Common use of O&M Programs Clause in Contracts

O&M Programs. If indicated in Section 1.04 or as otherwise required by Funding Lender, Borrower will have or establish and adhere to one or more written operations and maintenance programs for the Mortgaged Property with respect to certain Hazardous Materials. Each such operations and maintenance program and any additional or revised operations and maintenance programs established for the Mortgaged Property pursuant to this Section 6.12 must be approved by Funding Lender and will be referred to in this Continuing Covenant Agreement as an “O&M Program.” If Borrower is required to have an O&M Program, Borrower will (i) keep copies of all O&M Program documentation at the Mortgaged Property or at the Property Manager’s office, (ii) make such materials available for review by Funding Lender or Loan Servicer during any annual assessment or other inspection of the Mortgaged Property that is required by Funding Lender, and (iii) deliver copies of any O&M Program to Funding Lender within 10 days after Funding Lender’s request. Borrower will comply in a timely manner with, and cause all employees, agents, and contractors of Borrower and any other Persons present on the Mortgaged Property to comply with each O&M Program. Borrower will pay all costs of performance of ▇▇▇▇▇▇▇▇’s obligations under any O&M Program. Borrower will pay Funding ▇▇▇▇▇▇’s out of pocket costs incurred in connection with the monitoring and review of each O&M Program promptly upon demand by Funding Lender. Any such out-of-pocket costs of Funding Lender that Borrower fails to pay promptly will become an additional part of the Indebtedness as provided in Section 9.02.