EVENT OF DEFAULT IN NOT DISCHARGING SUCH
LIEN.
TENANT SHALL PAY ALL COST AND EXPENSES IN CONNECTION WITH THE REMOVAL OF
SUCH LIENS, WHETHER INCURRED BY LANDLORD OR TENANT, INCLUDING, WITHOUT
LIMITATION, DAMAGES, INTEREST, COURT COSTS AND REASONABLE ATTORNEYS' FEES AND
EXPENSES.
8.06
REPLACEMENTS OF FIXTURES.
TENANT SHALL NOT REMOVE FIXTURES FROM THE
LEASED PROPERTY EXCEPT TO REPLACE THE FIXTURES BY OTHER SIMILAR ITEMS OF
COMPARABLE QUALITY AND FUNCTIONALITY.
ITEMS BEING REPLACED BY TENANT MAY BE
REMOVED AND SHALL BECOME THE PROPERTY OF TENANT, AND ITEMS REPLACING THE SAME
SHALL BE AND REMAIN THE PROPERTY OF THE LANDLORD.
TENANT SHALL EXECUTE, UPON
WRITTEN REQUEST FROM LANDLORD, ANY AND ALL DOCUMENTS NECESSARY TO EVIDENCE
LANDLORD'S OWNERSHIP OF THE FIXTURES AND REPLACEMENTS THEREFOR.
TENANT MAY
FINANCE REPLACEMENTS FOR THE FIXTURES BY EQUIPMENT LEASE OR BY A SECURITY
AGREEMENT AND FINANCING STATEMENT; PROVIDED, HOWEVER, THAT FOR ANY ITEM OF
FIXTURES HAVING A COST GREATER THAN OR EQUAL TO ONE HUNDRED THOUSAND DOLLARS
($100,000) (OR THIRTY THOUSAND DOLLARS ($30,000) IN THE CASE OF A FINANCING THAT
IS PROPOSED WITHIN THE LAST THIRTY-SIX (36) MONTHS OF A TERM), TENANT MAY NOT
FINANCE REPLACEMENTS BY SECURITY AGREEMENT OR EQUIPMENT LEASE UNLESS
(A) LANDLORD HAS CONSENTED TO THE TERMS AND CONDITIONS OF THE EQUIPMENT LEASE OR
SECURITY AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE AMOUNT TO BE FINANCED AND
THE AMORTIZATION SCHEDULE REGARDING THE PRINCIPAL AMOUNT OF ANY SUCH FINANCING,
(B) THE EQUIPMENT LESSOR OR LENDER HAS ENTERED INTO A NON-DISTURBANCE AGREEMENT
WITH THE LANDLORD UPON TERMS AND CONDITIONS ACCEPTABLE TO LANDLORD, INCLUDING
WITHOUT LIMITATION, THE FOLLOWING: (I) LANDLORD SHALL HAVE THE RIGHT (BUT NOT
THE OBLIGATION) TO ASSUME SUCH SECURITY AGREEMENT OR EQUIPMENT LEASE UPON THE
OCCURRENCE OF AN EVENT OF DEFAULT BY TENANT UNDER THIS LEASE AGREEMENT, (II) THE
EQUIPMENT LESSOR OR LENDER SHALL NOTIFY LANDLORD OF ANY DEFAULT BY TENANT UNDER
THE EQUIPMENT LEASE OR SECURITY AGREEMENT AND GIVE LANDLORD A REASONABLE
OPPORTUNITY TO CURE SUCH DEFAULT, AND (III) LANDLORD SHALL HAVE THE RIGHT TO
ASSIGN ITS RIGHTS UNDER THE EQUIPMENT LEASE, SECURITY AGREEMENT, OR
NON-DISTURBANCE AGREEMENT, AND (C) TENANT SHALL, WITHIN THIRTY (30) DAYS AFTER
RECEIPT OF AN INVOICE FROM LANDLORD, REIMBURSE LANDLORD FOR ALL REASONABLE COSTS
AND EXPENSES INCURRED IN REVIEWING AND APPROVING THE EQUIPMENT LEASE, SECURITY
AGREEMENT, AND NON-DISTURBANCE AGREEMENT, INCLUDING WITHOUT LIMITATION,
ATTORNEYS' FEES, EXPENSES AND COSTS.
8.07
MAINTENANCE OF SERVICE AGREEMENTS.
TENANT SHALL KEEP IN FULL FORCE
AND EFFECT AND SHALL PERFORM ALL MATERIAL OBLIGATIONS REQUIRED TO BE PERFORMED
BY TENANT UNDER, ANY AND ALL MATERIAL CONTRACTS, AGREEMENTS, LEASES, OR
COMMITMENTS OR DOCUMENTS APPLICABLE TO THE LEASED PROPERTY OR THE OPERATION OF
THE FACILITY, INCLUDING BUT NOT LIMITED TO, SERVICE AGREEMENTS (AS DEFINED
BELOW).
TENANT SHALL IMMEDIATELY NOTIFY LANDLORD IN WRITING IF TENANT OR ANY
OTHER PARTY TO ANY SUCH MATERIAL CONTRACT, AGREEMENT, LEASE, OR COMMITMENT OR
DOCUMENT APPLICABLE TO THE LEASED PROPERTY OR THE OPERATION OF THE FACILITY,
INCLUDING, BUT NOT LIMITED TO, THE SERVICE AGREEMENTS, IS IN MATERIAL DEFAULT
THEREUNDER, OR IF ANY SERVICE AGREEMENT HAS BEEN TERMINATED BY