Maintenance and Modification of Facilities by the Council Sample Clauses

Maintenance and Modification of Facilities by the Council. During the Term of this Lease the Council shall, at its own expense, maintain, preserve and keep the Land and Facilities in good repair, working order and condition, and shall from time to time make all repairs, replacements and improvements necessary to keep the Land and Facilities in such condition. The Trustee shall have no responsibility for any of these repairs, replacements or improvements. In addition, the Council shall, at its own expense, have the right to remodel the Facilities or to make additions, modifications and improvements thereto. All such additions, modifications and improvements shall thereafter comprise part of the Facilities and be subject to the provisions of this Lease. Such additions, modifications and improvements shall not in any way damage the Facilities; and the Facilities, upon completion of any additions, modifications and improvements made pursuant to this Section, shall be of a value not less than the value of the Facilities immediately prior to the making of such additions, modifications and improvements. Any property for which a substitution or replacement is made pursuant to this Section may be disposed of by the Council in such manner and on such terms as are determined by the Council. The Council will not permit any mechanic’s or other lien to be established or remain against the Land and Facilities for labor or materials furnished in connection with any improvements made by the Council pursuant to this Section; provided that if any such lien is established and the Council shall first notify the Trustee of the Council’s intention to do so, the Council may in good faith contest any lien filed or established against the Land and Facilities, and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom unless the Trustee shall notify the Council that, in the opinion of counsel, by non-payment of any such item the interest of the Trustee in the Land and Facilities will be materially endangered or the Land and Facilities or any part thereof will be subject to loss or forfeiture, in which event the Council shall promptly pay and cause to be satisfied and discharged all such unpaid items or provide the Trustee with full security against any such loss or forfeiture, in form satisfactory to the Trustee. The Trustee will cooperate fully with the Council in any such contest, upon the request and at the expense of the Council.
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