Common use of Maintenance, Utilities, Taxes and Assessments Clause in Contracts

Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this Lease Agreement, as part of the consideration for the rental of the Leased Property, the Lessee shall keep in good repair and maintain the Leased Property, and the Lessee shall pay for or otherwise arrange for the payment of all utility services supplied to the Leased Property, which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility services, and shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property resulting from ordinary wear and tear or want of care on the part of the Lessee or any assignee or sublessee thereof. In exchange for the Lease Payments and Additional Rent herein provided, the Lessor agrees to provide only the Leased Property, as herein provided. The Lessee also shall pay or cause to be paid all taxes and assessments of any type or nature, if any, charged to the Lessor or the Lessee affecting the Leased Property, the respective interests or estates therein or the taxability of any payments pursuant to this Lease Agreement; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Lessee shall be obligated to pay only such installments as are required to be paid during the Term of this Lease Agreement as and when the same become due. The Lessee or any sublessee may, at the Lessee’s or such sublessee’s expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Lessor shall notify the Lessee or such sublessee that, in the opinion of Independent Counsel, by nonpayment of any such items, the interest of the Lessor in the Leased Property will be materially endangered or the Leased Property or any part thereof will be subject to loss or forfeiture, in which event the Lessee or such sublessee shall promptly pay such taxes, assessments or charges or provide the Lessor with full security against any loss that may result from nonpayment, in form satisfactory to the Lessor.

Appears in 4 contracts

Samples: Lease Purchase Agreement, Lease Purchase Agreement, Lease Purchase Agreement

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Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this Lease AgreementLease, as part of the consideration for the rental of the Leased Property, the Lessee shall keep in good all improvement, repair and maintain maintenance of the Leased PropertyProperty are the responsibility of the City, and the Lessee shall City will pay for or otherwise arrange for the payment of all utility services supplied to the Leased Property, which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility services, and shall will pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property resulting from ordinary wear and tear or want of care on the part of the Lessee City or any assignee or sublessee thereof. In exchange for the Lease Payments and Additional Rent herein provided, the Lessor Authority agrees to provide only the Leased Property, as herein provided. The Lessee City waives the benefits of subsections 1 and 2 of Section 1932, Section 1933(4) and Sections 1941 and 1942 of the California Civil Code, but such waiver does not limit any of the rights of the City under the terms of this Lease. The City shall also shall pay or cause to be paid all taxes and assessments of any type or nature, if any, charged to the Lessor Authority or the Lessee City affecting the Leased Property, Property or the respective interests or estates therein or the taxability of any payments pursuant to this Lease Agreementtherein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Lessee City shall be obligated to pay only such installments as are required to be paid during the Term of this Lease Agreement as and when the same become due. The Lessee or any sublessee City may, at the Lessee’s or such sublessee’s its expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Lessor shall notify Authority notifies the Lessee or such sublessee City that, in the opinion of Independent Counselits reasonable opinion, by nonpayment of any such items, items the interest of the Lessor Authority in the Leased Property will be materially endangered or the Leased Property or any part thereof will be subject to loss or forfeiture, in which event the Lessee or such sublessee City shall promptly pay such taxes, assessments or charges or provide the Lessor Authority with full security against any loss that which may result from nonpayment, in form satisfactory to the LessorAuthority and the Trustee.

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this the Lease Agreement, as part of the consideration for the rental of the Leased Property, the Lessee shall keep in good all im- provement, repair and maintain maintenance of the Leased Property, Property shall be the responsibility of the Town and the Lessee Town shall pay for or otherwise arrange for the payment of all utility services supplied sup- plied to the Leased Property, Property which may include, without limitation, janitor service, security, power, gas, telephonephone, light, heating, water and all other utility services, and shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property resulting from ordinary wear and tear or want of care on the part of the Lessee Town or any assignee or sublessee les- see thereof. In exchange for the Lease Payments and Additional Rent herein provided, the Lessor Authority agrees to provide only the Leased Property, as herein providedhereinbefore more specifically set forth. The Lessee Town waives the benefits of subsections 1 and 2 of Section 1932 of the California Civil Code, but such waiver shall not limit any of the rights of the Town under the terms of this Lease Agreement. The Town shall also shall pay or cause to be paid all taxes and assessments of any type or nature, if any, charged to the Lessor Authority or the Lessee Town affecting the Leased Property, Property or the respective interests or estates therein or the taxability of any payments pursuant to this Lease Agreementtherein; provided that with respect to special assessments or other governmental gov- ernmental charges that may lawfully be paid in installments over a period of years, the Lessee Town shall be obligated to pay only such installments as are required to be paid during the Term of this the Lease Agreement as and when the same become due. The Lessee or any sublessee Town may, at the Lessee’s or such sublesseeTown’s expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit per- mit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Lessor Authority shall notify the Lessee or such sublessee Town that, in the reasonable opinion of Independent Counselthe Authority, by nonpayment of any such items, the interest of the Lessor Authority in the Leased Property will be materially endangered or the Leased Property or any part thereof will be subject to loss or forfeiture, in which event the Lessee or such sublessee Town shall promptly pay such taxes, assessments or charges or provide the Lessor Authority with full security against any loss that which may result from nonpayment, in form satisfactory to the LessorAuthority and the Trustee.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this Lease AgreementLease, as part of the consideration for the right of rental of the Leased Property, all improvement, repair, and maintenance of the Lessee Property shall keep in good repair and maintain be the Leased Propertyresponsibility of the Lessee, and the Lessee shall pay for or otherwise arrange for the payment of all utility services supplied to the Leased Property, which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility services, and shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property resulting from ordinary wear and tear or want of care on the part of the Lessee or any assignee or sublessee thereof. In exchange for the Lease Rent Payments and Additional Rent herein provided, and subject to the Lessor Lessor’s equitable lien as hereinbefore set forth, Xxxxxx agrees to, and does hereby grant Lessee the right to provide use the Property as hereinbefore and hereafter or specifically set forth. Lessee shall use the Property only for its proper purposes and will not install, use, operate or maintain the Leased Property improperly, carelessly or in violation of any applicable law, ordinance, rule or regulation of any governmental authority, or in a manner contrary to the nature of the Property or the use contemplated by its manufacturer. The Property shall be used solely in the conduct of Xxxxxx's operations. Lessee shall obtain, at its expense, all registrations, permits, and licenses, if any, required by law for the installation and operation of the Property, as herein provided. The Lessee shall also shall pay or cause to be paid all taxes and assessments of any type or nature, if any, nature charged to the Lessor or the Lessee affecting or levied, assessed or charged against any item of the Leased Property, Property or the respective interests or estates therein or the taxability of any payments pursuant to this Lease Agreementtherein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Lessee shall be obligated to pay only such installments as are required to be paid during the Term of this Lease Agreement as and when the same become due. The Lessee or any sublessee may, at the Lessee’s or such sublessee’s 's expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Lessor shall notify the Lessee that nonpayment is affecting timely payment of the components of principal or such sublessee interest on the Certificates, or in the case of the Lessor that, in the opinion of Independent Special Counsel, by nonpayment of any such items, the interest of the Lessor in the Leased Property will be materially endangered or the Leased Property or any part thereof will be subject to loss or forfeiture, in which event the Lessee or such sublessee shall promptly pay such taxes, assessments assessments, or charges or provide the Lessor with full security against any loss that which may result from nonpayment, in form satisfactory to the Lessor.

Appears in 2 contracts

Samples: Lease Purchase Agreement, Lease Purchase Agreement

Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this Lease AgreementTerm, as part of the consideration for the rental of the Leased PropertyPremises, the Lessee shall keep in good all improvement, repair and maintain maintenance of the Leased Property, Premises shall be the responsibility of the City and the Lessee City shall pay for pay, or otherwise arrange for the payment of of, all utility services supplied to the Leased Property, Premises which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility services, and shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property Premises resulting from ordinary wear and tear or want of care on the part of the Lessee City or any assignee or sublessee thereof. In ; provided, in exchange for the Lease Rental Payments and Additional Rent herein provided, the Lessor Authority agrees to provide only the Leased PropertyPremises, as herein providedhereinbefore more specifically set forth. The Lessee City waives the benefits of subsections 1 and 2 of Section 1932 of the California Civil Code, but such waiver shall not limit any of the rights of the City under the terms of this Lease Agreement. The City shall also shall pay or cause to be paid all taxes and assessments of any type or nature, if any, charged to the Lessor Authority or the Lessee City affecting the Leased Property, Premises or the respective interests or estates therein or the taxability of any payments pursuant to this Lease Agreementtherein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Lessee City shall be obligated to pay only such installments as are required to be paid during the Lease Term of this Lease Agreement as and when the same become due. The Lessee or any sublessee City may, at the Lessee’s or such sublesseeCity’s expense and in its name, in good faith contest any such taxes, assessments, utility and other charges payable by it and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Lessor Authority shall notify the Lessee or such sublessee City that, in the opinion of Independent Counselcounsel, by nonpayment of any such items, the interest of the Lessor Authority in the Leased Property Premises will be materially endangered or the Leased Property Premises or any part thereof will be subject to loss or forfeiture, in which event the Lessee or such sublessee City shall promptly pay such taxes, assessments or charges or provide the Lessor Authority with full security against any loss that which may result from nonpayment, in form satisfactory to the LessorAuthority and the Trustee.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this Lease AgreementLease, as part of the consideration for the right of rental of the Leased Property, all improvement, repair, and maintenance of the Lessee Property shall keep in good repair and maintain be the Leased Propertyresponsibility of the Lessee, and the Lessee shall pay for or otherwise arrange for the payment of all utility services supplied to the Leased Property, which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility services, and shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property resulting from ordinary wear and tear or want of care on the part of the Lessee or any assignee or sublessee thereof. In exchange for the Lease Rent Payments and Additional Rent herein provided, and subject to the Lessor’s equitable lien as hereinbefore set forth, Lessor agrees to, and does hereby grant Lessee the right to provide use the Property as hereinbefore and hereafter or specifically set forth. Lessee shall use the Property only for its proper purposes and will not install, use, operate or maintain the Leased Property improperly, carelessly or in violation of any applicable law, ordinance, rule or regulation of any governmental authority, or in a manner contrary to the nature of the Property or the use contemplated by its manufacturer. The Property shall be used solely in the conduct of Lessee's operations. Lessee shall obtain, at its expense, all registrations, permits, and licenses, if any, required by law for the installation and operation of the Property, as herein provided. The Lessee shall also shall pay or cause to be paid all taxes and assessments of any type or nature, if any, nature charged to the Lessor or the Lessee affecting or levied, assessed or charged against any item of the Leased Property, Property or the respective interests or estates therein or the taxability of any payments pursuant to this Lease Agreementtherein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Lessee shall be obligated to pay only such installments as are required to be paid during the Term of this Lease Agreement as and when the same become due. The Lessee or any sublessee may, at the Lessee’s or such sublessee’s 's expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Lessor shall notify the Lessee that nonpayment is affecting timely payment of the components of principal or such sublessee interest on the Certificates, or in the case of the Lessor that, in the opinion of Independent Special Counsel, by nonpayment of any such items, the interest of the Lessor in the Leased Property will be materially endangered or the Leased Property or any part thereof will be subject to loss or forfeiture, in which event the Lessee or such sublessee shall promptly pay such taxes, assessments assessments, or charges or provide the Lessor with full security against any loss that which may result from nonpayment, in form satisfactory to the Lessor.

Appears in 1 contract

Samples: Lease Purchase Agreement

Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this Lease AgreementLease, as part of the consideration for the rental of the Leased Property, the Lessee shall keep in good all improvement, repair and maintain maintenance of the Leased PropertyProperty are the sole responsibility of the District, and the Lessee shall District will pay for or otherwise arrange for the payment of all utility services supplied to the Leased Property, which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility services, and shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property resulting from ordinary wear and tear or want of care on the part of the Lessee District or any assignee or sublessee thereof. In exchange for the Lease Payments and Additional Rent herein provided, the Lessor Corporation agrees to provide only the Leased Property, as herein providedhereinbefore more specifically set forth. The Lessee District waives the benefits of subsections 1 and 2 of Section 1932, Section 1933(4) and Sections 1941 and 1942 of the California Civil Code, but such waiver does not limit any of the rights of the District under the terms of this Lease. The District will also shall pay or cause to be paid all taxes and assessments of any type or nature, if any, charged to the Lessor Corporation or the Lessee District affecting the Leased Property, Property or the respective interests or estates therein or the taxability of any payments pursuant to this Lease Agreementtherein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Lessee shall be District is obligated to pay only such installments as are required to be paid during the Term of this Lease Agreement as and when the same become due. The Lessee or any sublessee District may, at the Lessee’s or such sublesseeDistrict’s expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Lessor shall notify Corporation notifies the Lessee or such sublessee District that, in the opinion of Independent Counselits reasonable opinion, by nonpayment of any such items, items the interest of the Lessor Corporation in the Leased Property will be materially endangered or the Leased Property or any part thereof will be subject to loss or forfeiture, in which event the Lessee or such sublessee District shall promptly pay such taxes, assessments or charges or provide the Lessor Corporation with full security against any loss that which may result from nonpayment, in form satisfactory to the LessorCorporation and the Trustee.

Appears in 1 contract

Samples: Lease Agreement

Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this Lease AgreementLease, as part of the consideration for the right of rental of the Leased Property, the Lessee shall keep in good repair and maintain the Leased Propertyall improvement, repair, and maintenance of the Lessee Property shall pay for or otherwise arrange for be the payment responsibility of all utility services supplied to the Leased Property, which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility servicesLessee, and Lessee shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property resulting from ordinary wear and tear or want of care on the part of the Lessee or any assignee or sublessee thereof. In exchange for the Lease Rent Payments and Additional Rent herein provided, and subject to Xxxxxx’s equitable lien as hereinbefore set forth, Xxxxxx agrees to, and does hereby grant Lessee the Lessor agrees right to provide use the Property as hereinbefore and hereafter or specifically set forth. Lessee shall use the Property only for its proper purposes and will not install, use, operate or maintain the Leased PropertyProperty improperly, as herein providedcarelessly or in violation of any applicable law, ordinance, rule or regulation of any governmental authority, or in a manner contrary to the nature of the Property or the use contemplated by its manufacturer. The Property shall be used solely in the conduct of Xxxxxx's operations. Lessee shall obtain, at its expense, all registrations, permits, and licenses, if any, required by law for the installation and operation of the Property. Lessee shall also shall pay or cause to be paid all taxes and assessments of any type or nature, if any, nature charged to the Lessor or Lessee or levied, assessed or charged against any item of the Lessee affecting the Leased Property, Property or the respective interests or estates therein or the taxability of any payments pursuant to this Lease Agreementtherein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Lessee shall be obligated to pay only such installments as are required to be paid during the Term of this Lease Agreement as and when the same become due. The Lessee or any sublessee may, at the Lessee’s or such sublessee’s 's expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Lessor shall notify Lessee that nonpayment is affecting timely payment of the Lessee Rent Payments, or such sublessee in the case of Lessor that, in the opinion of Independent Special Counsel, by nonpayment of any such items, the interest of the Lessor in the Leased Property will be materially endangered or the Leased Property or any part thereof will be subject to loss or forfeiture, in which event the Lessee or such sublessee shall promptly pay such taxes, assessments assessments, or charges or provide the Lessor with full security against any loss that which may result from nonpayment, in form satisfactory to the Lessor.

Appears in 1 contract

Samples: Lease Purchase Agreement

Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this Lease AgreementLease, as part of the consideration for the rental of the Leased Property, the Lessee shall keep in good all improvement, repair and maintain maintenance of the Leased PropertyProperty shall be the responsibility of the County, and the Lessee County shall pay for or otherwise arrange for the payment of all utility services supplied to the Leased Property, which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility services, and shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property resulting from ordinary wear and tear or want of care on the part of the Lessee County or any assignee or sublessee lessee thereof. In exchange for the Lease Payments and Additional Rent herein provided, the Lessor Corporation agrees to provide only the Leased Property, as herein providedhereinbefore more specifically set forth. The Lessee County waives the benefits of subsections 1 and 2 of Section 1932, Section 1933(4) and Sections 1941 and 1942 of the California Civil Code, but such waiver shall not limit any of the rights of the County under the terms of this Lease. The County shall also shall pay or cause to be paid all taxes and assessments of any type or nature, if any, charged to the Lessor Corporation or the Lessee County affecting the Leased Property, Property or the respective interests or estates therein or the taxability of any payments pursuant to this Lease Agreementtherein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Lessee County shall be obligated to pay only such installments as are required to be paid during the Term of this Lease Agreement as and when the same become due. The Lessee or any sublessee County may, at the Lessee’s or such sublessee’s County's expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Lessor Corporation shall notify the Lessee or such sublessee County that, in the opinion of Independent Counselits reasonable opinion, by nonpayment of any such items, items the interest of the Lessor Corporation in the Leased Property will be materially endangered or the Leased Property or any part thereof will be subject to loss or forfeiture, in which event the Lessee or such sublessee County shall promptly pay such taxes, assessments or charges or provide the Lessor Corporation with full security against any loss that which may result from nonpayment, in form satisfactory to the LessorCorporation.

Appears in 1 contract

Samples: Lease Agreement

Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this Lease Agreement, as part of the consideration for the rental of the Leased Property, the Lessee shall keep in good all improvement, repair and maintain maintenance of the Leased PropertyProperty are the sole responsibility of the District, and the Lessee shall District will pay for or otherwise arrange for the payment of all utility services supplied to the Leased Property, which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility services, and shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property resulting from ordinary wear and tear or want of care on the part of the Lessee District or any assignee or sublessee thereof. In exchange for the Lease Payments and Additional Rent herein provided, the Lessor Corporation agrees to provide only the Leased Property, as herein providedhereinbefore more specifically set forth. The Lessee also shall District waives the benefits of subsections 1 and 2 of Section 1932, Section 1933(4) and Sections 1941 and 1942 of the California Civil Code, but such waiver does not limit any of the rights of the District under the terms of this Lease Agreement. The District will pay or cause to be paid all taxes and assessments of any type or nature, if any, charged to the Lessor Corporation or the Lessee District affecting the Leased Property, Property or the respective interests or estates therein or the taxability of any payments pursuant to this Lease Agreementtherein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Lessee shall be District is obligated to pay only such installments as are required to be paid during the Term of this Lease Agreement as and when the same become due. The Lessee or any sublessee District may, at the Lessee’s or such sublesseeDistrict’s expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Lessor Corporation shall notify the Lessee or such sublessee District that, in the opinion of Independent Counselits reasonable opinion, by nonpayment of any such items, items the interest of the Lessor Corporation in the Leased Property will be materially endangered or the Leased Property or any part thereof will be subject to loss or forfeiture, in which event the Lessee or such sublessee shall District will promptly pay such taxes, assessments or charges or provide the Lessor Corporation with full security against any loss that which may result from nonpayment, in form satisfactory to the LessorCorporation. The District shall promptly notify the Assignee of any tax, assessment, utility or other charge it elects to contest.

Appears in 1 contract

Samples: Lease Agreement

Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this Lease AgreementLease, as part of the consideration for the rental of the Leased Property, the Lessee shall keep in good all improvement, repair and maintain maintenance of the Leased PropertyProperty shall be the responsibility of the District, and the Lessee District shall pay for or otherwise arrange for the payment of all utility services supplied to the Leased Property, which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility services, and shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property resulting from ordinary wear and tear or want of care on the part of the Lessee District or any assignee or sublessee thereof. In exchange for the Lease Payments and Additional Rent herein provided, the Lessor Corporation agrees to provide only the Leased Property, as herein providedhereinbefore more specifically set forth. The Lessee District waives the benefits of subsections 1 and 2 of Section 1932, Section 1933(4) and Sections 1941 and 1942 of the California Civil Code, but such waiver shall not limit any of the rights of the District under the terms of this Lease. The District shall also shall pay or cause to be paid all taxes and assessments of any type or nature, if any, charged to the Lessor Corporation or the Lessee District affecting the Leased Property, Property or the respective interests or estates therein or the taxability of any payments pursuant to this Lease Agreementtherein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Lessee District shall be obligated to pay only such installments as are required to be paid during the Term of this Lease Agreement as and when the same become due. The Lessee or any sublessee District may, at the Lessee’s or such sublessee’s District's expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Lessor Corporation shall notify the Lessee or such sublessee District that, in the opinion of Independent Counselits reasonable opinion, by nonpayment of any such items, items the interest of the Lessor Corporation in the Leased Property will be materially endangered or the Leased Property or any part thereof will be subject to loss or forfeiture, in which event the Lessee or such sublessee District shall promptly pay such taxes, assessments or charges or provide the Lessor Corporation with full security against any loss that which may result from nonpayment, in form satisfactory to the LessorCorporation.

Appears in 1 contract

Samples: Lease Agreement

Maintenance, Utilities, Taxes and Assessments. The Corporation and the District each agree that during the term of this Operating Agreement it will itself at its own expense or will cause others to (a) keep the Project facilities which it owns in as reasonably safe condition as its operations will reasonably permit, and (b) keep the Project facilities which it owns in good repair and in good operating condition, making from time to time all necessary repairs thereto and renewals and replacements thereof, which may be necessary for this purpose, so that the Project facilities which it owns will remain suitable and efficient for use of the character described in and contemplated by the Indenture. Throughout the Term of this Lease AgreementOperating Agreement all improvement, as part repair and maintenance of the consideration for Project facilities shall be the rental responsibility of the Leased Property, the Lessee shall keep in good repair and maintain the Leased Propertyparty owning such facilities, and the Lessee such party shall pay for or otherwise arrange for the payment of all utility services supplied to the Leased Propertysuch facilities, which may include, without limitation, janitor servicecleaning services, maintenance, security, powerpower and electricity, gas, telephone, light, heating, water telecommunications and radio equipment and all other utility servicesutilities and services supplied to or in connection with the Project, and shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property such facilities or any part thereof resulting from ordinary wear and tear or want of care on the part of the Lessee or any assignee or sublessee thereoftear. In exchange for the Lease Payments and Additional Rent herein provided, the Lessor agrees to provide only the Leased Property, as herein provided. The Lessee Each party shall also shall pay or cause to be paid paid, without abatement, deduction or offset, all property taxes and general and special assessments (collectively, "property taxes") of any type or naturenature levied, if anyassessed or charged by an authorized governmental authority to and against the Project facilities which it owns, charged the improvements thereto from time to the Lessor or the Lessee affecting the Leased Property, time and the respective interests or estates therein or the taxability of any payments pursuant to this Lease Agreementtherein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Lessee each party shall be obligated to pay only such installments as are required to be paid during the Term of this Lease Operating Agreement as and when the same become due. The Lessee or any sublessee foregoing provisions are not a limitation on the obligations of the District to pay Operating Agreement Payments to the Corporation. Each party may, at the Lessee’s or such sublessee’s its expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Lessor shall notify the Lessee or such sublessee that, in the opinion of Independent Counselunless, by nonpayment of any such items, the interest of the Lessor in the Leased Property will be materially endangered or the Leased Property Project or any part thereof will be subject to loss or forfeiture, in which event the Lessee or such sublessee responsible party shall promptly pay such taxes, assessments or charges or provide the Lessor with full security against any loss that which may result from nonpayment, in form satisfactory to the LessorCredit Enhancement Provider and the Trustee. Any payments by the Corporation of the foregoing amounts with respect to Recreational Facilities shall be considered Operating Agreement Payments due from the District hereunder.

Appears in 1 contract

Samples: Operating Agreement (BFC Guaranty Corp)

Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this the Lease Agreement, as part of the consideration for the rental of the Leased Property, the Lessee shall keep in good all improve- ment, repair and maintain maintenance of the Leased Property, Property shall be the responsibility of the City and the Lessee City shall pay for or otherwise arrange for the payment of all utility services supplied to the Leased Property, Property which may include, without limitation, janitor service, security, power, gas, telephonephone, light, heating, water and all other utility services, and shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property resulting from ordinary wear and tear or want of care on the part of the Lessee City or any assignee or sublessee lessee thereof. In exchange ex- change for the Lease Payments and Additional Rent herein provided, the Lessor Agency agrees to provide only the Leased PropertyProp- erty, as herein providedhereinbefore more specifically set forth. The Lessee City waives the benefits of subsections 1 and 2 of Section 1932 of the California Civil Code, but such waiver shall not limit any of the rights of the City under the terms of this Lease Agreement. The City shall also shall pay or cause to be paid all taxes and assessments of any type or nature, if any, charged to the Lessor Agency or the Lessee City affecting the Leased Property, Property or the respective interests inter- ests or estates therein or the taxability of any payments pursuant to this Lease Agreementtherein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Lessee City shall be obligated to pay only such installments as are required to be paid during the Term of this the Lease Agreement as and when the same become due. The Lessee or any sublessee City may, at the Lessee’s or such sublesseeCity’s expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Lessor Agency shall notify the Lessee or such sublessee City that, in the reasonable opinion of Independent Counselthe Agency, by nonpayment of any such items, the interest of the Lessor Agency in the Leased Property will be materially endangered or the Leased Property or any part thereof will be subject sub- ject to loss or forfeiture, in which event the Lessee or such sublessee City shall promptly pay such taxes, assessments or charges or provide the Lessor Agency with full security against any loss that which may result from nonpaymentnon- payment, in form satisfactory to the LessorAgency and the Trustee.

Appears in 1 contract

Samples: Lease Agreement

Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this the Lease Agreement, as part of the consideration for the rental of the Leased Property, the Lessee shall keep in good all improvement, repair and maintain maintenance of the Leased Property, Property shall be the responsibility of the Town and the Lessee Town shall pay for pay, or otherwise arrange arrange, for the payment of all utility services supplied to the Leased Property, Property which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility services, and shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property resulting from ordinary wear and tear or want of care on the part of the Lessee Town or any assignee or sublessee thereof. In exchange for the Lease Payments and Additional Rent herein provided, the Lessor Corporation agrees to provide only the Leased Property, as herein providedhereinbefore more specifically set forth. The Lessee Town waives the benefits of subsections 1 and 2 of section 1932 of the California Civil Code, but such waiver shall not limit any of the rights of the Town under the terms of this Lease Agreement. The Town shall also shall pay or cause to be paid all taxes and assessments of any type or nature, if any, charged to the Lessor Corporation or the Lessee Town affecting the Leased Property, Property or the respective interests or estates therein or the taxability of any payments pursuant to this Lease Agreementtherein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Lessee Town shall be obligated to pay only such installments as are required to be paid during the Term of this the Lease Agreement as and when the same become due. The Lessee or any sublessee Town may, at the Lessee’s or such sublesseeTown’s expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Lessor Corporation or the Municipal Bond Insurer shall notify the Lessee or such sublessee Town that, in the opinion of Independent Counsel, by nonpayment of any such items, the interest of the Lessor Corporation in the Leased Property will be materially endangered or the Leased Property or any part thereof will be subject to loss or forfeiture, in which event the Lessee or such sublessee Town shall promptly pay such taxes, assessments or charges or provide the Lessor Corporation and the Municipal Bond Insurer with full security against any loss that which may result from nonpayment, in form satisfactory to the LessorCorporation and the Municipal Bond Insurer. The Town shall provide the Corporation and the Municipal Bond Insurer with written notice of any such contest and shall provide such updates on the contest as the Corporation may reasonably request.

Appears in 1 contract

Samples: Lease Agreement

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Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this Lease AgreementLease, as part of the consideration for the rental of the Leased Property, the Lessee shall keep in good all improvement, repair and maintain maintenance of the Leased PropertyProperty are the sole responsibility of the City, and the Lessee shall City will pay for or otherwise arrange for the payment of all utility services supplied to the Leased Property, which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility services, and shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property resulting from ordinary wear and tear or want of care on the part of the Lessee City or any assignee or sublessee thereofthereof on the part of the City or any assignee. In exchange for the Lease Payments and Additional Rent herein provided, the Lessor Authority agrees to provide only the Leased Property, as herein providedhereinbefore more specifically set forth. The Lessee also shall City waives the benefits of subsections 1 and 2 of Section 1932, Section 1933(4) and Sections 1941 and 1942 of the California Civil Code, but such waiver does not limit any of the rights of the City under the terms of this Lease. The City will pay or cause to be paid all taxes and assessments of any type or nature, if any, charged to the Lessor Authority or the Lessee City affecting the Leased Property, Property or the respective interests or estates therein or the taxability of any payments pursuant to this Lease Agreementtherein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Lessee shall be City is obligated to pay only such installments as are required to be paid during the Term of this Lease Agreement as and when the same become due. The Lessee or any sublessee City may, at the Lessee’s or such sublesseeCity’s expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Lessor Authority shall notify the Lessee or such sublessee City that, in the opinion of Independent Counselits reasonable opinion, by nonpayment of any such items, items the interest of the Lessor Authority in the Leased Property will be materially endangered or the Leased Property or any part thereof will be subject to loss or forfeiture, in which event the Lessee or such sublessee shall City will promptly pay such taxes, assessments or charges or provide the Lessor Authority with full security against any loss that which may result from nonpayment, in form satisfactory to the LessorAuthority.

Appears in 1 contract

Samples: Lease/Purchase Agreement

Maintenance, Utilities, Taxes and Assessments. The Corporation and the District each agree that during the term of this Recreational Facilities Agreement it will itself at its own expense or will cause others to (a) keep the Project facilities which it owns in as reasonably safe condition as its operations will reasonably permit, and (b) keep the Project facilities which it owns in good repair and in good operating condition, making from time to time all necessary repairs thereto and renewals and replacements thereof, which may be necessary for this purpose, so that the Project facilities which it owns will remain suitable and efficient for use of the character described in and contemplated by the Indenture. Throughout the Term of this Lease AgreementRecreational Facilities Agreement all improvement, as part repair and maintenance of the consideration for Project facilities shall be the rental responsibility of the Leased Property, the Lessee shall keep in good repair and maintain the Leased Propertyparty owning such facilities, and the Lessee such party shall pay for or otherwise arrange for the payment of all utility services supplied to the Leased Propertysuch facilities, which may include, without limitation, janitor servicecleaning services, maintenance, security, powerpower and electricity, gas, telephone, light, heating, water telecommunications and radio equipment and all other utility servicesutilities and services supplied to or in connection with the Project, and shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property such facilities or any part thereof resulting from ordinary wear and tear or want of care on the part of the Lessee or any assignee or sublessee thereoftear. In exchange for the Lease Payments and Additional Rent herein provided, the Lessor agrees to provide only the Leased Property, as herein provided. The Lessee Each party shall also shall pay or cause to be paid paid, without abatement, deduction or offset, all property taxes and general and special assessments (collectively, "property taxes") of any type or naturenature levied, if anyassessed or charged by an authorized governmental authority to and against the Project facilities which it owns, charged the improvements thereto from time to the Lessor or the Lessee affecting the Leased Property, time and the respective interests or estates therein or the taxability of any payments pursuant to this Lease Agreementtherein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Lessee each party shall be obligated to pay only such installments as are required to be paid during the Term of this Lease Recreational Facilities Agreement as and when the same become due. The Lessee or any sublessee Each party may, at the Lessee’s or such sublessee’s its expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Lessor shall notify the Lessee or such sublessee that, in the opinion of Independent Counselunless, by nonpayment of any such items, the interest of the Lessor in the Leased Property will be materially endangered or the Leased Property Project or any part thereof will be subject to loss or forfeiture, in which event the Lessee or such sublessee responsible party shall promptly pay such taxes, assessments or charges or provide the Lessor with full security against any loss that which may result from nonpayment, in form satisfactory to the LessorCredit Enhancement Provider and the Trustee.

Appears in 1 contract

Samples: Recreational Facilities Agreement (BFC Guaranty Corp)

Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this the Lease Agreement, as part of the consideration for the rental of the Leased Property, the Lessee shall keep in good all improvement, repair and maintain maintenance of the Leased Property, Property shall be the responsibility of the Town and the Lessee Town shall pay for pay, or otherwise arrange arrange, for the payment of all utility services supplied to the Leased Property, Property which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility services, and shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property resulting from ordinary wear and tear or want of care on the part of the Lessee Town or any assignee or sublessee thereof. In exchange for the Lease Payments and Additional Rent herein provided, the Lessor Authority agrees to provide only the Leased Property, as herein providedhereinbefore more specifically set forth. The Lessee Town waives the benefits of subsections 1 and 2 of section 1932 of the California Civil Code, but such waiver shall not limit any of the rights of the Town under the terms of this Lease Agreement. The Town shall also shall pay or cause to be paid all taxes and assessments of any type or nature, if any, charged to the Lessor Authority or the Lessee Town affecting the Leased Property, Property or the respective interests or estates therein or the taxability of any payments pursuant to this Lease Agreementtherein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Lessee Town shall be obligated to pay only such installments as are required to be paid during the Term of this the Lease Agreement as and when the same become due. The Lessee or any sublessee Town may, at the Lessee’s or such sublesseeTown’s expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Lessor Authority or the Municipal Bond Insurer shall notify the Lessee or such sublessee Town that, in the opinion of Independent Counsel, by nonpayment of any such items, the interest of the Lessor Authority in the Leased Property will be materially endangered or the Leased Property or any part thereof will be subject to loss or forfeiture, in which event the Lessee or such sublessee Town shall promptly pay such taxes, assessments or charges or provide the Lessor Authority and the Municipal Bond Insurer with full security against any loss that which may result from nonpayment, in form satisfactory to the LessorAuthority. The Town shall provide the Authority with written notice of any such contest and shall provide such updates on the contest as the Authority may reasonably request.

Appears in 1 contract

Samples: Lease Agreement

Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this Lease Agreement, as part of the consideration for the rental of the Leased Property, the Lessee shall keep in good all improvement, repair and maintain maintenance of the Leased PropertyProperty are the sole responsibility of the City, and the Lessee shall City will pay for or otherwise arrange for the payment of all utility services supplied to the Leased Property, which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility services, and shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property resulting from ordinary wear and tear or want of care on the part of the Lessee City or any assignee or sublessee thereof. In exchange for the Lease Payments and Additional Rent herein provided, the Lessor Authority agrees to provide only the Leased Property, as herein providedhereinbefore more specifically set forth. The Lessee also shall City waives the benefits of subsections 1 and 2 of Section 1932, Section 1933(4) and Sections 1941 and 1942 of the California Civil Code, but such waiver does not limit any of the rights of the City under the terms of this Lease Agreement. The City will pay or cause to be paid all taxes and assessments of any type or nature, if any, charged to the Lessor Authority or the Lessee City affecting the Leased Property, Property or the respective interests or estates therein or the taxability of any payments pursuant to this Lease Agreementtherein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Lessee shall be City is obligated to pay only such installments as are required to be paid during the Term of this Lease Agreement as and when the same become due. The Lessee or any sublessee City may, at the Lessee’s or such sublesseeCity’s expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Lessor Authority shall notify the Lessee or such sublessee City that, in the opinion of Independent Counselits reasonable opinion, by nonpayment of any such items, items the interest of the Lessor Authority in the Leased Property will be materially endangered or the Leased Property or any part thereof will be subject to loss or forfeiture, in which event the Lessee or such sublessee shall City will promptly pay such taxes, assessments or charges or provide the Lessor Authority with full security against any loss that which may result from nonpayment, in form satisfactory to the LessorAuthority. The City shall promptly notify the Authority of any tax, assessment, utility or other charge it elects to contest.

Appears in 1 contract

Samples: Lease Agreement

Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this Lease AgreementTerm, as part of the consideration for the rental of the Leased PropertyPremises, the Lessee shall keep in good all improvement, repair and maintain maintenance of the Leased Property, Premises shall be the responsibility of the City and the Lessee City shall pay for pay, or otherwise arrange for the payment of of, all utility services supplied to the Leased Property, Premises which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility services, and shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property Premises resulting from ordinary wear and tear or want of care on the part of the Lessee City or any assignee or sublessee thereof. In exchange for the Lease Rental Payments and Additional Rent herein provided, the Lessor Authority agrees to provide only the Leased PropertyPremises, as herein providedhereinbefore more specifically set forth. The Lessee City waives the benefits of subsections 1 and 2 of Section 1932 of the California Civil Code, but such waiver shall not limit any of the rights of the City under the terms of this Lease Agreement. The City shall also shall pay or cause to be paid all taxes and assessments of any type or nature, if any, charged to the Lessor Authority or the Lessee City affecting the Leased Property, Premises or the respective interests or estates therein or the taxability of any payments pursuant to this Lease Agreementtherein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Lessee City shall be obligated to pay only such installments as are required to be paid during the Lease Term of this Lease Agreement as and when the same become due. The Lessee or any sublessee City may, at the Lessee’s or such sublesseeCity’s expense and in its name, in good faith contest any such taxes, assessments, utility and other charges payable by it hereunder and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Lessor Authority shall notify the Lessee or such sublessee City that, in the opinion of Independent Counselcounsel, by nonpayment of any such items, the interest of the Lessor Authority in the Leased Property Premises will be materially endangered or the Leased Property Premises or any part thereof will be subject to loss or forfeiture, in which event the Lessee or such sublessee City shall promptly pay such taxes, assessments or charges or provide the Lessor Authority with full security against any loss that which may result from nonpayment, in form satisfactory to the LessorAuthority and the Trustee.

Appears in 1 contract

Samples: Lease Agreement

Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this the Lease Agreement, as part of the consideration for the rental of the Leased Property, the Lessee shall keep in good all improvement, repair and maintain maintenance of the Leased Property, Property shall be the responsibility of the City and the Lessee City shall pay for or otherwise arrange for the payment of all utility services supplied to the Leased Property, Property which may include, without limitation, janitor service, security, power, gas, telephonephone, light, heating, water and all other utility services, and shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property resulting from ordinary wear and tear or want of care on the part of the Lessee City or any assignee or sublessee lessee thereof. In exchange for the Lease Payments and Additional Rent herein provided, the Lessor Authority agrees to provide only the Leased Property, as herein providedhereinbefore more specifically set forth. The Lessee City waives the benefits of subsections 1 and 2 of Section 1932 of the California Civil Code, but such waiver shall not limit any of the rights of the City under the terms of this Lease Agreement. The City shall also shall pay or cause to be paid all taxes and assessments of any type or nature, if any, charged to the Lessor Authority or the Lessee City affecting the Leased Property, Property or the respective interests or estates therein or the taxability of any payments pursuant to this Lease Agreementtherein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Lessee City shall be obligated to pay only such installments as are required to be paid during the Term of this the Lease Agreement as and when the same become due. The Lessee or any sublessee City may, at the Lessee’s or such sublesseeCity’s expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Lessor Authority shall notify the Lessee or such sublessee City that, in the reasonable opinion of Independent Counselthe Authority, by nonpayment of any such items, the interest of the Lessor Authority in the Leased Property will be materially endangered or the Leased Property or any part thereof will be subject to loss or forfeiture, in which event the Lessee or such sublessee City shall promptly pay such taxes, assessments or charges or provide the Lessor Authority with full security against any loss that which may result from nonpayment, in form satisfactory to the LessorAuthority.

Appears in 1 contract

Samples: Lease Agreement

Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this Lease AgreementPurchase Contract, as part of the consideration for the rental purchase of the Leased PropertyImprovements, the Lessee shall keep in good all improvement, repair and maintain maintenance of the Leased Property, and Improvements will be the Lessee shall responsibility of the Board. The Board will pay for or otherwise arrange for the payment of all utility services supplied to the Leased PropertyImprovements, which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility services, and shall will pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property Improvements resulting from ordinary wear and tear or want of care on the part of the Lessee Board or any assignee or sublessee lessee thereof. In exchange for the Lease Installment Payments and Additional Rent herein provided, the Lessor Trustee agrees to provide only the Leased PropertyImprovements, as herein provided. more specifically set forth in this Purchase Contract.‌ The Lessee Board shall also shall pay or cause to be paid all taxes and assessments of any type or nature, if any, charged to the Lessor Trustee or the Lessee Board affecting the Leased Property, Improvements or the respective interests or estates therein or the taxability of any payments pursuant to this Lease Agreementtherein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Lessee Board shall be obligated to pay only such installments as are required to be paid during the Term of this Lease Agreement Purchase Contract as and when the same become due. The Lessee Board or any sublessee lessee of the Board may, at the LesseeBoard’s or such sublesseelessee’s expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, the Board or such lessee may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom and shall provide the Trustee with full security against any loss or forfeiture which might arise from such contest and any appeal therefrom, unless the Lessor Trustee shall notify the Lessee Board or such sublessee lessee that, in the opinion of Independent Counselcounsel, by nonpayment of any such items, the interest of the Lessor Trustee in the Leased Property Improvements will be materially endangered or the Leased Property Improvements or any part thereof will be subject to loss or forfeiture, in which event the Lessee Board or such sublessee lessee shall promptly pay such taxes, assessments or charges or provide the Lessor with full security against any loss that may result from nonpayment, in form satisfactory to the Lessorcharges.

Appears in 1 contract

Samples: Installment Purchase Contract

Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this Lease AgreementLease, as part of the consideration for the right of rental of the Leased Property, the Lessee shall keep in good repair and maintain the Leased Propertyall improvement, repair, and maintenance of the Lessee Property shall pay for or otherwise arrange for be the payment responsibility of all utility services supplied to the Leased Property, which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility servicesLessee, and Lessee shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property resulting from ordinary wear and tear or want of care on the part of the Lessee or any assignee or sublessee thereof. In exchange for the Lease Rent Payments and Additional Rent herein provided, and subject to Lessor’s equitable lien as hereinbefore set forth, Lessee agrees to, and does hereby grant Lessee the Lessor agrees right to provide use the Property as hereinbefore and hereafter or specifically set forth. Lessee shall use the Property only for its proper purposes and will not install, use, operate or maintain the Leased PropertyProperty improperly, as herein providedcarelessly or in violation of any applicable law, ordinance, rule or regulation of any governmental authority, or in a manner contrary to the nature of the Property or the use contemplated by its manufacturer. The Property shall be used solely in the conduct of Lessee's operations. Lessee shall obtain, at its expense, all registrations, permits, and licenses, if any, required by law for the installation and operation of the Property. Lessee shall also shall pay or cause to be paid all taxes and assessments of any type or nature, if any, nature charged to the Lessor or Lessee or levied, assessed or charged against any item of the Lessee affecting the Leased Property, Property or the respective interests or estates therein or the taxability of any payments pursuant to this Lease Agreementtherein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Lessee shall be obligated to pay only such installments as are required to be paid during the Term of this Lease Agreement as and when the same become due. The Lessee or any sublessee may, at the Lessee’s or such sublessee’s 's expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Lessor shall notify Lessee that nonpayment is affecting timely payment of the Lessee Rent Payments, or such sublessee in the case of Lessor that, in the opinion of Independent Special Counsel, by nonpayment of any such items, the interest of the Lessor in the Leased Property will be materially endangered or the Leased Property or any part thereof will be subject to loss or forfeiture, in which event the Lessee or such sublessee shall promptly pay such taxes, assessments assessments, or charges or provide the Lessor with full security against any loss that which may result from nonpayment, in form satisfactory to the Lessor.

Appears in 1 contract

Samples: Lease Purchase Agreement

Maintenance, Utilities, Taxes and Assessments. Throughout During such time as the Term of this Lease Agreement, as part of the consideration for the rental City or any assignee or sublessee thereof is in possession of the Leased Property, the Lessee shall keep in good repair all maintenance and maintain repair, ordinary or extraordinary, of the Leased PropertyProperty shall be the responsibility of the City, and the Lessee City shall pay for or otherwise arrange for the payment of (a) all utility services supplied to the Leased Property, which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility services, and shall pay for or otherwise arrange for the payment of (b) the cost of operation of the Leased Property, and (c) the costs of maintenance of and repair and replacement of to the Leased Property resulting from ordinary wear and tear or want of care on the part of the Lessee City. The City shall at the City’s sole cost and expense keep and maintain the Leased Property clean and in a safe and good condition and repair. The Authority shall have no obligation to alter, remodel, improve, repair, decorate, or paint the Leased Property or any assignee part thereof, and the parties hereto affirm that the Authority has made no representations or sublessee thereof. In exchange for warranties to the Lease Payments and Additional Rent herein provided, City respecting the Lessor agrees to provide only condition of the Leased Property. The City shall comply with all statutes, ordinances, regulations, and other requirements of all governmental entities that pertain to the occupancy or use of the Leased Property. The Authority has no responsibility or obligation whatsoever to construct any improvements, modifications or alterations to the Leased Property. The City waives the right to make repairs at the Authority’s expense under Subsection 1 of Section 1932 and Section 1942 of the California Civil Code, or any other such law, statute, or ordinance now or hereafter in effect. The parties hereto contemplate that the Leased Property will be used for public purposes by the City and, therefore, that the Leased Property will be exempt from all taxes presently assessed and levied with respect to real and personal property, respectively. In the event that the use, possession or acquisition by the Authority or the City of the Leased Property is found to be subject to taxation in any form, the City will pay during the term hereof, as herein provided. The Lessee also shall pay or cause to be paid the same respectively become due, all taxes and assessments governmental charges of any type kind whatsoever that may at any time be lawfully assessed or nature, if any, charged levied against or with respect to the Lessor Leased Property and any other property acquired by the City in substitution for, as a renewal or the Lessee affecting replacement of, or a modification, improvement or addition to the Leased Property; provided, the respective interests or estates therein or the taxability of any payments pursuant to this Lease Agreement; provided that with respect to special assessments or other any governmental charges or taxes that may lawfully be paid in installments over a period of years, the Lessee City shall be obligated to pay only such installments as are required to be paid accrued during the Term of such time as this Lease Agreement as and when the same become due. The Lessee or any sublessee may, at the Lessee’s or such sublessee’s expense and is in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Lessor shall notify the Lessee or such sublessee that, in the opinion of Independent Counsel, by nonpayment of any such items, the interest of the Lessor in the Leased Property will be materially endangered or the Leased Property or any part thereof will be subject to loss or forfeiture, in which event the Lessee or such sublessee shall promptly pay such taxes, assessments or charges or provide the Lessor with full security against any loss that may result from nonpayment, in form satisfactory to the Lessoreffect.

Appears in 1 contract

Samples: Lease Agreement

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