Common use of Condition of the Facility Clause in Contracts

Condition of the Facility. The Owner shall have the continuing responsibility and obligation to maintain the Facility and agrees to keep the Facility in good repair with the exception of normal wear and tear. The Licensee shall not damage, injure, deface, or otherwise mar the Facility, or permit others to do so. If the Licensee or its officers, employees, agents, or invitees cause damage to the Facility, the Licensee agrees to repair or restore or, pay to repair or restore, the Facility to its original condition. The Licensee shall not make any alterations or improvements to the Facility, with the exception of movable trade fixtures, without the express written consent of the Owner. If the Licensee or its officers, employees, agents alter or make improvements to the Facility without the Owner’s consent, the Owner may require that: a. The Licensee, at the Licensee’s sole expense, remove such alteration or improvement and restore the Facility to its original condition; or b. If the Licensee fails to restore the Facility to its original condition, the Owner can cause such work to be done. The Licensee will reimburse the Owner for the cost of such work and the Owner can withhold an amount equivalent to the cost of such work from any payments to the Licensee in order to satisfy any amounts due and owing. Any improvements, alterations, or fixtures installed by the Licensee and not removed upon expiration of the Agreement shall become the property of the Owner.

Condition of the Facility. The Owner shall have the continuing responsibility and obligation to maintain the Facility and agrees to keep the Facility in good repair with the exception of normal wear and tear. The Licensee shall not damage, injure, deface, or otherwise mar the Facility, or permit others to do so. If the Licensee or its officers, employees, agents, or invitees cause damage to the Facility, the Licensee agrees to repair or restore or, pay to repair or restore, the Facility to its original condition. The Licensee shall not make any alterations or improvements to the Facility, with the exception of movable trade fixtures, without the express written consent of the Owner. If the Licensee licensee or its officers, employees, agents alter or make improvements to the Facility without the Owner’s 's consent, the Owner may require that: a. 1. The Licensee, at the Licensee’s 's sole expense, remove such alteration or improvement and restore the Facility to its original condition; or b. 2. If the Licensee fails to restore the Facility to its original condition, the Owner can cause such work to be done. The Licensee will reimburse the Owner for the cost of such work and the Owner can withhold an amount equivalent to the cost of such work from any payments to the Licensee in order to satisfy any amounts due and owing. Any improvements, alterations, or fixtures installed by the Licensee and not removed upon expiration of the Agreement shall become the property of the Owner.