Maintenance of Mortgaged Property. (a) So long as the Mortgagor holds title to the Mortgaged Property, the Mort- gagor will at all times maintain and preserve the Mortgaged Property which is used or useful in the Mortgagor’s business and each and every part and parcel thereof in good re- pair, working order and condition, ordinary wear and tear and acts of God excepted, and in compliance with Prudent Utility Practice and in compliance with all applicable laws, regulations and orders, and will from time to time make all needed and proper repairs, re- newals and replacements, and useful and proper alterations, additions, betterments and improvements, and will, subject to con- tingencies beyond its reasonable control, at all times use all reasonable diligence to fur- nish the consumers served by it through the Mortgaged Property, or any part thereof, with an adequate supply of electric power and energy. If any substantial part of the Mortgaged Property is leased by the Mort- gagor to any other party, the lease agree- ment between the Mortgagor and the lessee shall obligate the lessee to comply with the provisions of subsections (a) and (b) of this Section in respect of the leased facilities and to permit the Mortgagor to operate the leased facilities in the event of any failure by the lessee to so comply.
Appears in 5 contracts
Sources: Mortgage Agreement, Mortgage Agreement, Mortgage and Security Agreement
Maintenance of Mortgaged Property. (a) So long as the Mortgagor holds title to the Mortgaged Property, the Mort- gagor Mortgagor will at all times maintain and preserve the Mortgaged Property which is used or useful in the Mortgagor’s business and each and every part and parcel thereof in good re- pairrepair, working order and condition, ordinary wear and tear and acts Acts of God excepted, and in compliance with Prudent Utility Practice and in compliance with all applicable laws, regulations and orders, and will from time to time make all needed and proper repairs, re- newals renewals, and replacements, and useful and proper alterations, additions, betterments and improvements, and will, subject to con- tingencies contingencies beyond its reasonable control, at all times keep its plant and properties in continuous operating condition and use all reasonable diligence to fur- nish furnish the consumers served by it through the Mortgaged Property, or any part thereof, with an adequate supply of electric power energy and energyother services furnished by the Mortgagor. If if any substantial part of the Mortgaged Property is leased by the Mort- gagor Mortgagor to any other party, the lease agree- ment agreement between the Mortgagor and the lessee shall obligate the lessee to comply with the provisions of subsections (a) and (b) of this Section in respect of the leased facilities and to permit the Mortgagor to operate the leased facilities in the event of any failure by the lessee to so comply.
Appears in 1 contract
Sources: Restated Mortgage and Security Agreement (Cap Rock Energy Corp)