SUCH LEASED PROPERTY AT ALL
46
REASONABLE TIMES AND IN ACCORDANCE WITH SECTION 16.03 FOR THE PURPOSE OF
EXHIBITING SUCH LEASED PROPERTY TO OTHERS.
16.03
LANDLORD'S ACCESS.
LANDLORD SHALL HAVE THE RIGHT TO ENTER UPON THE
LEASED PROPERTY, UPON REASONABLE PRIOR NOTICE TO TENANT AND AT REASONABLE TIMES
SO AS NOT TO INTERRUPT TENANT'S OPERATION OF THE LEASED PROPERTY, FOR PURPOSES
OF INSPECTING THE SAME AND ASSURING TENANT'S COMPLIANCE WITH THIS LEASE
AGREEMENT; PROVIDED, ANY SUCH ENTRY BY LANDLORD SHALL BE SUBJECT TO ALL
REASONABLE RULES, GUIDELINES AND PROCEDURES PRESCRIBED BY TENANT OR OTHERWISE
REQUIRED BY LAW OR ANY APPLICABLE GOVERNMENT AUTHORITY.
SO LONG AS NO EVENT OF
DEFAULT HAS OCCURRED, ALL SUCH INSPECTIONS SHALL BE AT LANDLORD'S SOLE COST AND
EXPENSE.
SO LONG AS NO EVENT OF DEFAULT HAS OCCURRED, IF, PURSUANT TO THIS
SECTION 16.03, LANDLORD'S INSPECTIONS ARE COMPLETED THROUGH AN AGENT OR
CONTRACTOR OF LANDLORD, LANDLORD SHALL REQUIRE SUCH AGENT OR CONTRACTOR TO
OBTAIN AND MAINTAIN GENERAL LIABILITY INSURANCE IN AN AMOUNT NOT LESS THAN
$1,000,000 PER OCCURRENCE, NAMING LANDLORD AND TENANT AS ADDITIONAL INSUREDS AT
ALL TIMES WHILE SUCH INSPECTIONS ARE CONDUCTED.
LANDLORD SHALL DELIVER EVIDENCE
OF SUCH INSURANCE TO TENANT PRIOR TO COMMENCING SUCH INSPECTIONS.
SO LONG AS NO
EVENT OF DEFAULT IS CONTINUING UNDER THIS LEASE AGREEMENT AND EXCEPT IN THE
EVENT OF AN EMERGENCY, LANDLORD SHALL NOT BE ALLOWED ENTRY TO THE LEASED
PROPERTY UNLESS ACCOMPANIED BY SUCH OF TENANT'S PERSONNEL AS TENANT SHALL
REQUIRE PROVIDED TENANT MAKES SUCH PERSONNEL AVAILABLE TO LANDLORD AT REASONABLE
TIMES.
16.04
ENTIRE AGREEMENT.
THIS LEASE AGREEMENT, THE DEVELOPMENT AGREEMENT
AND THE PURCHASE AGREEMENT CONSTITUTE THE ENTIRE AGREEMENT BETWEEN LANDLORD AND
TENANT WITH RESPECT TO THE SUBJECT MATTER HEREOF AND THEREOF.
16.05
SEVERABILITY.
IF ANY TERM OR PROVISION OF THIS LEASE AGREEMENT IS
HELD TO BE INVALID OR UNENFORCEABLE, SUCH HOLDING SHALL NOT AFFECT THE REMAINDER
OF THIS LEASE AGREEMENT AND THE SAME SHALL REMAIN IN FULL FORCE AND EFFECT,
UNLESS SUCH HOLDING SUBSTANTIALLY DEPRIVES TENANT OF THE USE OF THE LEASED
PROPERTY OR LANDLORD OF THE RENTS THEREFOR, IN WHICH EVENT THIS LEASE AGREEMENT
SHALL FORTHWITH TERMINATE AS IF BY EXPIRATION OF THE TERM.
16.06
CAPTIONS AND HEADINGS.
THE CAPTIONS AND HEADINGS ARE INSERTED ONLY
AS A MATTER OF CONVENIENCE AND FOR REFERENCE AND IN NO WAY DEFINE, LIMIT OR
DESCRIBE THE SCOPE OF THIS LEASE AGREEMENT OR THE INTENT OF ANY PROVISION
HEREOF.
16.07
GOVERNING LAW.
THIS LEASE AGREEMENT SHALL BE GOVERNED BY AND
CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF COLORADO.
16.08
WAIVER.
NO WAIVER BY EITHER PARTY OF ANY CONDITION OR COVENANT
HEREIN CONTAINED, OR OF ANY BREACH OF ANY SUCH CONDITION OR COVENANT, SHALL BE
HELD OR TAKEN TO BE A WAIVER OF ANY SUBSEQUENT BREACH OF SUCH COVENANT OR
CONDITION, OR TO PERMIT OR EXCUSE ITS CONTINUANCE OR ANY FUTURE BREACH THEREOF
OR OF ANY CONDITION OR COVENANT, NOR SHALL THE ACCEPTANCE OF RENT BY LANDLORD AT
ANY TIME WHEN TENANT IS IN DEFAULT IN THE PERFORMANCE