MAKE VOID OR VOIDABLE, CANCEL OR CAUSE TO BE CANCELLED OR RELEASE ANY OF
THE WARRANTIES, (IV) CAUSE STRUCTURAL INJURY TO ANY OF THE IMPROVEMENTS,
(V) CONSTITUTE A PUBLIC OR PRIVATE NUISANCE OR WASTE OR (VI) VIOLATE THE
PROVISIONS OF THE CONDOMINIUM DOCUMENTS OR THE SEVERANCE LEASE.
(B)
SUBJECT TO THE PROVISIONS HEREOF, SO LONG AS NO EVENT OF DEFAULT
HAS OCCURRED AND IS CONTINUING, TENANT SHALL QUIETLY HOLD, OCCUPY AND ENJOY THE
LEASED PREMISES THROUGHOUT THE TERM, WITHOUT ANY HINDRANCE, EJECTION OR
MOLESTATION BY LANDLORD WITH RESPECT TO MATTERS THAT ARISE AFTER THE DATE
HEREOF, PROVIDED THAT LANDLORD OR ITS AGENTS MAY ENTER UPON AND EXAMINE ANY OF
THE LEASED PREMISES BETWEEN THE HOURS OF 8:00 A.M. AND 6:00 P.M. ON BUSINESS
DAYS (I.E. DAYS OTHER THAN SATURDAY, SUNDAY AND HOLIDAYS OBSERVED BY THE STATE
OR FEDERAL GOVERNMENT AS LEGAL HOLIDAYS) AS LANDLORD MAY SELECT AND UPON
REASONABLE ADVANCE NOTICE TO TENANT (EXCEPT IN THE CASE OF AN EMERGENCY, IN
WHICH NO NOTICE SHALL BE REQUIRED) FOR THE PURPOSE OF INSPECTING THE LEASED
PREMISES, VERIFYING COMPLIANCE OR NON-COMPLIANCE BY TENANT WITH ITS OBLIGATIONS
HEREUNDER AND THE EXISTENCE OR NON-EXISTENCE OF AN EVENT OF DEFAULT OR EVENT
WHICH WITH THE PASSAGE OF TIME AND/OR NOTICE WOULD CONSTITUTE AN EVENT OF
DEFAULT, SHOWING THE LEASED PREMISES TO PROSPECTIVE LENDERS AND PURCHASERS,
MAKING ANY REPAIRS AS TO WHICH AN EVENT OF
13
DEFAULT HAS OCCURRED AND IS THEN CONTINUING UNDER THIS LEASE, AND TAKING SUCH
OTHER ACTION WITH RESPECT TO THE LEASED PREMISES AS IS PERMITTED BY ANY
PROVISION HEREOF.
(C)
SUBJECT TO THE EXPRESS TERMS, CONDITIONS AND/OR LIMITATIONS TO THE
CONTRARY CONTAINED ELSEWHERE IN THE LEASE, DURING THE TERM OF THIS LEASE, SO
LONG AS NO EVENT OF DEFAULT HAS OCCURRED AND IS THEN CONTINUING UNDER THIS
LEASE, ALL RIGHTS AND OPTIONS UNDER THE CONDOMINIUM DOCUMENTS AND THE SEVERANCE
LEASE (COLLECTIVELY, THE "GOVERNING DOCUMENTS") WHICH MAY BE EXERCISED BY THE
LESSEE UNDER THE SEVERANCE LEASE AND ALL OTHER MATTERS RELATING TO THE
GOVERNANCE OF THE CONDOMINIUM SHALL BE EXERCISABLE SOLELY BY TENANT IN ITS
REASONABLE BUSINESS JUDGMENT, AND LANDLORD SHALL TAKE SUCH STEPS AS ARE
REASONABLY REQUIRED TO FACILITATE THE EXERCISE OF, OR EFFECTUATE, SUCH RIGHTS OR
OPTIONS ON BEHALF OF TENANT (PROVIDED SAME IS AT NO COST TO LANDLORD OR TENANT
HAS AGREED IN WRITING TO REIMBURSE LANDLORD FOR SUCH COSTS); PROVIDED TENANT
SHALL NOT BE PERMITTED, WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF LANDLORD
(AND LENDER, IF APPLICABLE), TO TAKE OR PERMIT (BY AFFIRMATIVE VOTE OR
ACQUIESCENCE) ANY ACTION THAT (I) ADVERSELY AFFECTS THE ESTATE, PRIORITY OR
PERFECTION OF LANDLORD'S OR LENDERS SECURITY INTEREST IN THE LEASED PREMISES OR
THE CONDOMINIUM), (II) WOULD OR IS LIKELY TO CAUSE OR PERMIT ANY LIEN OR
ENCUMBRANCE UPON THE FEE ESTATE OR ANY LEASEHOLD AT THE CONDOMINIUM IN WHICH
LANDLORD HAS AN INTEREST (INCLUDING TENANT'S ESTATE AS LESSEE UNDER THIS LEASE
OR THE SEVERANCE LEASE) OR FOR WHICH LANDLORD OR TENANT WOULD OR COULD BE
ULTIMATELY RESPONSIBLE FOR REPAYMENT, THROUGH CONDOMINIUM