AND SUBSTANCE REASONABLY SATISFACTORY TO LANDLORD, UPON THE
REASONABLE REQUEST OF TENANT) SO LONG AS TENANT REPRESENTS TO LANDLORD THAT SUCH
DEVELOPMENT DOES NOT MATERIALLY AND ADVERSELY AFFECT THE USE OR OPERATION OF OR
ACCESS TO OR FROM THE APPLICABLE PROPERTY LOCATION AND THE DEVELOPMENT WILL NOT
(A) CAUSE ANY PORTION OF SUCH PROPERTY LOCATION TO BE IN VIOLATION OF ANY LEGAL
REQUIREMENTS, (B) CREATE ANY
15
LIENS ON SUCH PROPERTY LOCATION, OR (C) VIOLATE THE TERMS OF ANY DOCUMENT OR
INSTRUMENT OF RECORD ENCUMBERING SUCH PROPERTY LOCATION, INCLUDING WITHOUT
LIMITATION, ANY REA. IN ANY INSTANCE IN WHICH A PARTY REQUESTS THE CONSENT OF
THE OTHER PARTY TO AN REA CHANGE, THE OTHER PARTY SHALL RESPOND TO SUCH REQUEST
WITHIN TWENTY (20) DAYS; PROVIDED, THAT IF THERE IS NO RESPONSE WITHIN SAID
TWENTY (20) DAY PERIOD, CONSENT SHALL BE DEEMED TO HAVE BEEN GIVEN UPON THE
EXPIRATION OF SAID TWENTY (20) DAY PERIOD. LANDLORD AGREES THAT TENANT SHALL
ENJOY THE ACCESS, PARKING, EASEMENT AND RIGHT TO RECEIVE SERVICES AND BENEFITS
THAT INURE TO LANDLORD UNDER ALL REAS, CONCERNING SUCH ACCESS, PARKING, EASEMENT
RIGHTS OR THE RIGHT TO RECEIVE SERVICES THEREUNDER. LANDLORD HEREBY GRANTS UNTO
TENANT THE RIGHTS OF ENFORCEMENT AND AUDIT WITH RESPECT TO ALL OF THE REAS ON
LANDLORD'S BEHALF, AT TENANT'S SOLE COST AND EXPENSE. IF TENANT CURES A DEFAULT
OR ENFORCES PERFORMANCE BY THE OTHER OWNER OR OTHER PARTY TO AN REA IN
ACCORDANCE WITH AN REA AND IN DOING SO SPENDS MONEY, OR IF AT THE TIME IN
QUESTION TENANT IS PERFORMING THE COMMON AREA MAINTENANCE UNDER THAT REA AND THE
ADJACENT OWNER OR OTHER PARTY FAILS TO PAY ITS SHARE OF EXPENSES, LANDLORD
GRANTS TENANT, TO THE EXTENT GRANTED UNDER THE REA, THE RIGHT TO COLLECT
REIMBURSEMENT FROM THE ADJACENT OWNER OR THE OTHER PARTY TO SAID REA, PROVIDED
THAT LANDLORD SHALL HAVE NO LIABILITY TO TENANT WITH RESPECT TO ANY AMOUNTS PAID
OR COSTS INCURRED BY TENANT. LANDLORD AGREES THAT, UPON TENANT'S REQUEST AND AT
TENANT'S SOLE COST AND EXPENSE, LANDLORD WILL ENFORCE THE TERMS OF ANY REAS FOR
THE BENEFIT OF TENANT. EXCEPT TO THE EXTENT OF LANDLORD'S WILLFUL WRONGFUL ACTS
OR GROSS NEGLIGENCE (PROVIDED THAT THE TERM "GROSS NEGLIGENCE" USED IN THIS
SECTION SHALL NOT INCLUDE GROSS NEGLIGENCE IMPUTED AS A MATTER OF LAW TO ANY OF
THE LANDLORD INDEMNIFIED PARTIES SOLELY BY REASON OF LANDLORD'S INTEREST IN ANY
PROPERTY LOCATION OR TENANT'S FAILURE TO ACT IN RESPECT OF MATTERS WHICH ARE OR
WERE THE OBLIGATION OF TENANT UNDER THIS LEASE), TENANT AGREES THAT IT WILL
DEFEND, INDEMNIFY AND HOLD HARMLESS THE LANDLORD INDEMNIFIED PARTIES FROM AND
AGAINST ANY AND ALL LOSSES ARISING FROM OR RELATED TO A DEFAULT BY TENANT UNDER
THE REAS, THAT CONTINUES BEYOND APPLICABLE NOTICE AND CURE PERIODS, AND ANY
ENFORCEMENT ACTIONS DESCRIBED IN THIS SECTION. PROMPTLY AFTER THE REQUEST OF
TENANT, LANDLORD SHALL EXECUTE SUCH DOCUMENTS AS MAY BE REASONABLY REQUESTED BY
TENANT IN CONNECTION WITH ANY REA SO THAT TO THE EXTENT PERMITTED BY SUCH