AND VICE VERSA, IN ANY PLACE OR PLACES HEREIN
IN WHICH THE CONTEXT REQUIRES SUCH SUBSTITUTION OR SUBSTITUTIONS.
23.25.
REGULATORY APPROVALS. CERTAIN TRANSACTIONS CONTEMPLATED
BY THIS LEASE AND ANY LEASE SCHEDULE MAY REQUIRE THE APPROVAL OF GOVERNMENTAL
REGULATORY AUTHORITIES. THOSE TRANSACTIONS ARE ENTIRELY CONDITIONAL UPON AND
SUBJECT TO THE PRIOR APPROVAL OF SUCH AUTHORITY. IF THE TRANSACTIONS ARE NOT SO
APPROVED, THEY SHALL BE NULL AND VOID AB INITIO. THE PARTIES SHALL COOPERATE
WITH ONE ANOTHER AND MOVE PROMPTLY WITH DUE DILIGENCE AND IN GOOD FAITH TO
REQUEST ANY REQUIRED OR APPROPRIATE REGULATORY APPROVALS. IF THE ACTION OR
INACTION OF ANY GOVERNMENTAL REGULATORY AUTHORITY RENDERS THE PARTIES UNABLE TO
CONSUMMATE ANY TRANSACTION CONTEMPLATED BY THIS LEASE AND ANY LEASE SCHEDULE
WHICH THEREBY DENIES A PARTY A MATERIAL BENEFIT CONTEMPLATED BY THIS LEASE AND
ANY LEASE SCHEDULE RESULTING IN THE UNJUST ENRICHMENT OF THE OTHER PARTY, THE
19
PARTIES SHALL NEGOTIATE IN GOOD FAITH AN AMENDMENT TO THIS LEASE AND ANY LEASE
SCHEDULE WHICH FAIRLY COMPENSATES THE PARTY DENIED THE BENEFIT.
23.26.
RIDERS. IN THE EVENT THAT ANY RIDERS ARE ATTACHED HERETO
AND MADE A PART HEREOF AND IF THERE IS A CONFLICT BETWEEN THE TERMS AND
PROVISIONS OF ANY RIDER, INCLUDING ANY LEASE SCHEDULE AND THE TERMS AND
PROVISIONS HEREIN, THE TERMS AND PROVISIONS OF THE RIDER OR LEASE SCHEDULE SHALL
CONTROL TO THE EXTENT OF SUCH CONFLICT.
23.27.
SETOFFS. THE MONIES OWED BY LESSEE HEREIN SHALL BE PAID
IN FULL WHEN DUE UNDER THE TERMS OF THIS LEASE AND ANY LEASE SCHEDULE WITHOUT
RIGHT OF SETOFF OF ANY MONIES OWED BY LESSOR TO LESSEE UNDER ANY OTHER AGREEMENT
OR FOR ANY OTHER PURPOSE.
23.28.
SEVERABILITY. EACH TERM, COVENANT CONDITION OR PROVISION
OF THIS LEASE AND ANY LEASE SCHEDULE SHALL BE VIEWED AS SEPARATE AND DISTINCT,
AND IN THE EVENT THAT ANY SUCH TERM, COVENANTS, CONDITION OR PROVISION SHALL BE
HELD BY A COURT OF COMPETENT JURISDICTION TO BE INVALID, THE REMAINING
PROVISIONS SHALL CONTINUE IN FULL FORCE AND EFFECT.
23.29.
SUBCONTRACTING. LESSEE SHALL NOT SUBCONTRACT ANY OF ITS
OBLIGATIONS HEREIN, OR ANY PORTION THEREOF, WITHOUT LESSOR'S PRIOR WRITTEN
CONSENT. CONSENT BY LESSOR TO ANY SUBCONTRACTING OF LESSEE'S OBLIGATIONS OR
RESPONSIBILITIES AS SET FORTH IN THIS LEASE AND ANY LEASE SCHEDULE SHALL NOT BE
DEEMED TO CREATE A CONTRACTUAL RELATIONSHIP BETWEEN LESSOR AND THE
SUBCONTRACTING PARTY.
23.30.
SUITABILITY. LESSEE UNDERSTANDS AND ACKNOWLEDGES THAT
THIS LEASE AND ANY LEASE SCHEDULE, AT LESSOR'S DISCRETION, MAY BE SUBJECT TO
LESSEE AND ITS PRINCIPALS COMPLETING AND SUBMITTING TO LESSOR A DUE DILIGENCE
COMPLIANCE QUESTIONNAIRE (INCLUDING AN AUTHORIZATION FOR THE RELEASE OF
INFORMATION) AND BEING FOUND SUITABLE BY LESSOR'S COMPLIANCE COMMITTEE.
NOTWITHSTANDING ANY OTHER PROVISION IN THIS LEASE AND ANY LEASE SCHEDULE TO THE
CONTRARY, LESSOR MAY TERMINATE THIS LEASE AND ANY LEASE SCHEDULE WITHOUT FURTHER
OBLIGATION OR LIABILITY TO LESSEE IF, IN THE JUDGMENT OF LESSOR'S COMPLIANCE
COMMITTEE, THE RELATIONSHIP WITH LESSEE OR ITS PRINCIPALS COULD SUBJECT LESSOR
TO DISCIPLINARY ACTION OR CAUSE LESSOR TO LOSE OR BECOME UNABLE TO OBTAIN OR
REINSTATE