in form and substance reasonably acceptable to Lender, prepared by an environmental consultant reasonably acceptable to Lender, which program shall address any asbestos-containing material or lead based paint or Mold that may now or in the future be detected at or on the Property. Without limiting the generality of the preceding sentence, Lender may require (a) periodic notices or reports to Lender in form, substance and at such intervals as Lender may specify, (b) an amendment to such operations and maintenance program to address changing circumstances, laws or other matters, (c) at Borrower’s and Maryland Owner’s sole expense, supplemental examination of the subject Individual Property by consultants specified by Lender, (d) access to such Individual Property by Lender, its agents or servicer, to review and assess the environmental condition of such Individual Property and Property Owners’ Borrower’s and Maryland Owner’s compliance with any operations and maintenance program, and (e) variation of the operations and maintenance program in response to the reports provided by any such consultants.

Appears in 1 contract

Samples: Mortgage Loan Agreement (Ashford Hospitality Trust Inc)

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Operations and Maintenance Programs. If recommended by the Environmental Report or any other environmental assessment or audit of any Individual Property, Borrower shall cause Property Owners Mortgage Borrower to establish, establish and thereafter comply, comply with an operations and maintenance program with respect to such Individual Property, in form and substance reasonably acceptable to Lender, prepared by an environmental consultant reasonably acceptable to Lender, which program shall address any asbestos-containing material or lead based paint or Mold that may now or in the future be detected at or on the such Individual Property. Without limiting the generality of the preceding sentence, Lender may require (a) periodic notices or reports to Lender in form, substance and at such intervals as Lender may specify, (b) an amendment to such operations and maintenance program to address changing circumstances, laws or other matters, (c) at Borrower’s sole expense, supplemental examination of the subject Individual Property Properties by consultants specified by Lender, (d) access to such Individual Property the Properties by Lender, its agents or servicer, to review and assess the environmental condition of such Individual Property the Properties and Property Owners’ Borrower’s compliance with any operations and maintenance program, and (e) variation of the operations and maintenance program in response to the reports provided by any such consultants.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Capital Lodging)

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