Common use of Capital Replacements Clause in Contracts

Capital Replacements. The Band shall effect and expend such amounts for any Capital Replacements as shall be required, in the course of the operation of the Enterprise, to maintain, at a minimum, the Enterprise in compliance with any Legal Requirements and to comply with Manager's recommended programs for renovation, modernization and improvement intended to keep the Enterprise competitive in its market; or to correct any condition of an emergency nature, including without limitation, maintenance, replacements or repairs which are required to be effected by the Band, which in Manager's sole discretion requires immediate action to preserve and protect the Facility, assure its continued operation, and/or protect the comfort, health, safety and/or welfare of the Facility's guests or employees (an "Emergency Condition"); provided, however, that the Band shall be under no obligation to fund Capital Replacements in aggregate amount greater than its periodic required contributions to the Capital Replacement Reserve described in ss. 4.15. Manager is authorized to take all steps and to make all expenditures from the Disbursement Accounts described in ss. 4.19.3 (in the case of non-capitalized repairs and maintenance), or Capital Replacement Reserve described at ss. 4.15, (in the case of expenditures for Capital Replacements) as it deems necessary to repair and correct any Emergency Condition, regardless whether such provisions have been made in the Capital Budget or the Operating Budget and Annual Plan for any such expenditures; or the cost thereof may be advanced by Manager and reimbursed from future revenues. Design and installation of Capital Replacements shall be effected in a time period and subject to such conditions as the Business Board may establish to minimize interference with or disruption of ongoing operations.

Capital Replacements. The Band shall effect and expend such amounts for any Capital Replacements as shall be required, in the course of the operation of the Enterprise, to maintain, at a minimum, the Enterprise in compliance with any Legal Requirements and to comply with Manager's recommended programs for renovation, modernization and improvement intended to keep the Enterprise competitive in its market; or to correct any condition of an emergency nature, including without limitation, maintenance, replacements or repairs which are required to be effected by the Band, which in Manager's sole discretion requires immediate action to preserve and protect the Facility, assure its continued operation, and/or protect the comfort, health, safety and/or welfare of the Facility's guests or employees (an "Emergency Condition"); provided, however, that the Band shall be under no obligation to fund Capital Replacements in aggregate amount greater than its periodic required contributions to the Capital Replacement Reserve described in ss. Section 4.15. Manager is authorized to take all steps and to make all expenditures from the Disbursement Accounts described in ss. Section 4.19.3 (in the case of non-capitalized repairs and maintenance), or Capital Replacement Reserve described at ss. 4.15, Section 4.14 (in the case of expenditures for Capital Replacements) ), as it deems necessary to repair and correct any Emergency Condition, regardless whether such provisions have been made in the Capital Budget or the Operating Budget and Annual Plan for any such expenditures; or the cost thereof may be advanced by Manager and reimbursed from future revenues. Design and installation of Capital Replacements shall be effected in a time period and subject to such conditions as the Business Board may establish to minimize interference with or disruption of ongoing operations.

Capital Replacements. The Band Subject any limitations pursuant to the Bank Loan Documents, MBPI shall effect and expend such amounts for any Capital Replacements as shall be required, required in the course of the operation of the Enterprise, to maintain, maintain at a minimum, the Enterprise in compliance with any Legal Requirements and to comply with Manager's MPM’s recommended programs for renovation, modernization and improvement intended to keep the Enterprise competitive in its market; , or to correct any condition of an emergency nature, including without limitation, maintenance, replacements or repairs which are required to be effected by the BandMBPI, which in Manager's MPM’s sole discretion requires immediate action to preserve and protect the Facility, assure its continued operation, and/or protect the comfort, comfort health, safety and/or welfare of the Facility's ’s guests or employees (an "“Emergency Condition"”); provided, however, that the Band MBPI shall be under no obligation to fund Capital Replacements in an aggregate amount greater than its periodic required contributions to the Capital Replacement Reserve described in ssSection 4.12. 4.15. Manager MPM is authorized to take all steps and to make all expenditures from the Disbursement Accounts Account described in ss. 4.19.3 at Section 4.17.3 (in the case of non-capitalized repairs and maintenance), or Capital Replacement Reserve Reserve, described at ss. 4.15, Section 4.12 (in the case of expenditures for Capital Replacements) as it deems necessary to repair and correct any Emergency Condition, regardless whether such provisions have been made in the Capital Budget or the Operating Budget and Annual Plan for any such expenditures; or the cost thereof may be advanced by Manager MPM and reimbursed from future revenues. Design and installation of Capital Replacements shall be effected affected in a time period and subject to such conditions as the Business Board may establish to minimize interference with or disruption of ongoing operations.