TERMINATION OF THIS LEASE OR ANY REPOSSESSION OF THE
PREMISES OR ANY PART THEREOF BY LANDLORD.
LANDLORD FURTHER AGREES TO EXECUTE
AND DELIVER THE FORM OF WRITTEN WAIVER REASONABLY REQUESTED BY TENANT'S
MORTGAGEE FROM TIME TO TIME TO EVIDENCE OR EFFECT THE AFORESAID WAIVER AND
AGREEMENTS OF LANDLORD OR SUBSTANTIALLY IN THE FORM ATTACHED HERETO AS
EXHIBIT F.
31.14
INVESTMENT TAX CREDITS.
LANDLORD EXPRESSLY WAIVES AND RELINQUISHES
IN FAVOR OF TENANT ANY RIGHTS TO CLAIM THE BENEFIT OF OR TO USE ANY FEDERAL OR
STATE INVESTMENT TAX CREDITS THAT ARE CURRENTLY, OR MAY BECOME, AVAILABLE DURING
THE TERM AS A RESULT OF ANY INSTALLATION OF ANY EQUIPMENT, FURNITURE OR FIXTURES
INSTALLED BY TENANT IN OR ON THE PREMISES WHETHER OR NOT SUCH ITEMS BECOME A
PART OF THE REALTY AND AGREES, WITHOUT COST OR LIABILITY TO LANDLORD, TO EXECUTE
AND DELIVER TO TENANT ANY ELECTION FORM REASONABLY REQUIRED TO EVIDENCE TENANT'S
RIGHT TO CLAIM INVESTMENT TAX CREDITS.
31.15
SIGNAGE.
TENANT SHALL BE ENTITLED TO PLACE SIGNS UPON EACH PROPERTY
LOCATION SUBJECT TO ANY APPLICABLE LAWS OR ANY APPLICABLE REAS OR OVERLEASES.
31.16
DEFINITION OF CPI.
"CPI" MEANS THE CONSUMER PRICE INDEX WHICH IS
DESIGNATED FOR THE APPLICABLE MONTH OF DETERMINATION AS THE UNITED STATES CITY
AVERAGE FOR ALL URBAN CONSUMERS, ALL ITEMS, NOT SEASONALLY ADJUSTED, WITH A
BASED PERIOD EQUALING 100 IN 1982 - 1984, AS PUBLISHED BY THE UNITED STATES
DEPARTMENT OF LABOR'S BUREAU OF LABOR STATISTICS OR ANY SUCCESSOR AGENCY.
IN
THE EVENT THAT THE CONSUMER PRICE INDEX CEASES TO BE PUBLISHED, ITS
54
SUCCESSOR INDEX AS PUBLISHED BY THE SAME GOVERNMENTAL AUTHORITY WHICH PUBLISHED
THE CONSUMER PRICE INDEX SHALL BE SUBSTITUTED AND ANY NECESSARY REASONABLE
ADJUSTMENTS SHALL BE MADE BY LANDLORD AND TENANT IN ORDER TO CARRY OUT THE
INTENT OF THIS LEASE.
IN THE EVENT THERE IS NO SUCCESSOR INDEX, LANDLORD SHALL
REASONABLY SELECT AN ALTERNATIVE PRICE INDEX THAT WILL CONSTITUTE A REASONABLE
SUBSTITUTE FOR THE CONSUMER PRICE INDEX.
"CPI INCREASE" SHALL MEAN THE
PERCENTAGE CHANGE IN THE CPI FOR THE MONTH WHICH IS TWO MONTHS PRIOR TO THE DATE
OF THIS LEASE OR THE CPI USED FOR THE IMMEDIATELY PRECEDING ADJUSTMENT DATE, AS
APPLICABLE, AND THE CPI FOR THE MONTH WHICH IS TWO MONTHS PRIOR TO THE
APPLICABLE ADJUSTMENT DATE.
31.17
FINANCIAL STATEMENTS.
(A)
SO LONG AS (1) THE PROVISIONS OF SECTION 16.01(J) SHALL BE IN
EFFECT AND (2) THE PURCHASE PRICE PAID BY SPIRIT FINANCE CORPORATION OR AN
AFFILIATE ("SPIRIT") IN RESPECT OF THE PROPERTY LOCATIONS LEASED TO TENANT
HEREUNDER ON ANY MEASUREMENT DATE AND THE PROPERTY LOCATIONS UNDER THE OTHER
LEASE ON SUCH MEASUREMENT DATE, ON AN AGGREGATE BASIS, CONTINUES TO EXCEED
TWENTY PERCENT (20%) OF SPIRIT'S TOTAL ASSETS AS OF THE DATE OF ITS MOST RECENT
AUDITED BALANCE SHEET (INCLUDING ANY ASSETS ACQUIRED SUBSEQUENT TO THE DATE OF
THAT BALANCE SHEET IF THE ACQUISITIONS OF THOSE ASSETS WERE REPORTED IN A REPORT
ON FORM 8-K) THEN, TENANT SHALL DELIVER TO LANDLORD THE FOLLOWING FINANCIAL
STATEMENTS:
(I)
WITHIN FORTY-FIVE (45) DAYS AFTER