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 the Property, Borrower shall cause Mortgage Borrower to establish and comply with an operations and maintenance program with respect to 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 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 with regard to Borrower's operations and maintenance programs 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 Property by consultants specified by Lender, (d) provided Lender gives Borrower at least 2 days advance notice and agrees to use reasonable efforts to minimize interference with any tenants, access to the Property by Lender, its agents or servicer, to review and assess the environmental condition of the Property and Mortgage 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.

Operations and Maintenance Programs. If recommended by the Environmental Report or any other environmental assessment or audit of the PropertyProperty in order to comply with Environmental Laws, Borrower shall cause Mortgage Borrower to establish and comply with an operations and maintenance program with respect to 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 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 regarding Borrower’s compliance with regard to Borrower's the operations and maintenance programs program for the Property in form, form and substance reasonably acceptable to Lender and at such intervals as Lender may specify, (b) an amendment to such operations and maintenance program to address changing circumstances, laws circumstances or other matterslaws, (c) at Borrower's ’s sole expense, supplemental examination of the Property by consultants specified by LenderLender if Lender reasonably believes a change in circumstances so warrant, (d) provided Lender gives Borrower at least 2 days advance notice and agrees to use reasonable efforts to minimize interference with any tenants, access to the Property by Lender, its agents or servicer, to review and assess the environmental condition of the Property and Mortgage Borrower's ’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.