WITH SUCH REPAIR OR REPLACEMENT, THEN LESSOR SHALL HAVE THE
RIGHT, BUT SHALL NOT BE OBLIGATED, TO MAKE SUCH REPAIRS OR REPLACEMENTS ON
BEHALF OF AND FOR THE ACCOUNT OF LESSEE.
IN SUCH EVENT, SUCH WORK SHALL BE PAID
FOR IN FULL BY LESSEE AS ADDITIONAL CHARGES.
(B)
NOTWITHSTANDING LESSEE'S OBLIGATIONS UNDER SECTION 9.1(A)
HEREINABOVE AND THE OTHER PROVISIONS OF THIS LEASE, IN THE EVENT THAT
(I) REPAIRS, REPLACEMENTS AND/OR IMPROVEMENTS OF THE LEASED PROPERTY BECOME
NECESSARY IN ORDER TO MAINTAIN THE FACILITY IN THE SAME QUALITY AND CONDITION AS
IT CURRENTLY EXISTS, (II) SUCH REPAIRS, REPLACEMENTS AND/OR IMPROVEMENTS ARE
UNDER GENERALLY ACCEPTED ACCOUNTING PRINCIPLES CONSIDERED TO BE CAPITAL IN
NATURE, (III) THE FUNDS THEN AVAILABLE TO LESSEE IN THE FFE RESERVE OR AT THE
LEASED PROPERTY, EITHER IN THE FORM OF RESERVES, INSURANCE PROCEEDS, OR OTHER
INCOME GENERATED BY THE LEASED PROPERTY AND AVAILABLE TO LESSEE ARE INSUFFICIENT
TO ENABLE LESSEE TO PAY THE COSTS OF MAKING ANY SUCH REPAIRS, REPLACEMENTS
AND/OR IMPROVEMENTS, AND (IV) LESSOR CONSENTS TO THE REPAIRS, REPLACEMENTS,
AND/OR IMPROVEMENTS, THEN LESSOR SHALL BE REQUIRED TO BEAR THE COST OF MAKING
SUCH REPAIRS, REPLACEMENTS AND/OR IMPROVEMENTS.
EXCEPT AS SET FORTH IN THE
FOREGOING SENTENCE, LESSOR SHALL NOT UNDER ANY CIRCUMSTANCES BE REQUIRED TO
BUILD OR REBUILD ANY IMPROVEMENTS ON THE LEASED PROPERTY, TO MAKE ANY REPAIRS,
REPLACEMENTS, ALTERATIONS, RESTORATIONS OR RENEWALS OF ANY NATURE OR DESCRIPTION
TO THE LEASED PROPERTY, WHETHER ORDINARY OR EXTRAORDINARY, FORESEEN OR
UNFORESEEN, OR TO MAKE ANY EXPENDITURE WHATSOEVER WITH RESPECT THERETO, IN
CONNECTION WITH THIS LEASE, OR TO MAINTAIN THE LEASED PROPERTY IN ANY WAY.
LESSEE AGREES THAT UNLESS CONTEMPLATED BY THE ANNUAL BUDGET, OR OTHERWISE
DIRECTED BY LESSOR, IT WILL NOT MAKE REPAIRS AT THE EXPENSE OF LESSOR PURSUANT
TO ANY LAW IN EFFECT AT THE TIME OF THE EXECUTION OF THIS LEASE OR HEREAFTER
ENACTED UNLESS ORDERED TO DO SO BY ANY GOVERNMENTAL AUTHORITY HAVING
JURISDICTION OVER THE LEASED PROPERTY.
LESSOR SHALL HAVE THE RIGHT TO GIVE,
RECORD AND POST, AS APPROPRIATE, NOTICES OF NONRESPONSIBILITY UNDER ANY
MECHANIC'S LIEN LAWS NOW OR HEREAFTER EXISTING.
(C)
NOTHING CONTAINED IN THIS LEASE AND NO ACTION OR INACTION BY
LESSOR SHALL BE CONSTRUED AS (1) CONSTITUTING THE REQUEST OF LESSOR, EXPRESSED
OR IMPLIED, TO ANY CONTRACTOR,
27
SUBCONTRACTOR, LABORER, MATERIALMAN OR VENDOR TO OR FOR THE PERFORMANCE OF ANY
LABOR OR SERVICES OR THE FURNISHING OF ANY MATERIALS OR OTHER PROPERTY FOR THE
CONSTRUCTION, ALTERATION, ADDITION, REPAIR OR DEMOLITION OF OR TO THE LEASED
PROPERTY OR ANY PART THEREOF, OR (2) GIVING LESSEE ANY RIGHT, POWER OR
PERMISSION TO CONTRACT FOR OR PERMIT THE PERFORMANCE OF ANY LABOR OR SERVICES OR
THE FURNISHING OF ANY MATERIALS OR OTHER PROPERTY IN SUCH FASHION AS WOULD
PERMIT THE MAKING OF ANY CLAIM AGAINST LESSOR IN RESPECT THEREOF OR TO MAKE ANY
AGREEMENT THAT MAY CREATE, OR IN ANY WAY BE THE BASIS OF ANY RIGHT, TITLE,
INTEREST, LIEN, CLAIM OR OTHER ENCUMBRANCE UPON THE ESTATE OF LESSOR IN THE
LEASED PROPERTY, OR ANY