Maintenance, Repair and Restoration. Mortgagor will keep the Wxxxx and Equipment in first class order, repair, operating condition and appearance, causing all necessary repairs, renewals, replacements, additions and improvements to be promptly made, and will not allow any of the Property to be misused, abused or wasted or to deteriorate. Notwithstanding the foregoing, Mortgagor will not, without the prior written consent of Mortgagee, (i) remove from the Property any fixtures or personal property covered by this Mortgage except such as is replaced by Mortgagor by an article of equal suitability and value, owned by Mortgagor, free and clear of any lien or security interest (except that created by this Mortgage), or (ii) make any structural alteration to the Property or any other alteration thereto which impairs the value thereof. If any act or occurrence of any kind or nature (including any condemnation or any casualty for which insurance was not obtained or obtainable) shall result in damage to or loss or destruction of the Property, Mortgagor shall give prompt notice thereof to Mortgagee and, to the extent insurance and/or condemnation proceeds (if any) shall be made available to Mortgagor for such purpose pursuant to the terms hereof, Mortgagor shall promptly, at Mortgagor’s sole cost and expense, commence and continue diligently to completion to restore, repair, replace and rebuild the Property as nearly as possible to its value, condition and character immediately prior to the damage, loss or destruction. The foregoing shall not apply with respect to the removal of Substances sold in the ordinary course of Mortgagor’s business.
Maintenance, Repair and Restoration. Grantor will keep the Property in first class order, repair, operating condition and appearance, causing all necessary repairs, renewals, replacements, additions and improvements to be promptly made, and will not allow any of the Property to be misused, abused or wasted or to deteriorate. Notwithstanding the foregoing, Grantor will not, without the prior written consent of Xxxxxx, (i) remove from the Property any fixtures or personal property covered by this Deed of Trust except such as is replaced by Grantor by an article of equal suitability and value, owned by Grantor, free and clear of any lien or security interest (except that created by this Deed of Trust), or (ii) make any structural alteration to the Property or any other alteration thereto which impairs the value thereof. If any act or occurrence of any kind or nature (including any condemnation or any casualty for which insurance was not obtained or obtainable) shall result in damage to or loss or destruction of the Property, Grantor shall give prompt notice thereof to Holder and Grantor shall promptly, at Grantor’s sole cost and expense and regardless of whether insurance or condemnation proceeds (if any) shall be available or sufficient for the purpose, secure the Property as necessary and commence and continue diligently to completion to restore, repair, replace and rebuild the Property as nearly as possible to its value, condition and character immediately prior to the damage, loss or destruction.
Maintenance, Repair and Restoration. Borrower will keep the Property in first class order, repair, operating condition and appearance, causing all necessary repairs, renewals, replacements, additions and improvements to be promptly made, and will not allow any of the Property to be misused, abused or wasted or to deteriorate. Notwithstanding the foregoing, Borrower will not, without the prior written consent of Lender, which consent shall not be unreasonably withheld (i) remove from the Property any fixtures or personal property conveyed or encumbered by this Security Instrument except such as is replaced by Borrower by an article of equal suitability and value, owned by Borrower, free and clear of any lien or security interest (except that created by this Security Instrument), or (ii) make any structural alteration to the Property or any other alteration thereto which impairs the value thereof. If any act or occurrence of any kind or nature (including any condemnation or any casualty for which insurance was not obtained or obtainable) shall result in damage to or loss or destruction of the Property, Borrower shall give prompt notice thereof to Lender and Borrower shall promptly, at Borrower's sole cost and expense and regardless of whether insurance or condemnation proceeds (if any) shall be available or sufficient for the purpose, commence and continue diligently to completion to restore, repair, replace and rebuild the Property as nearly as possible to its value, condition and character immediately prior to the damage, loss or destruction.
Maintenance, Repair and Restoration. The Borrower will keep the Property in first class order, repair, operating condition and appearance, causing all necessary repairs, renewals, replacements, additions and improvements to be promptly made, and will not allow any of the Property to be misused, abused or wasted or to deteriorate.
Maintenance, Repair and Restoration. Mortgagor shall keep the Mortgaged Property in good condition, order, repair and operating condition (ordinary wear and tear excepted) appropriate for comparable properties of similar construction, causing all necessary repairs, alterations, renewals, replacements, additions, betterments and improvements to be made promptly thereto. Subject to the terms hereof and of the Collateral Agency Agreement, Mortgagor shall promptly repair, restore or rebuild (or cause the same to be done) any of the Mortgaged Property which may become damaged or be destroyed from any cause whatsoever and pay when due all claims for labor performed and materials furnished therefore; provided, however, Mortgagor shall not be required to repair, restore, or rebuild any of the Mortgaged Property not then used or useful in connection with the operations of Mortgagor conducted on the Mortgaged Property (“Obsolete Property”). To the extent any damage to Obsolete Property was caused by a casualty or condemnation, any award received in connection therewith that is not a Material Award may be retained by Mortgagor and any award that is a Material Award shall be applied as a prepayment of the indebtedness.
Maintenance, Repair and Restoration. Mortgagor shall keep the Mortgaged Property in good condition, order, repair and condition and as may be necessary to protect and preserve the value of the Mortgaged Property, causing all necessary repairs, alterations, renewals, replacement, additions, betterments and improvements to be made promptly thereto.
Maintenance, Repair and Restoration. Grantor will keep the Property in good order, repair, operating condition and appearance in accordance with industry standards for similar affordable residential projects, causing all necessary repairs, renewals, replacements, additions and improvements to be promptly made, and will not allow any of the Property to be misused, abused or wasted or to deteriorate. Notwithstanding the foregoing and except for any of the work of the Construction Project (as defined in the Loan Agreement), Grantor will not, without the prior written consent of Holder, (i) remove from the Property any fixtures or personal property covered by this Amended and Restated Deed of Trust except such as is replaced by Grantor by an article of equal suitability and value, owned by Grantor, free and clear of any lien or security interest (except that created by this Amended and Restated Deed of Trust), or (ii) make any structural alteration to the Property or any other alteration thereto which impairs the value thereof. If any act or occurrence of any kind or nature (including any condemnation or any casualty for which insurance was not obtained or obtainable) shall result in damage to or loss or destruction of the Property, Grantor shall give prompt notice thereof to Holder and Grantor shall promptly, at Grantor's sole cost and expense and regardless of whether insurance or condemnation proceeds (if any) shall be available or sufficient for the purpose, secure the Property as necessary and commence and continue diligently to completion to restore, repair, replace and rebuild the Property as nearly as possible to its value, condition and character immediately prior to the damage, loss or destruction.
Maintenance, Repair and Restoration. A. Committee shall be solely responsible for the maintenance and repair of the Monument and its related improvements including sidewalks built by Committee leading to the Monument from the pre-existing sidewalks. Committee shall maintain the Monument in a good, safe and sanitary condition throughout the term of this Agreement. Committee shall insure that no pests, vermin, or noxious odors be caused by the Monument and therefore interfere with the use and enjoyment of the Park by the public, and that any graffiti be promptly removed.
Maintenance, Repair and Restoration. Mortgagor will keep the Property in good order, repair and operating condition (ordinary wear and tear excepted), causing all necessary repairs, renewals, replacements, additions and improvements to be promptly made, and will not allow any of the Property to be misused, abused or wasted or to deteriorate in any material respect. Notwithstanding the foregoing, Mortgagor will not, without the prior written consent of Mortgagee, (i) remove from the Property any fixtures or personal property encumbered by this Mortgage except as permitted by the Credit Agreement, or (ii) make any structural alteration to the Property or any other alteration thereto which materially impairs the value thereof (except for modifications contemplated by the Permitted Ohio Sale/Leaseback and the grant of the Duke Energy Easements). If any act or occurrence of any kind or nature (including any condemnation or any casualty for which insurance was not obtained or obtainable) shall result in damage to or loss or destruction of the Property, Mortgagor shall give prompt notice thereof to Mortgagee and Mortgagor shall promptly, at Mortgagor’s sole cost and expense and regardless of whether insurance or condemnation proceeds (if any) shall be available or sufficient for the purpose, secure the Property as necessary and commence and continue diligently to completion to restore, repair, replace and rebuild the Property as reasonably necessary for the conduct of Mortgagor’s business operations.
Maintenance, Repair and Restoration. A. Committee and City shall share responsibility for the maintenance and repair of the Monument and its related improvements including sidewalks built by Committee leading to the Monument from the pre-existing sidewalks. Committee shall maintain the portions of the Monument that are its responsibility in a good, safe and sanitary condition throughout the term of this Agreement. Committee shall insure that no pests, vermin, or noxious odors be caused by the Monument and therefore interfere with the use and enjoyment of the Park by the public. Responsibilities for maintenance is as follows: City agrees that if City has design and construction input and the Monument is constructed according to agreed-upon plans, City will be responsible for the normal day-to-day maintenance of the sculpture, grounds, plantings, irrigation, sidewalks and hardscape other than dedicated pavers, flags, and lights. Committee will be responsible for providing the flags; raising/lowering the flags; positioning flags at half-mast for required lengths of time when necessary; replacing flags before they deteriorate - a minimum of once per year prior to Memorial Day- and more frequently if needed; keeping an accurate log of locations and inscriptions of dedicated pavers installed in the Monument and replacing any bricks that become vandalized, lost or damaged; repairing or replacing signs or historical information and graphics that become vandalized, lost or damaged; and fundraising and setting up an escrow account in perpetuity to pay for maintenance items for which Committee is responsible, as well as for large repairs of up to $1,000 per calendar year, replacements, insurance deductibles and other extraordinary expenses required for the maintenance of the entire Monument, including those items City is responsible for normal maintenance of, in the case of the need for large repairs beyond normal wear and tear. For large repairs costing more than $1,000, the Committee and the City will meet and determine a plan of action regarding the repairs.
