Common use of Maintenance of the Secured Property Clause in Contracts

Maintenance of the Secured Property. (a) Borrower shall keep the buildings, parking areas, roads and walkways, recreational facilities, landscaping and all other improvements of any kind now or hereafter erected on the Secured Property or any part thereof in good condition and repair, will not commit or suffer any waste or will not do or suffer to be done anything which would or could increase the risk of fire or other hazard to the Secured Property or any other part thereof or which would or could result in the cancellation of any insurance policy carried with respect to the Secured Property. (b) Except in accordance with the Plans and Specifications, Borrower shall not remove, demolish or alter the structural character of the Secured Property without the prior written consent of Administrative Agent, which consent shall not be unreasonably withheld, conditioned or delayed. Borrower shall not remove or permit to be removed from the Secured Property any item or items referred to in this Instrument which are or may hereafter be in any way attached or affixed to the Land or to any improvement thereon, except in the ordinary course of maintaining and operating the Secured Property. (c) If the Secured Property or any part thereof is damaged by fire or other cause, Borrower will give prompt written notice thereof to Administrative Agent. (d) Subject to the applicable provisions of the Loan Agreement and the rights of Tenants under any Lease, Administrative Agent and any persons authorized by Administrative Agent shall have the right to enter upon and inspect the Secured Property and to make or cause to be made such investigations and analyses thereof as Administrative Agent deems necessary at all reasonable times and upon reasonable prior notice, and access thereto shall be permitted for such purposes. (e) Borrower will promptly comply with all present and future laws, ordinances, orders, rules and regulations of any governmental authority affecting the Secured Property or any part thereof. (f) If all or any part of the Secured Property shall be damaged by fire or other casualty, Borrower will, if insurance proceeds are made available for restoration (but regardless of whether any such insurance proceeds are sufficient for the restoration), promptly restore the Secured Property to the equivalent of its original condition or payoff the Secured Indebtedness; and if a part of the Secured Property shall be affected by a condemnation action or taking by eminent domain, Borrower will promptly restore, repair or alter the remaining portions of the Secured Property in a manner reasonably satisfactory to Administrative Agent in accordance with the Loan Documents. (g) Borrower shall not, directly or indirectly, initiate, join in or consent to any change in any private restrictive covenant, zoning ordinance or other public or private restrictions applicable to the Secured Property or any part thereof or interest therein without the prior written consent of Administrative Agent, such consent not to be unreasonably withheld, conditioned or delayed, and no such action, vote, consent or the like taken or given by Borrower with respect to the Secured Property or any part thereof or interest therein shall be effective without such prior written consent.

Maintenance of the Secured Property. (a) Borrower shall Mortgagor will keep the buildings, parking areas, roads and walkways, recreational facilities, landscaping and all other improvements of any kind now or hereafter erected on the Secured Property or any part thereof in good condition and repair, will not commit or suffer any material, physical waste or will not do or suffer to be done anything which would or could increase the risk of fire or other hazard to the Secured Property or any other part thereof or which would or could reasonably result in the cancellation of any insurance policy carried with respect to the Secured Property. (b) Except in accordance with the Plans and Specifications, Borrower shall Mortgagor will not materially remove, demolish or alter the structural character of the Secured Property without the prior written consent of Administrative AgentMortgagee. Except as otherwise permitted under the Loan Documents, which consent shall not be unreasonably withheld, conditioned or delayed. Borrower Mortgagor shall not remove or permit to be removed from the Secured Property any item or items referred to in this Instrument which are or may hereafter be in any way attached or affixed to the Land or to any improvement thereon, except in the ordinary course of maintaining and operating the Secured Property. (c) If the Secured Property or any part thereof is damaged by fire or other cause, Borrower Mortgagor will give prompt written notice thereof to Administrative AgentMortgagee. (d) Subject to the applicable provisions of the Loan Agreement and the rights of Tenants under any Lease, Administrative Agent Mortgagee and any persons authorized by Administrative Agent Mortgagee shall have the right during business hours on business days to enter upon and inspect the Secured Property and to make or cause to be made such investigations and analyses thereof as Administrative Agent Mortgagee deems necessary at all reasonable times and upon reasonable prior notice, and access thereto shall be permitted for such purposes. (e) Borrower Mortgagor will promptly comply with all present and future laws, ordinances, orders, rules and regulations of any governmental authority affecting the Secured Property or any part thereof. (f) If all or any part of the Secured Property shall be damaged by fire or other casualty, Borrower will, if insurance proceeds are made available for restoration (but regardless of whether any such insurance proceeds are sufficient for the restoration), Mortgagor will promptly restore the Secured Property to the equivalent of its original condition or payoff the Secured IndebtednessIndebtedness in accordance with the Loan Documents; and if a part of the Secured Property shall be affected by a condemnation action or taking by eminent domaindamaged through condemnation, Borrower Mortgagor will promptly restore, repair or alter the remaining portions of the Secured Property in a manner reasonably satisfactory to Administrative Agent Mortgagee in accordance with the Loan Documents. (g) Borrower Mortgagor shall not, directly or indirectly, initiate, join in or consent to any change in any private restrictive covenant, zoning ordinance or other public or private restrictions applicable to the Secured Property or any part thereof or interest therein without the prior written consent of Administrative AgentMortgagee, such consent not to be unreasonably withheld, conditioned or delayed, and no such action, vote, consent or the like taken or given by Borrower Mortgagor with respect to the Secured Property or any part thereof or interest therein shall be effective without such prior written consent.