Lease
shall be determined to be illegal or unenforceable, such determination shall not
affect any other provision of this Lease and all such other provisions shall
remain in full force and effect.
ARTICLE XLIV
SECURITY
44.01
SECURITY RESPONSIBILITY.
TENANT ACKNOWLEDGES AND AGREES THAT, WHILE
LANDLORD MAY ENGAGE SECURITY PERSONNEL TO PATROL THE BUILDINGS OR THE PROJECT,
LANDLORD IS NOT PROVIDING ANY SECURITY SERVICES WITH RESPECT TO THE PREMISES,
THE BUILDINGS OR THE PROJECT AND THAT LANDLORD SHALL NOT BE LIABLE TO TENANT
FOR, AND TENANT WAIVES ANY CLAIM AGAINST LANDLORD WITH RESPECT TO, ANY PROPERTY
LOSS BY THEFT OR ANY OTHER DAMAGE SUFFERED OR INCURRED BY TENANT IN CONNECTION
WITH ANY UNAUTHORIZED ENTRY INTO THE PREMISES OR ANY OTHER BREACH OF SECURITY
WITH RESPECT TO THE PREMISES, THE BUILDINGS OR THE PROJECT.
44.02
SECURITY MEASURES.
TENANT HEREBY AGREES TO THE EXERCISE BY LANDLORD
AND LANDLORD'S AGENTS, WITHIN THEIR REASONABLE DISCRETION, OF SUCH SECURITY
MEASURES AS, BUT NOT LIMITED TO, THE EVACUATION OF THE PREMISES, THE BUILDINGS
OR THE PROJECT FOR CAUSE, SUSPECTED CAUSE OR FOR DRILL PURPOSES, THE DENIAL OF
ANY ACCESS TO THE PREMISES, THE BUILDINGS OR THE PROJECT AND OTHER SIMILARLY
RELATED ACTIONS THAT IT DEEMS NECESSARY TO PREVENT ANY THREAT OF PROPERTY DAMAGE
OR BODILY INJURY.
THE EXERCISE OF SUCH SECURITY MEASURES BY LANDLORD AND
LANDLORD'S AGENTS, AND THE RESULTING INTERRUPTION OF SERVICE AND CESSATION OF
TENANT'S BUSINESS, IF ANY, SHALL NOT BE DEEMED AN EVICTION OR DISTURBANCE OF
TENANT'S USE AND POSSESSION OF THE PREMISES, OR ANY PART THEREOF, OR RENDER
LANDLORD OR LANDLORD'S AGENTS LIABLE TO TENANT FOR ANY RESULTING DAMAGES OR
RELIEVE TENANT FROM TENANT'S OBLIGATIONS UNDER THIS LEASE.
ARTICLE XLV
LANDLORD LIEN WAIVER
45.01
WAIVER OF LIEN RIGHTS.
NOTWITHSTANDING ANYTHING HEREIN TO THE
CONTRARY, LANDLORD WAIVES ANY AND ALL RIGHTS, TITLE AND INTEREST LANDLORD NOW
HAS, OR HEREAFTER MAY HAVE, WHETHER STATUTORY OR OTHERWISE, TO TENANT'S
INVENTORY, MOVABLE OR LEASED EQUIPMENT, FURNISHINGS, TRADE FIXTURES, BOOKS AND
RECORDS AND PERSONAL PROPERTY OWNED OR LEASED BY TENANT LOCATED AT THE PREMISES
(SINGLY AND/OR COLLECTIVELY, THE "COLLATERAL").
LANDLORD ACKNOWLEDGES THAT
LANDLORD HAS NO LIEN, RIGHT, CLAIM, INTEREST OR TITLE IN OR TO THE COLLATERAL.
LANDLORD FURTHER AGREES THAT TENANT
43
SHALL HAVE THE RIGHT, AT ITS DISCRETION, TO MORTGAGE, PLEDGE, HYPOTHECATE OR
GRANT A SECURITY INTEREST IN THE COLLATERAL AS SECURITY FOR ITS OBLIGATIONS
UNDER ANY EQUIPMENT LEASE OR OTHER FINANCING ARRANGEMENT RELATED TO THE CONDUCT
OF TENANT'S BUSINESS AT THE PREMISES.
LANDLORD FURTHER AGREES TO EXECUTE AND
DELIVER WITHIN TEN (10) BUSINESS DAYS FOLLOWING RECEIPT OF TENANT'S WRITTEN
REQUEST THEREFOR ANY UCC FILING STATEMENT OR OTHER DOCUMENTATION ON COMMERCIALLY
REASONABLE TERMS WITH RESPECT TO ANY SUCH LEASE OR FINANCING ARRANGEMENT, AND
ANY CONSENT OR WAIVER FORMS SUBMITTED BY ANY VENDORS, EQUIPMENT LESSORS, CHATTEL
MORTGAGEES, LENDERS, OR HOLDERS OR OWNERS OF THE COLLATERAL ("EQUIPMENT
LESSORS") SETTING FORTH, INTER ALIA THAT LANDLORD WAIVES, IN FAVOR OF SUCH PARTY
ANY SUPERIOR LIEN, CLAIM, INTEREST OR OTHER RIGHT THEREIN.
THE FOREGOING IS NOT
INTENDED AND SHALL NOT BE