First Class Condition shall mean the condition satisfying each of the following: (a) being in compliance with Applicable Law, (b) being in good condition and repair, normal wear and tear excepted, and (c) having the level of improvements and new technology from time to time found at a reasonable number of Comparable Facilities, provided that, with respect to improvements and new technology that perform a completely new function rather than being a replacement, upgrade or enhancement of then existing portions of the Facilities, this clause (c) shall be limited to the level of improvements and new technology that at the time in question have been successfully implemented in a majority of Comparable Facilities.

Index of Defined Terms
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