NINETY (90) DAYS REMAIN PRIOR TO THE RELOCATION OR ABANDONMENT IN
PLACE OF THE SYNCHRONOUS CONDENSERS.
PROVIDED LANDLORD PROVIDES REASONABLE
PRIOR WRITTEN NOTICE OF ITS ACTIVITIES IN THE SYNCHRONOUS CONDENSER AREA FROM
TIME TO TIME, TENANT SHALL USE REASONABLE EFFORTS NOT TO DISRUPT OR INTERFERE
WITH LANDLORD'S OR COMED'S ACCESS TO OR OPERATION OF THE SYNCHRONOUS CONDENSERS.
(B)
PRIOR TO THE DATE THAT IS 18 MONTHS FOLLOWING THE LEASE COMMENCEMENT DATE
(AS SUCH DATE MAY BE EXTENDED ON A DAY-FOR-DAY BASIS ON ACCOUNT OF TENANT DELAY
OR FORCE MAJEURE), LANDLORD SHALL, AT ITS EXPENSE (I) DEACTIVATE THE SYNCHRONOUS
CONDENSERS, (II) DRAIN THE SYNCHRONOUS CONDENSER SYSTEMS AND REMOVE ANY HYDROGEN
AND LUBE OIL ATTRIBUTABLE THERETO, (II) DISCONNECT THE SYNCHRONOUS CONDENSERS
FROM THE SWITCHYARD AND (IV) REMOVE THE SYNCHRONOUS CONDENSERS AND/OR ABANDON
THEM IN PLACE.
LANDLORD SHALL GIVE PROMPT WRITTEN NOTICE TO TENANT IF ANY EVENT
OF FORCE MAJEURE OR TENANT DELAY SHALL OCCUR OR EXIST THAT WILL IMPACT
LANDLORD'S REMOVAL OR ABANDONMENT OF THE SYNCHRONOUS CONDENSERS, STATING THE
EVENTS OR CONDITIONS THAT CONSTITUTE THE EVENT OF FORCE MAJEURE OR TENANT DELAY
AND THE STEPS LANDLORD IS TAKING OR INTENDS TO TAKE TO OVERCOME SUCH EVENTS OR
CONDITIONS, IF ANY.
LANDLORD SHALL USE DILIGENT EFFORTS TO OVERCOME EVENTS OF
FORCE MAJEURE AND TENANT DELAY IMPACTING ITS REMOVAL OR ABANDONMENT OF THE
SYNCHRONOUS CONDENSERS.
TENANT'S SOLE REMEDY FOR DELAY IN THE PERFORMANCE BY
LANDLORD OF ITS OBLIGATIONS IN THE PRECEDING CLAUSES (I) THROUGH (IV) SHALL BE
THE EXTENSION OF THE TIME FOR PERFORMANCE OF TENANT'S OBLIGATIONS BY REASON OF
THE SCHEDULE EXTENSION CONDITION.
(C)
CONCURRENTLY WITH, OR PRIOR TO, THE REMOVAL AND/OR ABANDONMENT OF THE
SYNCHRONOUS CONDENSERS, LANDLORD SHALL, AT ITS EXPENSE, RELOCATE THE CONTROLS
FOR THE SWITCHYARD AND OIL COOLED BUSSES NOW LOCATED IN THE SYNCHRONOUS
CONDENSER AREA TO A SPACE WITHIN OR NEAR THE SWITCHYARD OR NEW VAR FACILITY
AREA.
IF SUCH SPACE IS LOCATED WITHIN THE PREMISES BUT OUTSIDE THE SWITCHYARD
AND THE NEW VAR FACILITY AREA, THEN THE PARTICULAR LOCATION OF SUCH SPACE SHALL
BE SUBJECT TO TENANT'S PRIOR WRITTEN CONSENT, WHICH SHALL NOT BE UNREASONABLY
WITHHELD, CONDITIONED OR DELAYED, AND SUCH SPACE SHALL BE KNOWN AS THE "NEW
CONTROL AREA."
14
8.9
COVENANT AGAINST LIENS.
TENANT SHALL NOT CAUSE OR PERMIT ANY ENCUMBRANCE
(INCLUDING ANY MECHANIC'S OR MATERIALMAN'S LIEN) TO BE ASSERTED AGAINST THE
PREMISES OR ANY INTEREST THEREIN (INCLUDING THE LEASEHOLD INTEREST CREATED BY
THIS LEASE) AS A RESULT OF ANY ACT OR OMISSION OF TENANT, ITS AGENTS,
CONTRACTORS AND EMPLOYEES.
IN THE EVENT ANY SUCH ENCUMBRANCE IS FILED, TENANT
WILL WITHIN THIRTY (30) DAYS AFTER RECEIVING WRITTEN NOTICE THEREOF CAUSE SUCH
ENCUMBRANCE TO BE RELEASED OR BONDED OVER. IN THE EVENT SUCH ENCUMBRANCE IS NOT
TIMELY RELEASED OR BONDED OVER, LANDLORD, AT ITS SOLE OPTION AND IN ADDITION TO
ANY OF ITS OTHER RIGHTS AND REMEDIES, MAY BOND OVER THE SAME, AND TENANT SHALL
PROMPTLY UPON NOTICE THEREOF REIMBURSE LANDLORD FOR THE COST OF SUCH BOND AND
OTHER DIRECT COSTS RELATED TO SUCH ACTION.
TENANT