Common use of Maintenance and Use Clause in Contracts

Maintenance and Use. During the Term, Developer shall cause the CID Improvements, the Project and all other of its property used or useful in the conduct of its business and operations within the District, to be maintained, preserved and kept in good repair and working order and in a safe condition, consistent at all times with other similarly situated retail space in the greater metropolitan Kansas City area, and will make all repairs, renewals, replacements and improvements necessary for the safe, efficient, and advantageous conduct of its business and operations within the District. Nothing in this Section 6.03 shall preclude Developer from removing or demolishing any building or buildings, if in its reasonable judgment, such removal or demolition is desirable in the conduct of its business, and as long as the same does not materially adversely affect the value of the Project or Developer's ability to (i) perform its obligations under this Agreement, or (ii) generate CID Sales Taxes within the District. Developer may make additions, alterations and changes to the Project so long as such additions, alterations and changes are made in compliance with all Applicable Laws and Requirements, this Agreement, the Development Plan, and as long as the same do not materially adversely affect the value of the Project or Developer's ability to perform its obligations under this Agreement, or generate CID Sales Taxes within the District. Without limiting the generality of the foregoing, Developer hereby understands and agrees that it shall execute, deliver and fully comply with the terms and conditions of that certain Covenant to Maintain Private Parking Facilities, the form of which is attached hereto as Exhibit J.

Maintenance and Use. During the Term, Developer shall cause the CID Improvements, the Project and all other of its property used or useful in the conduct of its business and operations within the District, to be maintained, preserved and kept in good repair and working order and in a safe condition, consistent at all times with other similarly situated "Class A" retail space in the greater metropolitan Kansas City area, and will make all repairs, renewals, replacements and improvements necessary for the safe, efficient, and advantageous conduct of its business and operations within the District. Nothing in this Section 6.03 shall preclude Developer from removing or demolishing any building or buildings, if in its reasonable judgment, such removal or demolition is desirable in the conduct of its business, and as long as the same does not materially adversely affect the value of the Project or Developer's ability to (i) perform its obligations under this Agreement, or (ii) generate CID Sales Taxes within the District. Developer may make additions, alterations and changes to the Project so long as such additions, alterations and changes are made in compliance with all Applicable Laws and Requirements, this Agreement, the Development Plan, and as long as the same do not materially adversely affect the value of the Project or Developer's ability to perform its obligations under this Agreement, or generate CID Sales Taxes within the District. Without limiting the generality of the foregoing, Developer hereby understands and agrees that it shall execute, deliver and fully comply with the terms and conditions of that certain Covenant to Maintain Private Parking Facilities, the form of which is attached hereto as Exhibit J.I. Notwithstanding anything set forth herein which is seemingly to the contrary, the provisions in this Section 6.03 shall not be deemed to give the City any right to approve, consent to or restrict the Developer's rights to lease the Project, or portions thereof, to any particular retail tenants, except as set forth in Section 6.02(e) above.

Maintenance and Use. During the Term, Developer shall cause the CID Improvements, the Project and all other of its property used or useful in the conduct of its business and operations within the District, to be maintained, preserved and kept in good repair and working order and in a safe condition, consistent at all times with other similarly situated retail space in the greater metropolitan Kansas City area, and will make all repairs, renewals, replacements and improvements necessary for the safe, efficient, and advantageous conduct of its business and operations within the District. Nothing in this Section 6.03 shall preclude Developer from removing or demolishing any building or buildings, if in its reasonable judgment, such removal or demolition is desirable in the conduct of its business, and as long as the same does not materially adversely affect the value of the Project or Developer's ability to (i) perform its obligations under this Agreement, or (ii) generate CID Sales Taxes within the District. Developer may make additions, alterations and changes to the Project so long as such additions, alterations and changes are made in compliance with all Applicable Laws and Requirements, this Agreement, the Development Plan, and as long as the same do not materially adversely affect the value of the Project or Developer's ability to perform its obligations under this Agreement, or generate CID Sales Taxes within the District. Without limiting the generality of the foregoing, Developer hereby understands and agrees that it shall execute, deliver and fully comply with the terms and conditions of that certain Covenant to Maintain Private Parking Facilities, the form of which is attached hereto as Exhibit J.I.

Maintenance and Use. During the Term, Developer shall cause the CID Improvements, the TDD Project and all other of its property used or useful in the conduct of its business and operations within the District, to be maintained, preserved and kept in good repair and working order and in a safe condition, consistent at all times with other similarly situated retail space in the greater metropolitan Kansas City area, and will make all repairs, renewals, replacements and improvements necessary for the safe, efficient, and advantageous conduct of its business and operations within the District. Nothing in this Section 6.03 8.03 shall preclude Developer from removing or demolishing any building or buildings, if in its reasonable judgment, such removal or demolition is desirable in the conduct of its business, and as long as the same does not materially adversely affect the value of the Project or Developer's ability to (i) perform its obligations under this Agreement, or (ii) generate CID TDD Sales Taxes within the District. Developer may make additions, alterations and changes to the Project so long as such additions, alterations and changes are made in compliance with all Applicable Laws and Requirements, this Agreement, the Development Plan, and as long as the same do not materially adversely affect the value of the TDD Project or Developer's ability to perform its obligations under this Agreement, or generate CID TDD Sales Taxes within the District. Without limiting the generality of the foregoing, Developer hereby understands and agrees that it shall execute, deliver and fully comply with the terms and conditions of that certain Covenant to Maintain Private Parking Facilities, the form of which is attached hereto as Exhibit J.

Maintenance and Use. During the Term, Developer shall cause the CID Improvements, the Project and all other of its property used or useful in the conduct of its business and operations within the DistrictProject Area, to be maintained, preserved and kept in good repair and working order and in a safe condition, consistent at all times with other similarly situated retail retail, office, hotel and other mixed-use space in the greater metropolitan Kansas City area, and will make all repairs, renewals, replacements and improvements necessary for the safe, efficient, and advantageous professional conduct of its business and operations within the DistrictProject Area. Nothing in this Section 6.03 7.06 shall preclude Developer from removing or demolishing any building or buildings, if in its reasonable judgment, such removal or demolition is desirable in the conduct of its business, and as long as the same does not materially adversely affect the value of the Project or Developer's ability to (i) perform its obligations under this Agreement, or (ii) generate CID Sales Incremental Taxes within the DistrictDistricts. Developer may make additions, alterations and changes to the Project so long as such additions, alterations and changes are made in compliance with all Applicable Laws and Requirements, this Agreement, the Project Plan, the Development Plan, and as long as the same do not materially adversely affect the value of the Project or Developer's ability to perform its obligations under this Agreement, or generate CID Sales Incremental Taxes within the DistrictDistricts. Developer agrees to set aside on its books such commercially reasonable reserves for future maintenance and capital expenditures. Without limiting the generality of the foregoing, Developer hereby understands and agrees that it shall execute, deliver and fully comply with the terms and conditions of that certain Covenant to Maintain Private Parking Facilities, the form of which is attached hereto as Exhibit J.P.

Maintenance and Use. During the Term, Developer shall cause the CID Improvements, the Amended Project and all other of its property used or useful in the conduct of its business and operations within the DistrictDistricts, to be maintained, preserved and kept in good repair and working order and in a safe condition, consistent at all times with other similarly situated retail space in the greater metropolitan Kansas City area, and will make all repairs, renewals, replacements and improvements necessary for the safe, efficient, and advantageous conduct of its business and operations within the District. Nothing in this Section 6.03 11.03 shall preclude Developer from removing or demolishing any building or buildings, if in its reasonable judgment, such removal or demolition is desirable in the conduct of its business, and as long as the same does not materially adversely affect the value of the Amended Project or Developer's ability to to: (i) perform its obligations under this Second Amended and Restated Agreement, or (ii) generate CID Sales Taxes sales taxes within the DistrictDistricts. Developer may make additions, alterations and changes to the Amended Project so long as such additions, alterations and changes are made in compliance with all Applicable Laws and Requirements, this Second Amended and Restated Agreement, the Development Plan, and as long as the same do not materially adversely affect the value of the Amended Project or Developer's ability to perform its obligations under this Second Amended and Restated Agreement, or generate CID Sales Taxes sales taxes within the DistrictDistricts. Without limiting the generality of the foregoing, Developer hereby understands and agrees that it shall execute, deliver and fully comply with the terms and conditions of that certain Covenant to Maintain Private Parking Facilities, the form of which is attached hereto as Exhibit J.XW, which form may include any clarifications requested by Developer and approved by the City's legal department prior to execution thereof.

Maintenance and Use. During the Term, Developer shall cause the CID Improvements, the Project and all other of its property used or useful in the conduct of its business and operations within the District, to be maintained, preserved and kept in good repair and working order and in a safe condition, consistent at all times with other similarly situated multi-family and retail space in the greater metropolitan Kansas City area, and will make all repairs, renewals, replacements and improvements necessary for the safe, efficient, and advantageous conduct of its business and operations within the District. Nothing in this Section 6.03 shall preclude Developer from removing or demolishing any building or buildings, if in its reasonable judgment, such removal or demolition is desirable in the conduct of its business, and as long as the same does not materially adversely affect the value of the Project or Developer's ability to (i) perform its obligations under this Agreement, or (ii) generate CID Sales Taxes within the District. Developer may make additions, alterations and changes to the Project so long as such additions, alterations and changes are made in compliance with all Applicable Laws and Requirements, this Agreement, the Development Plan, and as long as the same do not materially adversely affect the value of the Project or Developer's ability to perform its obligations under this Agreement, or generate CID Sales Taxes within the District. Without limiting the generality of the foregoing, Developer hereby understands and agrees that it shall execute, deliver and fully comply with the terms and conditions of that certain the City's most current form of Covenant to Maintain Private Parking Facilities, the current form of which is attached hereto as Exhibit J.K, which form may be updated by the City any time prior to execution of the same by Developer.