OR OBSERVANCE OF ANY
CONDITION OR COVENANT HEREIN BE CONSTRUED AS A WAIVER OF SUCH DEFAULT, OR OF
LANDLORD'S RIGHT TO TERMINATE THIS LEASE AGREEMENT OR EXERCISE ANY OTHER REMEDY
GRANTED HEREIN ON ACCOUNT OF SUCH EXISTING DEFAULT.
47
16.09
BINDING EFFECT.
THIS LEASE AGREEMENT WILL BE BINDING UPON AND INURE
TO THE BENEFIT OF THE HEIRS, SUCCESSORS, PERSONAL REPRESENTATIVES, AND PERMITTED
ASSIGNS OF LANDLORD AND TENANT.
16.10
AUTHORITY.
THE PERSONS EXECUTING THIS LEASE AGREEMENT ON BEHALF OF
LANDLORD AND TENANT EACH WARRANT TO THE OTHER THAT (A) EACH HAS THE POWER AND
AUTHORITY TO ENTER INTO THIS LEASE AGREEMENT; (B) EACH IS QUALIFIED TO DO
BUSINESS IN THE STATE IN WHICH THE LEASED PROPERTY IS LOCATED; AND (C) EACH OF
SUCH PERSONS IS AUTHORIZED TO EXECUTE THIS LEASE AGREEMENT ON BEHALF OF LANDLORD
OR TENANT, AS APPLICABLE.
LANDLORD AND TENANT SHALL EACH, UPON REQUEST, PROVIDE
EVIDENCE SATISFACTORY TO THE OTHER CONFIRMING THESE REPRESENTATIONS.
16.11
TRANSFER OF PERMITS, ETC.
UPON THE EXPIRATION OR EARLIER TERMINATION
OF THE TERM OF THIS LEASE AGREEMENT, TENANT SHALL, AT THE OPTION OF LANDLORD,
USE REASONABLE EFFORTS TO TRANSFER TO AND RELINQUISH TO LANDLORD OR LANDLORD'S
DESIGNEE AND COOPERATE WITH LANDLORD OR LANDLORD'S DESIGNEE IN CONNECTION WITH
THE PROCESSING BY LANDLORD OR LANDLORD'S DESIGNEE OF ALL LICENSES, OPERATING
PERMITS, AND OTHER GOVERNMENTAL AUTHORIZATION AND ALL CONTRACTS, INCLUDING
WITHOUT LIMITATION, THE CORRECTIONAL OR DETENTION FACILITY LICENSE, ALL SERVICE
AGREEMENTS AND SUBLEASE AGREEMENTS AND ANY OTHER CONTRACTS WITH GOVERNMENTAL OR
QUASI-GOVERNMENTAL ENTITIES, IN EACH CASE WHICH MAY BE TRANSFERRED AND WHICH MAY
BE NECESSARY OR APPROPRIATE FOR THE OPERATION BY LANDLORD OR LANDLORD'S DESIGNEE
OF THE SUBJECT LEASED PROPERTY FOR THE PURPOSES OF OPERATING A CORRECTIONAL OR
DETENTION FACILITY; PROVIDED THAT THE COSTS AND EXPENSES OF ANY SUCH TRANSFER OR
THE PROCESSING OF ANY SUCH APPLICATION SHALL BE PAID BY LANDLORD OR LANDLORD'S
DESIGNEE.
ANY SUCH PERMITS, LICENSES, CERTIFICATES AND CONTRACTS WHICH ARE HELD
IN LANDLORD'S NAME NOW OR AT THE TERMINATION OF THIS LEASE AGREEMENT SHALL
REMAIN THE PROPERTY OF LANDLORD OR LANDLORD'S DESIGNEE.
TO THE EXTENT PERMITTED
BY LAW, TENANT HEREBY IRREVOCABLY APPOINTS LANDLORD, ITS SUCCESSORS AND ASSIGNS
AND ANY NOMINEE OR NOMINEES SPECIFICALLY DESIGNATED BY LANDLORD OR ANY SUCCESSOR
OR ASSIGN AS TENANT'S ATTORNEY IN FACT TO EXECUTE, ACKNOWLEDGE, DELIVER AND FILE
ALL DOCUMENTS APPROPRIATE TO SUCH TRANSFER OR PROCESSING OF ANY SUCH APPLICATION
ON BEHALF OF TENANT. THIS POWER OF ATTORNEY IS COUPLED WITH AN INTEREST AND IS
IRREVOCABLE.
16.12
MODIFICATION.
THIS LEASE AGREEMENT MAY ONLY BE MODIFIED BY A WRITING
SIGNED BY BOTH LANDLORD AND TENANT.
16.13
INCORPORATION BY REFERENCE.
ALL SCHEDULES AND EXHIBITS REFERRED TO
IN THIS LEASE AGREEMENT ARE INCORPORATED INTO THIS LEASE AGREEMENT.
16.14
[INTENTIONALLY OMITTED.]
16.15
LACHES.
NO DELAY OR OMISSION BY EITHER PARTY HERETO TO EXERCISE ANY
RIGHT OR POWER ACCRUING UPON ANY NONCOMPLIANCE OR DEFAULT BY THE OTHER PARTY
WITH RESPECT TO ANY OF THE TERMS HEREOF SHALL IMPAIR ANY SUCH RIGHT OR POWER OR
BE CONSTRUED TO BE A WAIVER THEREOF.
16.16
PERMITTED CONTESTS.