USUAL BUSINESS HOURS UPON
REASONABLE ADVANCE NOTICE, SUBJECT ONLY TO ANY BUSINESS CONFIDENTIALITY
REQUIREMENTS REASONABLY REQUESTED BY LESSEE.
23.2
REGULAR MEETINGS.
LESSEE AGREES THAT IT WILL
MAKE AVAILABLE A SENIOR LEVEL REPRESENTATIVE OF OPERATIONS OF THE FACILITY (SUCH
AS THE GENERAL MANAGER OR CONTROLLER) AND IF REQUESTED BY LESSOR, THE GENERAL
MANAGER, TO MEET WITH LESSOR AND ITS REPRESENTATIVES ON A MONTHLY BASIS
THROUGHOUT EACH LEASE YEAR IN ORDER TO DISCUSS ALL ASPECTS OF THE MANAGEMENT,
MAINTENANCE AND OPERATION OF THE FACILITY.
23.3
ACCOMMODATIONS.
SUBJECT TO AVAILABILITY, LESSEE
WILL PROVIDE REASONABLE GRATUITOUS ACCOMMODATIONS, FOOD AND BEVERAGE, AND OTHER
SERVICES AND AMENITIES TO LESSOR AND ITS REPRESENTATIVES IN CONNECTION WITH ALL
SUCH MEETINGS AND INSPECTIONS.
ARTICLE XXIV
NO WAIVER
24.1
NO WAIVER.
NO FAILURE BY LESSOR OR LESSEE TO
INSIST UPON THE STRICT PERFORMANCE OF ANY TERM HEREOF OR TO EXERCISE ANY RIGHT,
POWER OR REMEDY CONSEQUENT UPON A BREACH THEREOF, AND NO ACCEPTANCE OF FULL OR
PARTIAL PAYMENT OF RENT DURING THE CONTINUANCE OF ANY SUCH BREACH, SHALL
CONSTITUTE A WAIVER OF ANY SUCH BREACH OR OF ANY SUCH TERM.
TO THE EXTENT
PERMITTED BY LAW, NO WAIVER OF ANY BREACH SHALL AFFECT OR ALTER THIS LEASE,
WHICH SHALL CONTINUE IN FULL FORCE AND EFFECT WITH RESPECT TO ANY OTHER THEN
EXISTING OR SUBSEQUENT BREACH.
ARTICLE XXV
CUMULATIVE REMEDIES
25.1
REMEDIES CUMULATIVE.
TO THE EXTENT PERMITTED BY
LAW, EACH LEGAL, EQUITABLE OR CONTRACTUAL RIGHT, POWER AND REMEDY OF LESSOR OR
LESSEE NOW OR HEREAFTER PROVIDED EITHER IN THIS LEASE OR BY STATUTE OR OTHERWISE
SHALL BE CUMULATIVE AND CONCURRENT AND SHALL BE IN ADDITION TO EVERY OTHER
RIGHT, POWER AND REMEDY AND THE EXERCISE OR BEGINNING OF THE EXERCISE BY LESSOR
OR LESSEE OF ANY ONE OR MORE OF SUCH RIGHTS, POWERS AND REMEDIES SHALL NOT
PRECLUDE THE SIMULTANEOUS OR SUBSEQUENT EXERCISE BY LESSOR OR LESSEE OF ANY OR
ALL OF SUCH OTHER RIGHTS, POWERS AND REMEDIES.
ARTICLE XXVI
SURRENDER
26.1
ACCEPTANCE OF SURRENDER.
NO SURRENDER TO LESSOR
OF THIS LEASE OR OF THE LEASED PROPERTY OR ANY PART THEREOF, OR OF ANY INTEREST
THEREIN, SHALL BE VALID OR EFFECTIVE UNLESS AGREED TO AND ACCEPTED IN WRITING BY
LESSOR AND NO ACT BY LESSOR OR ANY REPRESENTATIVE OR AGENT OF LESSOR, OTHER THAN
SUCH A WRITTEN ACCEPTANCE BY LESSOR, SHALL CONSTITUTE AN ACCEPTANCE OF ANY SUCH
SURRENDER.
48
ARTICLE XXVII
NO MERGER
27.1
NO MERGER OF TITLE.
THERE SHALL BE NO MERGER OF
THIS LEASE OR OF THE LEASEHOLD ESTATE CREATED HEREBY BY REASON OF THE FACT THAT
THE SAME PERSON OR ENTITY MAY ACQUIRE, OWN OR HOLD, DIRECTLY OR INDIRECTLY:
(A)
THIS LEASE OR THE LEASEHOLD ESTATE CREATED HEREBY OR ANY INTEREST IN THIS LEASE
OR SUCH LEASEHOLD ESTATE AND (B) THE FEE ESTATE IN THE LEASED PROPERTY.
ARTICLE XXVIII
CONVEYANCE BY LESSOR
28.1
CONVEYANCE BY LESSOR.
IF LESSOR OR ANY SUCCESSOR
OWNER OF THE LEASED PROPERTY CONVEYS THE LEASED PROPERTY IN ACCORDANCE WITH THE
TERMS HEREOF OTHER THAN AS SECURITY FOR A DEBT, AND THE GRANTEE OR