INDUSTRY
STANDARDS FOR COMPARABLE TRAVEL CENTERS IN LIKE LOCALES, IN ACCORDANCE WITH ALL
APPLICABLE FEDERAL, STATE AND LOCAL STATUTES, ORDINANCES, CODES, RULES AND
REGULATIONS RELATING TO ANY SUCH WORK.
TENANT SHALL NOT TAKE OR OMIT TO TAKE
(OR PERMIT ANY PERSON TO TAKE OR OMIT TO TAKE) ANY ACTION, THE TAKING OR
OMISSION OF WHICH WOULD MATERIALLY AND ADVERSELY IMPAIR THE VALUE OR THE
USEFULNESS OF THE LEASED PROPERTY OR ANY MATERIAL PART THEREOF FOR ITS PERMITTED
USE.
TENANT'S USE, OCCUPANCY AND MAINTENANCE OF THE LEASED PROPERTY SHALL
COMPLY WITH ALL PUBLISHED REQUIREMENTS IMPOSED FROM TIME TO TIME ON A
SYSTEM-WIDE BASIS FOR TA TRAVEL CENTERS.
TENANT'S OBLIGATIONS UNDER THIS
SECTION 5.1.1 SHALL BE LIMITED IN THE EVENT OF ANY CASUALTY OR CONDEMNATION AS
SET FORTH IN ARTICLE 10 AND ARTICLE 11 AND TENANT'S OBLIGATIONS WITH RESPECT TO
HAZARDOUS SUBSTANCES ARE AS SET FORTH IN SECTION 4.3.
(B)
TENANT SHALL PREPARE AND SUBMIT TO LANDLORD FOR LANDLORD'S
APPROVAL, ON OR BEFORE DECEMBER 1 OF EACH LEASE YEAR DURING THE TERM HEREOF AND
FOR THE NEXT FOLLOWING LEASE YEAR, A DETAILED BUDGET (THE "CAPITAL REPLACEMENTS
BUDGET") FOR EACH PROPERTY, PROJECTING ALL COSTS, EXPENSES AND EXPENDITURES
EXPECTED TO BE INCURRED AT SUCH PROPERTY DURING THE FOLLOWING LEASE YEAR FOR
CAPITAL ADDITIONS.
EACH CAPITAL REPLACEMENTS BUDGET SHALL BE SUPPLEMENTED BY
SUCH INFORMATION AS LANDLORD SHALL REASONABLY REQUEST FROM TIME TO TIME.
5.1.2
LANDLORD'S OBLIGATIONS.
(A)
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, LANDLORD
SHALL NOT, UNDER ANY CIRCUMSTANCES, BE REQUIRED TO BUILD OR REBUILD ANY
IMPROVEMENT ON THE LEASED PROPERTY, OR TO MAKE ANY REPAIRS, REPLACEMENTS,
ALTERATIONS, RESTORATIONS OR RENEWALS OF ANY NATURE OR DESCRIPTION TO THE LEASED
PROPERTY, WHETHER ORDINARY OR EXTRAORDINARY, STRUCTURAL OR NONSTRUCTURAL,
FORESEEN OR
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UNFORESEEN, OR TO MAKE ANY EXPENDITURE WHATSOEVER WITH RESPECT THERETO, OR TO
MAINTAIN THE LEASED PROPERTY IN ANY WAY.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED
IN THIS AGREEMENT, TENANT HEREBY WAIVES, TO THE MAXIMUM EXTENT PERMITTED BY LAW,
THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF LANDLORD PURSUANT TO ANY LAW IN
EFFECT ON THE COMMENCEMENT DATE OR THEREAFTER.
LANDLORD SHALL HAVE THE RIGHT TO
GIVE, RECORD AND POST, AS APPROPRIATE, NOTICES OF NONRESPONSIBILITY UNDER ANY
MECHANIC'S LIEN LAWS NOW OR HEREAFTER EXISTING.
(B)
IF, PURSUANT TO THE TERMS OF THIS AGREEMENT, TENANT IS REQUIRED TO
MAKE ANY CAPITAL EXPENDITURES, INCLUDING, WITHOUT LIMITATION, THE CAPITAL
EXPENDITURES IDENTIFIED IN ANY CAPITAL REPLACEMENTS BUDGET, TENANT MAY, AT ITS
ELECTION, ADVANCE SUCH FUNDS OR GIVE LANDLORD NOTICE THEREOF, WHICH NOTICE SHALL
SET FORTH, IN REASONABLE DETAIL, THE NATURE OF THE REQUIRED CAPITAL EXPENDITURE,
THE ESTIMATED COST THEREOF AND SUCH OTHER INFORMATION WITH RESPECT THERETO AS
LANDLORD MAY REASONABLY REQUIRE.
PROVIDED THAT NO EVENT OF DEFAULT SHALL HAVE
OCCURRED AND BE CONTINUING AND TENANT SHALL OTHERWISE COMPLY WITH THE APPLICABLE
PROVISIONS OF ARTICLE 6, LANDLORD SHALL, WITHIN TEN (10) BUSINESS DAYS AFTER
SUCH NOTICE, SUBJECT TO AND IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF
ARTICLE 6, DISBURSE SUCH REQUIRED FUNDS TO TENANT (OR, IF TENANT SHALL