Maintenance of the Property. Neither Broker nor Brokerage Firm is responsible for maintenance of the 324 Property nor are they liable for damage of any kind occurring to the Property, unless such damage is caused by their negligence or 325 intentional misconduct.
Maintenance of the Property a. Owner, its successors and assigns, shall maintain the Improvements on the Property in the same aesthetic and sound condition (or better) as the condition of the Property at the time City issues a Release of Construction Covenants pursuant to the Agreement, reasonable wear and tear excepted. This standard for the quality of maintenance of the Property shall be met whether or not a specific item of maintenance is listed below. However, representative items of maintenance shall include frequent and regular inspection for graffiti or damage or deterioration or failure, and immediate repainting or repair or replacement of all surfaces, fencing, walls, equipment, etc., as necessary; emptying of trash receptacles and removal of litter; sweeping of public sidewalks adjacent to the Property, on-site walks and paved areas and washing-down as necessary to maintain clean surfaces; maintenance of all landscaping in a healthy and attractive condition, including trimming, fertilizing and replacing vegetation as necessary; cleaning windows on a regular basis; painting the buildings on a regular program and prior to the deterioration of the painted surfaces; conducting a roof inspection on a regular basis and maintaining the roof in a leak-free and weather-tight condition; maintaining security devices in good working order. In the event Owner, its successors or assigns fails to maintain the Improvements in accordance with the standard for the quality of maintenance, City or its designee shall have the right but not the obligation to enter the Property upon reasonable notice to Owner, correct any violation, and hold Owner, or such successors or assigns responsible for the cost thereof, and such cost, until paid, shall constitute a lien on the Property.
Maintenance of the Property. Trustor shall cause the Property to be --------------------------- maintained in good condition and repair and will not commit or suffer to be committed any waste of the Property. The Improvements and the Equipment shall not be removed, demolished or materially altered (except for normal replacement of the Equipment), without the consent of Beneficiary. Trustor shall promptly comply with all existing and future governmental laws, orders, ordinances, rules and regulations affecting the Property, or any portion thereof or the use thereof. Trustor shall promptly repair, replace or rebuild all or any part of the Property which may be damaged or destroyed by fire or other property hazard or casualty (including any fire or other property hazard or casualty for which insurance was not obtained or obtainable) or which may be affected by any taking by any public or quasi-public authority through eminent domain or otherwise, and shall complete and pay for, within a reasonable time, any structure at any time in the process of construction or repair on the Premises. If such fire or other property hazard or casualty shall be covered by the Policies, Trustor's obligation to repair, replace or rebuild such portion of the Property shall be contingent upon Beneficiary paying Trustor the proceeds of the Policies, or such portion thereof as shall be sufficient to complete such repair, replacement or rebuilding, whichever is less. Trustor will not, without obtaining the prior consent of Beneficiary, initiate, join in or consent to any private restrictive covenant, zoning ordinance, or other public or private restrictions, limiting or affecting the uses which may be made of the Property or any part thereof.
Maintenance of the Property. 5.1. While this Agreement is effective, it will be the responsibility of RCR to carry out all the actuations contemplated by mining legislation destined to the defense of the Property from any action of third parties that pretends to obtain its caducity or extinction, or overlap, RCR being obliged to take charge only while this Agreement is in effect, of the payment of the claim fees to which the Properties are subject, under its exclusive cost and responsibility as well as any cost related with the maintenance and protection of the Properties, without any charge to the Oferrors nor their Shareholders, and without being able to repeat against this last ones, or charge at the arranged price.
Maintenance of the Property. 5.1. While this Agreement is effective, it will be the responsibility of RCR to carry out all the actuations contemplated by mining legislation destined to the defense of the Property from any action of third parties that pretends to obtain its caducity or extinction, or overlap, RCR being obliged to take charge only while this Agreement is in effect, of the payment of the claim fees to which the Properties are subject, under its exclusive cost and responsibility as well as any cost related with the maintenance and protection of the Properties.
Maintenance of the Property. Between the date of mutual execution of this Agreement and the Closing, Seller shall maintain the Property in good order, condition and repair, reasonable wear and tear excepted and Seller shall otherwise operate the Property in the same manner as before the making of this Agreement, the same as though Seller were retaining the Property.
Maintenance of the Property. Seller shall continue to maintain the Property in compliance with all applicable laws and pay all costs of the Property with respect to the period prior to closing.
Maintenance of the Property. Owner shall make all payments of Taxes, royalties, land-holding costs, claim maintenance and similar fees, lease payments and other payments that become due during the Option Period and that are required for Owner to maintain its interest in the Property.
Maintenance of the Property. Each Seller shall make all payments of Taxes, royalties, land-holding costs, claim maintenance and similar fees, lease payments and other payments that are due as of the Effective Date or become due from and after the Effective Date until the Closing Date and that are required for such Seller to maintain the interest in its Mining Property, except to the extent such payments are being contested pursuant to a good faith dispute.
Maintenance of the Property. BUYER shall pay all governmental taxes, duties or other payments, make any minimum investments required by law, perform all acts and comply with all obligations under applicable law required to maintain the Property (excluding those portions of the Property previously abandoned by it as provided in this section) in good standing. At any time and from time to time, BUYER may elect to abandon any part or parts of the Property by giving notice to TOTAL of such election not less than thirty (30) days prior to the proposed date of abandonment. The notice shall identify the Mining Leases (or other interests acquired within the Area of Interest) which are proposed to be abandoned. Upon expiry of such thirty (30) day period, BUYER's obligations hereunder in respect of such abandoned interests shall terminate and thereafter the term "Property" as used in this Agreement will apply to those interests comprising the Property which have not been abandoned by BUYER. If requested by TOTAL BUYER shall execute documents transferring to TOTAL title to any part or parts of the Property which BUYER is abandoning, provided, however, if NEWMONT also requests such transfer BUYER shall transfer a Forty-Nine percent (49%) interest in such title to TOTAL. In the event that BUYER gives notice that it intends to abandon the balance of the Property held by it then, subject to section 5 hereof, upon expiry of the thirty (30) day period BUYER's obligations to make either of the Additional Cash Payments not due before expiry of such thirty (30) day period shall terminate.
