Common use of MAINTENANCE, REPAIRS, ALTERATIONS Clause in Contracts

MAINTENANCE, REPAIRS, ALTERATIONS. Mortgagor shall keep the Mortgaged Property or cause the same to be kept in good condition and repair and fully protected from the elements to the reasonable satisfaction of Mortgagee. Mortgagor shall not commit or permit any waste thereon and shall not do or permit any act by which the Mortgaged Property shall become less valuable. Mortgagor shall not remove, demolish or substantially or structurally alter any building, structure or other Improvement without the prior permission of holders of a majority in principal amount of the outstanding Notes in accordance with the Security Agreement, which shall not be unreasonably withheld or delayed, except (x) such alterations as may be required by laws, ordinances or regulations, (y) non-structural alterations costing less than $3,500,000 per project and (z) erection or installation of shelves, bins, machinery and equipment of all kinds, plumbing and wiring. Any removals of shelves, bins, machinery and equipment and other items from the Mortgaged Property shall be subject to the provisions of the Security Agreement. Mortgagor shall promptly restore in like manner any Improvements which may be damaged or destroyed thereon and shall pay when due all claims for labor performed and materials furnished therefor; and Mortgagor shall use and operate, and shall require its lessees or licensees to use or operate, the Mortgaged Property in compliance with all applicable laws, ordinances, regulations, covenants, conditions, and restrictions, and with all applicable requirements of any ground lease, lease or sublease now or hereafter affecting the Premises or any part thereof. Mortgagee and its representative shall have access to the Premises and Mortgaged Property at all reasonable times on notice to Mortgagor to determine whether Mortgagor is complying with its obligations under this Mortgage.

MAINTENANCE, REPAIRS, ALTERATIONS. Mortgagor Borrower shall keep the Mortgaged Property Property, or cause the same to be kept kept, in good condition and repair and fully protected from the elements to the reasonable satisfaction of Mortgagee. Mortgagor Lender; Borrower shall not commit or nor permit any to be committed waste thereon and shall not do or nor permit to be done any act by which the Mortgaged Property shall become less valuable. Mortgagor shall ; Borrower will not remove, demolish or substantially or structurally alter any building, structure or other Improvement without the prior permission of holders of a majority in principal amount of the outstanding Notes in accordance with the Security Agreement, which shall not be unreasonably withheld or delayed, Improvements (except (x) such alterations as may be maybe required by laws, ordinances or regulations, (y) non-structural alterations costing less than $3,500,000 per project and (z) erection or installation of shelves, bins, machinery and equipment of all kinds, plumbing and wiring. Any removals of shelves, bins, machinery and equipment and other items from without the Mortgaged Property shall be subject to the provisions prior written permission of the Security Agreement. Mortgagor Lender; Borrower shall complete promptly and in good and workmanlike manner any building or other improvement which may be constructed on the Premises and promptly restore in like manner any Improvements which may be damaged or destroyed thereon and shall will pay when due all claims for labor performed and materials furnished therefor; and Mortgagor Borrower shall use and operate, and shall require its lessees or licensees to use or operate, the Mortgaged Property in compliance with all applicable laws, ordinancesordinance, regulations, covenants, conditions, conditions and restrictions, and with all applicable requirements of any ground lease, lease or sublease now or hereafter affecting the Premises or any part thereof. Mortgagee Unless required by law or unless Lender has otherwise agreed in writing, Borrower shall not allow changes in the stated use of Mortgaged Property from that which was disclosed to Lender at the time of execution hereof. Borrower shall not initiate or acquiesce to a zoning change of the Mortgaged Property without the prior notice to and consent of Lender. Lender and its representative representatives shall have access to the Premises and Mortgaged Property at all reasonable times on notice to Mortgagor to determine whether Mortgagor Borrower is complying with its obligations under this Mortgage, including, but not limited to, those set out in this Section.

MAINTENANCE, REPAIRS, ALTERATIONS. The Mortgagor shall will keep the Mortgaged Property Property, or cause the same to be kept kept, in good condition and repair and fully protected from the elements to the reasonable satisfaction of the Mortgagee. ; the Mortgagor shall not will commit or permit any no waste thereon and shall not will do or permit any no act by which the Mortgaged Property Premises shall become less valuable. ; the Mortgagor shall will not remove, demolish or substantially or structurally alter any building, structure or other Improvement without the prior permission of holders of a majority in principal amount of the outstanding Notes in accordance with the Security Agreement, which shall not be unreasonably withheld or delayed, Improvements (except (x) such alterations as may be required by laws, ordinances or regulations, (y) non-structural alterations costing less than $3,500,000 per project and (z) erection or installation of shelves, bins, machinery and equipment of all kinds, plumbing and wiring. Any removals of shelves, bins, machinery and equipment and other items from without the Mortgaged Property shall be subject to the provisions prior written permission of the Security Agreement. Mortgagee; the Mortgagor shall will complete promptly and in good and workmanlike manner any building or other Improvement which may be constructed on the Premises and promptly restore in like manner any Improvements Improvement which may be damaged or destroyed thereon and shall will pay when due all claims for labor performed and materials furnished therefor; and the Mortgagor shall will use and operate, and shall will require its lessees or licensees to use or operate, the Mortgaged Property Premises in compliance with all applicable laws, ordinances, regulations, covenants, conditions, conditions and restrictions, and with all applicable requirements of any ground lease, lease or sublease now or hereafter affecting the Premises or any part thereof. The Mortgagee and its representative representatives shall have access to the Premises and Mortgaged Property at all reasonable times on notice to Mortgagor to determine whether the Mortgagor is complying with its obligations under this Mortgage, including, but not limited to, those set out in this Section.

MAINTENANCE, REPAIRS, ALTERATIONS. Mortgagor shall keep the Mortgaged Property or cause the same to be kept in good condition and repair and fully protected from the elements to the reasonable satisfaction of Mortgagee. Mortgagor shall not commit or permit any waste thereon and shall not do or permit any act by which the Mortgaged Property shall become less valuable. Mortgagor shall not remove, demolish or substantially or structurally alter any building, structure or other Improvement without the prior permission of holders of a majority in principal amount of the outstanding Notes in accordance with the Security AgreementMortgagee, which shall not be unreasonably withheld or delayed, except (x) such alterations as may be required by laws, ordinances or regulations, (y) non-structural alterations costing less than $3,500,000 per project and (z) erection or installation of shelves, bins, machinery and equipment of all kinds, plumbing and wiring. Any removals of shelves, bins, machinery and equipment and other items from the Mortgaged Property shall be subject to the provisions of the Security AgreementNote. Mortgagor shall promptly restore in like manner any Improvements which may be damaged or destroyed thereon and shall pay when due all claims for labor performed and materials furnished therefor; and Mortgagor shall use and operate, and shall require its lessees or licensees to use or operate, the Mortgaged Property in compliance with all applicable laws, ordinances, regulations, covenants, conditions, and restrictions, and with all applicable requirements of any ground lease, lease or sublease now or hereafter affecting the Premises or any part thereof. Mortgagee and its representative shall have access to the Premises and Mortgaged Property at all reasonable times on notice to Mortgagor to determine whether Mortgagor is complying with its obligations under this Mortgage.

MAINTENANCE, REPAIRS, ALTERATIONS. Mortgagor shall keep Except as otherwise set forth in this Lease, Lessee acknowledges that the Mortgaged Property or cause premises and the same to be kept building located on the premises (the “Building”) are in good condition order and repair, unless otherwise indicated herein and accepts the premises "as is." Lessor shall repair and fully protected maintain in good order and condition, ordinary wear and tear excepted, the mechanical and equipment rooms, the roof of the Building, the exterior walls of the Building, the exterior windows of the Building, the structural portions of the Building, the electrical, plumbing, mechanical, fire protection, life safety, parking lot, stormwater drainage systems, and HVAC systems servicing the Building. However, unless the waiver of subrogation provision in Paragraph 11 of this Lease applies, Lessee shall pay the cost of any such repairs or maintenance resulting from the elements acts or omissions of Lessee, its employees, agents, or contractors. Except to the extent Lessor is obligated to repair and maintain the premises as provided above, Lessee shall, at its sole cost, maintain the premises, including landscaping, in a clean, attractive condition, similar to the condition that it existed on the Effective Date, reasonable satisfaction wear and tear excepted. Lessor shall, at its sole cost and expense, timely pay all real estate taxes and assessments on the property. No material improvement or alteration of Mortgagee. Mortgagor the premises shall not commit or permit any waste thereon and shall not do or permit any act by which the Mortgaged Property shall become less valuable. Mortgagor shall not remove, demolish or substantially or structurally alter any building, structure or other Improvement be made without the prior permission of holders of a majority in principal amount written consent of the outstanding Notes in accordance with the Security AgreementLessor, which consent shall not be unreasonably withheld withheld, conditioned or delayed. Prior to the commencement of any substantial repair, except improvement, or alteration, Lessee shall give Lessor at least two (x2) such alterations days written notice in order that Lessor may post appropriate notices to avoid any liability for liens. Lessee shall not commit any waste upon the premises or any nuisance, provided that the permitted uses granted under this Lease shall not be considered a waste or nuisance. Notwithstanding anything contained herein to the contrary, the parties hereby acknowledge and agree that the condition of the premises as may be required of the Effective Date is more particularly described in that certain Property Inspection Report, dated October 21, 2014, by lawsTxxxxx Inspection Services, ordinances or regulationsInc., and that certain Wood-Destroying Organisms Inspection Report, dated October 16, 2014, by SWAT Exterminating Company, attached hereto as composite Exhibit “A” (y) non-structural alterations costing less than $3,500,000 per project and (z) erection or installation of shelvescollectively, binsthe “Inspection Reports”). Further, machinery and equipment of all kinds, plumbing and wiring. Any removals of shelves, bins, machinery and equipment and other items from the Mortgaged Property Lessor shall be subject to solely responsible for the provisions repair, replacement and maintenance of any condition existing on the premises as of the Security AgreementEffective Date, including the conditions set forth in the Inspection Reports. Mortgagor Within thirty (30) days of the Effective Date, Lessor shall promptly restore repair those portions of the fence that are noted in like manner any Improvements which may be damaged or destroyed thereon and shall pay when due all claims for labor performed and materials furnished therefor; and Mortgagor shall use and operate, and shall require its lessees or licensees to use or operate, the Mortgaged Property in compliance with all applicable laws, ordinances, regulations, covenants, conditions, and restrictions, and with all applicable requirements of any ground lease, lease or sublease now or hereafter affecting Inspection Reports as requiring repair so that the Premises or any part thereof. Mortgagee and its representative shall have access to the Premises and Mortgaged Property at all reasonable times on notice to Mortgagor to determine whether Mortgagor premises is complying with its obligations under this Mortgageproperly secured.

MAINTENANCE, REPAIRS, ALTERATIONS. Mortgagor shall keep the Mortgaged Property Property, or cause the same to be kept kept, in good condition and repair and fully protected from the elements to the reasonable satisfaction of Mortgagee. ; Mortgagor shall not commit or nor permit any to be committed waste thereon and shall not do or nor permit to be done any act by which the Mortgaged Property shall become less valuable. ; Mortgagor shall will not remove, demolish or substantially or structurally alter any building, structure or other Improvement without the prior permission of holders of a majority in principal amount of the outstanding Notes in accordance with the Security Agreement, which shall not be unreasonably withheld or delayed, Houses (except (x) such alterations as may be required by laws, ordinances or regulations, (y) non-structural alterations costing less than $3,500,000 per project and (z) erection or installation of shelves, bins, machinery and equipment of all kinds, plumbing and wiring. Any removals of shelves, bins, machinery and equipment and other items from without the Mortgaged Property shall be subject to the provisions prior written permission of the Security Agreement. Mortgagee; Mortgagor shall complete promptly and in good and workmanlike manner any building or other improvement which may be constructed on the Premises and promptly restore in like manner any Improvements improvements which may be damaged or destroyed thereon and shall will pay when due all claims for labor performed and materials furnished therefor; and Mortgagor shall use and operate, and shall require its lessees or licensees to use or operate, the Mortgaged Property in compliance with all applicable laws, ordinances, regulations, . covenants, conditions, conditions and restrictions, and with all applicable requirements of any ground lease, lease or sublease now or hereafter affecting the Premises or any part thereof. Unless required by law or unless Mortgagee has otherwise agreed in writing, Mortgagor shall not allow changes in the stated use of Mortgaged Property from that which was disclosed to Mortgagee at the time of execution hereof. Mortgagor shall not initiate or acquiesce to a zoning change of the Mortgaged Property without the prior notice to and consent of Mortgagee. Mortgagee and its representative representatives shall have access to the Premises and Mortgaged Property at all reasonable times on notice to Mortgagor to determine whether Mortgagor is complying with its obligations under this Mortgage, including, but not limited to, those set out in this Section.

MAINTENANCE, REPAIRS, ALTERATIONS. Mortgagor shall keep the Mortgaged Property Property, or cause the same to be kept kept, in good condition and repair and fully protected from the elements to the reasonable satisfaction of Mortgagee. ; Mortgagor shall not commit or nor permit any to be committed waste thereon and shall not do or nor permit to be done any act by which the Mortgaged Property shall become less valuable. ; Mortgagor shall will not remove, demolish or substantially or structurally alter any building, structure or other Improvement without the prior permission of holders of a majority in principal amount of the outstanding Notes in accordance with the Security Agreement, which shall not be unreasonably withheld or delayed, Improvements (except (x) such alterations as may be required by laws, ordinances or regulations, (y) non-structural alterations costing less than $3,500,000 per project and (z) erection or installation of shelves, bins, machinery and equipment of all kinds, plumbing and wiring. Any removals of shelves, bins, machinery and equipment and other items from without the Mortgaged Property shall be subject to the provisions prior written permission of the Security Agreement. Mortgagee; Mortgagor shall complete promptly and in good and workmanlike manner any building or other improvement which may be constructed on the Premises and promptly restore in like manner any Improvements which may be damaged or destroyed thereon and shall will pay when due all claims for labor performed and materials furnished therefor; and Mortgagor shall use and operate, and shall require its lessees or licensees to use or operate, the Mortgaged Property in compliance with all applicable laws, ordinances, regulations, covenants, conditions, conditions and restrictions, and with all applicable requirements of any ground lease, lease or sublease now or hereafter affecting the Premises or any part thereof. Unless required by law or unless Mortgagee has otherwise agreed in writing, Mortgagor shall not allow changes in the stated use of Mortgaged Property from that which was disclosed to Mortgagee at the time of execution hereof. Mortgagor shall not initiate or acquiesce to a zoning change of the Mortgaged Property without the prior notice to and consent of Mortgagee. Mortgagee and its representative representatives shall have access to the Premises and Mortgaged Property at all reasonable times on notice to Mortgagor to determine whether Mortgagor is complying with its obligations under this Mortgage, including, but not limited to, those set out in this Section.

MAINTENANCE, REPAIRS, ALTERATIONS. Mortgagor shall reasonably keep the Mortgaged Property Property, or cause the same to be kept kept, in good condition and repair and fully protected from the elements to the reasonable satisfaction of Mortgagee. ; Mortgagor shall not commit or permit any to be committed waste thereon and shall not do or nor permit to be done any act by which the Mortgaged Property shall become less valuable. ; Mortgagor shall will not remove, demolish or substantially or structurally alter any building, structure or other Improvement without the prior permission of holders of a majority in principal amount of the outstanding Notes in accordance with the Security Agreement, which shall not be unreasonably withheld or delayed, Improvements (except (x) such alterations as may be required by laws, ordinances or regulations, (y) non-structural alterations costing less than $3,500,000 per project and (z) erection or installation without the prior written permission of shelves, bins, machinery and equipment of all kinds, plumbing and wiring. Any removals of shelves, bins, machinery and equipment and other items from the Mortgaged Property shall be subject to the provisions of the Security Agreement. Mortgagee; Mortgagor shall complete promptly and in good and workmanlike manner any building or other improvement which may be constructed on the Premises and promptly restore in like manner any Improvements which may be damaged or destroyed thereon and shall will pay when due all claims for labor performed and materials furnished therefor; and Mortgagor shall use and operate, and shall require its lessees or licensees to use or operate, the Mortgaged Property in compliance with all applicable laws, ordinances, regulations, covenants, conditions, conditions and restrictions, and with all applicable requirements of any ground lease, lease or sublease now or hereafter affecting the Premises or any part thereof. Unless required by law or unless Mortgagee has otherwise agreed in writing, Mortgagor shall not allow changes in the stated use of Mortgaged Property from that which was disclosed to Mortgagee at the time of execution hereof. Mortgagor shall not initiate or acquiesce to a zoning change of the Mortgaged Property without prior notice to and consent of Mortgagee. Mortgagee and its representative representatives shall have access to the Premises and Mortgaged Property at all reasonable times on notice to Mortgagor to determine whether Mortgagor is complying with its obligations under this Mortgage, including, but not limited to, those set out in this Section.