INDUSTRY; AND
(F)
SUBJECT TO SECTION 9.09 IN THE CASE OF CAPITAL ADDITIONS, TENANT
SHALL NOT BE PERMITTED TO OBTAIN CONSTRUCTION OR OTHER FINANCING FOR THE TENANT
IMPROVEMENTS SECURED BY TENANT'S LEASEHOLD INTEREST THEREIN WITHOUT LANDLORD'S
PRIOR WRITTEN CONSENT, SUCH CONSENT NOT TO BE UNREASONABLY WITHHELD, DELAYED OR
CONDITIONED, AND ANY SUCH FINANCING (I) SHALL NOT EXCEED THE COST OF THE TENANT
IMPROVEMENTS, (II) SHALL BE SUBORDINATE TO ANY MORTGAGE OR ENCUMBRANCE NOW
EXISTING OR HEREINAFTER CREATED BY LANDLORD WITH RESPECT TO THE LEASED PROPERTY,
AND (III) SHALL BE LIMITED SOLELY TO TENANT'S INTEREST IN THE LEASED PROPERTY OR
THE LAND THAT IS THE SUBJECT OF THE IMPROVEMENTS.
9.05
RIGHTS IN TENANT IMPROVEMENTS.
NOTWITHSTANDING ANYTHING TO THE
CONTRARY IN THIS LEASE, ALL TENANT IMPROVEMENTS CONSTRUCTED PURSUANT TO
SECTION 9.01, ANY AND ALL SUBSEQUENT ADDITIONS THERETO AND ALTERATIONS AND
REPLACEMENTS THEREOF, SHALL BE THE SOLE AND ABSOLUTE PROPERTY OF LANDLORD UPON
THE EXPIRATION OR EARLY TERMINATION OF THIS LEASE AGREEMENT.
TENANT SHALL BE
ENTITLED TO ALL FEDERAL AND STATE INCOME TAX BENEFITS ASSOCIATED WITH ANY TENANT
IMPROVEMENT (OTHER THAN A CAPITAL ADDITION PURCHASED OR FINANCED BY LANDLORD)
DURING THE TERM OF THIS LEASE AGREEMENT.
9.06
[INTENTIONALLY OMITTED.]
9.07
REQUIREMENTS FOR PERSONAL PROPERTY.
TENANT SHALL COMPLY WITH ALL OF
THE FOLLOWING REQUIREMENTS IN CONNECTION WITH PERSONAL PROPERTY:
(A)
TENANT SHALL REMOVE ANY OF TENANT'S PERSONAL PROPERTY, UPON THE
TERMINATION OR EXPIRATION OF THIS LEASE AGREEMENT AND SHALL REPAIR ANY DAMAGE TO
THE LEASED PROPERTY RESULTING FROM THE REMOVAL OF TENANT'S PERSONAL PROPERTY.
IF TENANT FAILS TO REMOVE TENANT'S PERSONAL PROPERTY WITHIN THIRTY (30) DAYS
AFTER THE TERMINATION OR EXPIRATION OF THE LEASE AGREEMENT, THEN TENANT SHALL BE
DEEMED TO HAVE ABANDONED TENANT'S PERSONAL PROPERTY, TENANT'S PERSONAL PROPERTY
SHALL BECOME THE PROPERTY OF LANDLORD (AT NO COST TO LANDLORD), AND LANDLORD MAY
REMOVE, STORE AND DISPOSE OF TENANT'S PERSONAL PROPERTY.
IN SUCH EVENT, TENANT
SHALL HAVE NO CLAIM OR RIGHT AGAINST LANDLORD FOR SUCH PROPERTY OR THE VALUE
THEREOF REGARDLESS OF THE DISPOSITION THEREOF BY LANDLORD.
TENANT SHALL PAY
LANDLORD, UPON DEMAND, ALL REASONABLE EXPENSES INCURRED BY LANDLORD IN REMOVING
AND DISPOSING OF TENANT'S PERSONAL PROPERTY AND REPAIRING ANY DAMAGE TO THE
LEASED PROPERTY CAUSED BY SUCH REMOVAL.
TENANT'S OBLIGATIONS HEREUNDER SHALL
SURVIVE THE TERMINATION OR EXPIRATION OF THIS LEASE AGREEMENT.
9.08
SIGNS.
TENANT MAY, AT ITS OWN EXPENSE, ERECT AND MAINTAIN
IDENTIFICATION SIGNS AT THE LEASED PROPERTY, PROVIDED SUCH SIGNS COMPLY IN ALL
MATERIAL RESPECTS WITH ALL LAWS, ORDINANCES, RULES, PERMITS, APPROVALS AND
REGULATIONS.
ON THE TERMINATION OR EXPIRATION OF THIS LEASE AGREEMENT, TENANT,
WITHIN THIRTY (30) DAYS AFTER NOTICE FROM LANDLORD, SHALL REMOVE THE SIGNS AND
REPAIR ANY DAMAGE TO THE LEASED PROPERTY OR THE LAND RESULTING FROM SUCH
REMOVAL, WHICH OBLIGATION SHALL SURVIVE THE EXPIRATION OR TERMINATION HEREOF.
26
9.09
FINANCINGS OF CAPITAL ADDITIONS TO A LEASED PROPERTY.
(A)
PRIOR TO SEEKING CONSTRUCTION, PERMANENT OR OTHER FINANCING FROM A
THIRD PARTY FOR A CAPITAL ADDITION PROPOSED TO BE MADE BY TENANT TO THE LEASED
PROPERTY OR THE LAND, TENANT