LANDLORD SHALL NOT
BE REQUIRED TO BUILD OR REBUILD ANY IMPROVEMENTS ON THE LEASED PROPERTY, OR TO
MAKE ANY REPAIRS, REPLACEMENTS, ALTERATIONS, RESTORATIONS OR RENEWALS OF ANY
NATURE OR DESCRIPTION TO THE LEASED PROPERTY, WHETHER ORDINARY OR EXTRAORDINARY,
STRUCTURAL OR NON-STRUCTURAL, FORESEEN OR UNFORESEEN, OR TO MAKE ANY EXPENDITURE
WHATSOEVER WITH RESPECT THERETO, OR TO MAINTAIN THE LEASED PROPERTY IN ANY WAY.
TENANT HEREBY WAIVES, TO THE EXTENT PERMITTED BY LAW, THE RIGHT TO MAKE REPAIRS
AT THE EXPENSE OF LANDLORD PURSUANT TO ANY LAW IN EFFECT AT THE TIME OF THE
EXECUTION OF THIS LEASE OR THEREAFTER ENACTED.
(C)
NOTHING CONTAINED HEREIN AND NO ACTION OR INACTION BY LANDLORD
SHALL BE CONSTRUED AS (I) CONSTITUTING THE CONSENT OR REQUEST OF LANDLORD,
EXPRESSED OR IMPLIED, TO ANY CONTRACTOR, 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 (II) GIVING TENANT 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 LANDLORD IN RESPECT
THEREOF OR TO ENTER INTO
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ANY AGREEMENT THAT PURPORTS TO CREATE ANY RIGHT, TITLE, INTEREST, LIEN, CLAIM OR
OTHER ENCUMBRANCE UPON THE ESTATE OF LANDLORD IN THE LEASED PROPERTY.
(D)
TENANT WILL, UPON THE EXPIRATION OR PRIOR TERMINATION OF THE TERM
WITH RESPECT TO ANY LEASED PROPERTY, VACATE AND SURRENDER THE SAME TO LANDLORD
IN GOOD CONDITION, EXCEPT AS REPAIRED, REBUILT, ALTERED OR ADDED TO AS PERMITTED
OR REQUIRED BY THE PROVISIONS OF THIS LEASE AND EXCEPT FOR ORDINARY WEAR AND
TEAR (SUBJECT TO THE OBLIGATION OF TENANT TO MAINTAIN THE LEASED PROPERTY IN
GOOD ORDER AND REPAIR DURING THE TERM) AND DAMAGE BY FIRE OR OTHER CASUALTY TO
THE EXTENT NOT REQUIRED TO BE REPAIRED OR RESTORED PURSUANT TO THE TERMS OF THIS
LEASE. IN ADDITION, SUBJECT TO THE RIGHTS AND REMEDIES OF LANDLORD WITH RESPECT
TO ITS LIEN ON THE FF&E, UPON EXPIRATION OF THE LEASE, TENANT SHALL REMOVE
TENANT'S PERSONALTY FROM THE LEASED PROPERTY IN A MANNER THAT WILL NOT DAMAGE
THE LEASED PROPERTY IN ANY MATERIAL RESPECT OR IF IT DOES, TENANT SHALL PROMPTLY
REPAIR THE SAME.
9.2
Immaterial Encroachments, Restrictions, etc
. If (A) any of the Leased Improvements shall, at any time, encroach upon any
property, street or right-of-way adjacent to the Leased Property, or shall
violate the agreements or conditions contained in any lawful restrictive
covenant or other agreement affecting the Leased Property, or shall impair the
rights of others under any easement or right-of-way to which the Leased Property
is subject and (B) the same can be cured by Tenant without the expenditure of a
material amount of money, then promptly upon the request of Landlord or at the
behest of any person affected by any such encroachment, violation