LESSEE WAIVES ALL
PRESENTMENTS, DEMANDS FOR PAYMENT AND FOR PERFORMANCE, NOTICES OF
NONPERFORMANCE, PROTESTS, NOTICES OF PROTEST, NOTICES OF DISHONOR, AND NOTICES
OF ACCEPTANCE AND WAIVES ALL NOTICES OF THE EXISTENCE, CREATION, OR INCURRING OF
NEW OR ADDITIONAL OBLIGATIONS, EXCEPT AS EXPRESSLY GRANTED HEREIN.
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32.3
FORCE MAJEURE.
NEITHER LESSOR NOR LESSEE, NOR
ANY SUCCESSOR IN INTEREST OF LESSOR OR LESSEE, SHALL BE CONSIDERED IN BREACH OR
DEFAULT OF THEIR RESPECTIVE OBLIGATIONS UNDER THIS LEASE, AND TIMES FOR
PERFORMANCE OF OBLIGATIONS HEREUNDER SHALL BE EXTENDED, EXCEPT WITH RESPECT TO
THE PAYMENT OF RENT, WHICH SHALL NOT BE SUBJECT TO THE TERMS OF THIS SECTION
32.3, IN THE EVENT OF ANY DELAY CAUSED BY ANY EVENT OF FORCE MAJEURE OCCURRING
AT OR AFFECTING THE LEASED PROPERTY (A "FORCE MAJEURE EVENT"), WHICH FORCE
MAJEURE EVENTS SHALL INCLUDE, WITHOUT LIMITATION, DAMAGE OR DESTRUCTION BY FIRE
OR OTHER CASUALTY; GENERAL STRIKE; LOCKOUT; LABOR DISPUTES; LABOR SHORTAGES;
CIVIL DISORDER; RIOTS; WAR; ACTS OF GOD; EPIDEMICS; EARTHQUAKES; ACTS OF
TERRORISM; FAILURE OF UTILITIES; SHORTAGE OR DELAY IN SHIPMENT OF MATERIAL OR
FUEL; OR OTHER SIMILAR EVENTS BEYOND THE PARTY'S REASONABLE CONTROL.
32.4
DEVELOPMENT AGREEMENTS.
(A)
LESSOR HAS ADVISED LESSEE THAT IT INTENDS
TO MAKE CERTAIN ALTERATIONS AND IMPROVEMENTS TO THE LEASED PROPERTY PURSUANT TO
THE DEVELOPMENT AGREEMENTS.
LESSOR SHALL COMPLY WITH ITS OBLIGATIONS UNDER THE
DEVELOPMENT AGREEMENTS AND SHALL USE REASONABLY COMMERCIAL EFFORTS TO ENFORCE
THE OBLIGATIONS OF DEVELOPER UNDER THE DEVELOPMENT AGREEMENTS.
(B)
ALL COSTS OF THE PROJECTS SHALL BE BORNE BY
LESSOR, AND LESSEE SHALL HAVE NO OBLIGATION TO PERFORM ANY WORK CONTEMPLATED BY
THE DEVELOPMENT AGREEMENTS.
IN THE COURSE OF IMPLEMENTING AND COMPLETING THE
PROJECTS, LESSOR SHALL NOT UNREASONABLY INTERFERE WITH THE OPERATION OF THE
FACILITY BY LESSEE OR THE PERFORMANCE OF LESSEE'S OBLIGATIONS UNDER THIS LEASE.
(C)
IN FURTHERANCE OF AND NOT IN LIMITATION OF
SUBSECTION (B) ABOVE. LESSOR CONFIRMS THAT (I) NEITHER LESSEE NOR MANAGER SHALL
BE RESPONSIBLE FOR ANY OBLIGATIONS OF THE DEVELOPER UNDER THE DEVELOPMENT
AGREEMENTS, NOR SHALL LESSEE OR MANAGER HAVE ANY OBLIGATION TO PAY ANY COSTS OR
EXPENSES INCURRED OR CONTEMPLATED PURSUANT TO THE DEVELOPMENT AGREEMENTS, (II)
IN NO EVENT SHALL ANY ANNUAL BUDGET INCLUDE ANY COSTS OF THE PROJECTS DESCRIBED
IN THE DEVELOPMENT AGREEMENTS, AND (III) AMOUNTS IN THE FFE RESERVE SHALL NOT BE
AVAILABLE TO PAY ANY COSTS DESCRIBED IN ANY OF THE DEVELOPMENT AGREEMENTS.
ARTICLE XXXIII
MEMORANDUM OF LEASE
33.1
MEMORANDUM OF LEASE.
LESSOR AND LESSEE SHALL
PROMPTLY UPON THE REQUEST OF EITHER PARTY ENTER INTO A SHORT FORM MEMORANDUM OF
THIS LEASE, IN FORM SUITABLE FOR RECORDING UNDER THE LAWS OF THE STATE OF
COLORADO IN WHICH REFERENCE TO THIS LEASE SHALL BE MADE.
LESSEE SHALL PAY ALL
COSTS AND EXPENSES OF RECORDING SUCH MEMORANDUM OF THIS LEASE.
ARTICLE XXXIV
COMPLIANCE WITH AGREEMENTS
34.1
MANAGEMENT AGREEMENT.
TO THE EXTENT ANY
PROVISIONS OF THE MANAGEMENT AGREEMENT IMPOSE A GREATER OBLIGATION ON LESSEE
THAN THE CORRESPONDING PROVISIONS OF THE LEASE, THEN LESSEE SHALL BE OBLIGATED
TO COMPLY WITH THE PROVISIONS OF THE MANAGEMENT
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