Common use of Changes to Project Clause in Contracts

Changes to Project. Landlord shall have the right, in Landlord’s sole discretion, from time to time, to make changes to the size, shape, location, legal description, number and extent of the improvements comprising the Project, to sell portions of the Project or to expand the Project by adding additional real property or buildings to the Project (hereinafter collectively referred to as “Changes”). Such Changes may include, but are not limited to, the Common Areas, security systems, parking control systems, driveways, entrances, parking spaces, parking areas and landscaped areas. In the event Landlord makes any such Changes, including without limitation, adding to the Project any additional building containing rentable area, Landlord may elect to include certain expenses and/or real property taxes with respect to any such additional building as Operating Expenses and/or Real Property Taxes (as the case may be), in which case Tenant’s Pro Rata Share of Operating Expenses with respect to such expenses and/or real property taxes shall be modified to reflect the rentable area of such additional building. In connection with the Changes, Landlord may, among other things, erect scaffolding or other necessary structures at the Project, limit or eliminate access to portions of the Project, including portions of the Common Areas, or perform work in the Building or within the Project which work may create noise, dust or leave debris within the Project. Tenant hereby agrees that such Changes and Landlord’s actions in connection with such Changes shall in no way constitute a constructive eviction of Tenant or entitle Tenant to any abatement of rent. Provided that the Changes do not prohibit access to or the Permitted Use of the Premises or reduce the amount of the Parking Spaces or relocate the Parking Area, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the Changes, nor shall Tenant be entitled to any compensation or damages from Landlord for any inconvenience or annoyance occasioned by such Changes or Landlord’s actions in connection with such Changes.

Changes to Project. Landlord shall have the right, in Landlord’s sole discretion, from time to time, to make changes to the size, shape, location, legal description, number and extent of the improvements comprising the Project, to sell portions of the Project or to expand the Project by adding additional real property or buildings to the Project (hereinafter collectively referred to as “Changes”). Such Changes may include) including, but are not limited to, the Project interior and exterior, the Common Areas, elevators, escalators, restrooms, HVAC, electrical systems, communication systems, fire protection and detection systems, plumbing systems, security systems, parking control systems, driveways, entrances, parking spaces, parking areas and landscaped areas. In ; provided, however, that Landlord shall not materially change the event Landlord makes any such Changes, including without limitation, adding to location of the Project any additional building containing rentable area, Landlord may elect to include certain expenses and/or real property taxes with respect to any such additional building as Operating Expenses and/or Real Property Taxes (as exterior walls of the case may be), Building or materially change the location of the Common Areas within the Building in which case a way that would materially and adversely effect Tenant’s Pro Rata Share use of Operating Expenses with respect to such expenses and/or real property taxes the Premises without the prior written consent of Tenant, which consent shall not be modified to reflect the rentable area of such additional buildingunreasonably withheld, conditioned or delayed. In connection with the Changes, Landlord may, among other things, erect scaffolding or other necessary structures at the Project, limit or eliminate access to portions of the Project, including portions of the Common Areas, or perform work in the Building or within the Project Building, which work may create noise, dust or leave debris within in the ProjectBuilding. Tenant hereby agrees that such Changes and Landlord’s actions in connection with such Changes shall in no way constitute a constructive eviction of Tenant or entitle Tenant to any abatement of rent. Provided that the Changes do not prohibit access to or the Permitted Use of the Premises or reduce the amount of the Parking Spaces or relocate the Parking Area, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the Changes, nor shall Tenant be entitled to any compensation or damages from Landlord for any inconvenience or annoyance occasioned by such Changes or Landlord’s actions in connection with such Changes. Landlord shall use commercially reasonable efforts to minimize disruption to Tenant’s business operations caused by Changes.

Changes to Project. Landlord shall have reserves the right, in Landlord’s sole discretion, right at any time and from time to time, time (a) to make or permit changes or revisions in the site plan for or layout of the Project including, without limitation, additions to, subtractions from, rearrangements of, alterations of, modifications of or supplements to the sizepublic areas or the building areas, shapewalkways, locationparking areas, legal descriptiondriveways or other areas within or without the Project and upon the property on which the Project is located, number (b) to construct other buildings or improvements in or as additions to the Project and extent to make alterations thereof or additions thereto and to build additional stories on any such building or buildings and to construct other buildings or improvements adjoining the same (however no such modification may materially and adversely affect the conduct of operations of the improvements comprising Casino unless approved by Tenant, which approval shall not be unreasonably withheld, conditioned or delayed), and (c) to make or permit changes or revisions in the Project, including additions thereto, and to sell convey portions of the Project and the property on which the Project is located to others for the purpose of constructing thereon other buildings or improvements, including additions thereto and alterations thereof. Landlord will have the right without abatement of Rent to (i) enter into, modify and terminate easements and other agreements pertaining to the use and maintenance of the parking area portions of the Project and the property on which the Project is located (however, in no event, shall parking for the Premises be less than the minimum number of parking spaces required by Applicable law), (ii) close such portions of the Project and the property on which the Project is located as may, in the reasonable opinion of Landlord, be necessary to prevent a dedication thereof or the accrual of any right therein to any person or to expand the public, (iii) close portions of the Project by adding additional real and the property or buildings to on which the Project (hereinafter collectively referred is located for any other reason reasonably determined by Landlord to as “Changes”). Such Changes may include, but are not limited to, be in the Common Areas, security systems, parking control systems, driveways, entrances, parking spaces, parking areas and landscaped areas. In the event Landlord makes any such Changes, including without limitation, adding to the Project any additional building containing rentable area, Landlord may elect to include certain expenses and/or real property taxes with respect to any such additional building as Operating Expenses and/or Real Property Taxes (as the case may be), in which case Tenant’s Pro Rata Share of Operating Expenses with respect to such expenses and/or real property taxes shall be modified to reflect the rentable area of such additional building. In connection with the Changes, Landlord may, among other things, erect scaffolding or other necessary structures at the Project, limit or eliminate access to portions best interest of the Project, including (iv) close temporarily any or all portions of the Common AreasProject and the property on which the Project is located for repairs or refurbishing (provided, however, that in no event shall any portion of the Casino be closed unless approved by Tenant, which approval shall not be unreasonably withheld, conditioned or perform work delayed, in accordance with Section 2.7 hereinbelow) (v) discourage non-guest parking , (vi) move, remove, relocate and/or replace seats, trees, planters and other amenities commonly found in similar resorts, and (vii) do such other acts in and to said areas and improvements, as Landlord, in the Building or within the Project which work may create noiseexercise of its reasonable business judgment, dust or leave debris within the Project. Tenant hereby agrees that such Changes and Landlord’s actions in connection with such Changes shall in no way constitute a constructive eviction of Tenant or entitle Tenant to any abatement of rentdeems advisable. Provided that nothing herein shall materially and adversely interfere with or cause the Changes do not prohibit access to suspension or cessation of gaming activity within the Permitted Use Casino substantially as it is currently functioning, or cause the loss of the Premises or reduce the amount use of the Parking Spaces or relocate the Parking Area, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with of Tenant’s business arising from security, surveillance, accounting, cash counting or other casino related back of house areas within the Changes, nor shall Tenant be entitled to any compensation or damages from Landlord for any inconvenience or annoyance occasioned by such Changes or Landlord’s actions in connection with such ChangesPremises.

Changes to Project. PROVIDED THAT TENANT'S USE OF AND ACCESS TO THE PREMISES ARE NOT PERMANENTLY MATERIALLY ADVERSELY AFFECTED THEREBY, Landlord shall have the right, in Landlord’s 's sole discretion, from time to time, to make changes to the size, shape, location, legal description, number and extent of the improvements comprising the Project, to sell portions of the Project or to expand the Project by adding additional real property or buildings to the Project (hereinafter collectively referred to as “"Changes”). Such Changes may include") including, but are not limited to, the Project interior and exterior, the Common Areas, elevators, escalators, restrooms, HVAC, electrical systems, communication systems, fire protection and detection systems, plumbing systems, security systems, parking control systems, driveways, entrances, parking spaces, parking areas and landscaped areas. In the event Landlord makes any such Changes, including without limitation, adding to the Project any additional building containing rentable area, Landlord may elect to include certain expenses and/or real property taxes with respect to any such additional building as Operating Expenses and/or Real Property Taxes (as the case may be), in which case Tenant’s Pro Rata Share of Operating Expenses with respect to such expenses and/or real property taxes shall be modified to reflect the rentable area of such additional buildingareas PROVIDED HOWEVER THAT THE SIZE OF THE COMMON AREAS AND THE SCOPE OF SERVICES OFFERED TO TENANT AS OF THE DATE THIS LEASE IS FULLY EXECUTED BY LANDLORD AND TENANT SHALL NOT BE PERMANENTLY MATERIALLY ADVERSELY DIMINISHED AS A RESULT OF SUCH CHANGES. In connection with the Changes, Landlord may, among other things, erect scaffolding or other necessary structures at the Project, limit or eliminate access to portions of the Project, including portions of the Common Areas, or perform work in the Building or within the Project Building, which work may create noise, dust or leave debris within in the ProjectBuilding. Tenant hereby agrees that such Changes and Landlord’s 's actions in connection with such Changes shall in no way constitute a constructive eviction of Tenant or entitle Tenant to any abatement of rent. Provided that the Changes do not prohibit access to or the Permitted Use of the Premises or reduce the amount of the Parking Spaces or relocate the Parking Area, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s 's business arising from the Changes, nor shall Tenant be entitled to any compensation or damages from Landlord for any inconvenience or annoyance occasioned by such Changes or Landlord’s 's actions in connection with such Changes.

Changes to Project. Landlord shall have the rightfollowing rights (a) to rearrange, change, expand or contract the Common Areas; (b) to use Common Areas while engaged in Landlord’s sole discretionmaking improvements, repairs or alterations to the Project; and (c) to do and perform such other acts and make such other changes to the interior of the Building (including, without limitation, the lobbies, entrances, passageways, doors, doorways, atriums, corridors, elevators, stairs, Common Area restrooms, loading docks and parking garage) and the exterior of the Building (including, without limitation, the facade, roof, sidewalks, exterior windows and arcade), all as Landlord may from time to timetime in its sole judgment deem to be appropriate, to make changes provided in each instance that: (i) except to the sizeextent required by applicable Requirements, shape, location, legal description, number and extent the level of any Building service shall not decrease in any material respect from the level required of Landlord in this Lease as a result thereof (other than temporary changes in the level of such services during the performance of any such work or improvement); (ii) Tenant is not deprived of reasonable access to the Premises or to the Parking Facility in the Building; (iii) Tenant’s use of the improvements comprising Premises for the Project, operation of its business is not materially adversely affected; and (iv) except to sell portions the extent required by applicable Requirements the size of the Project or main lobby and atrium, if any, is not materially reduced. Landlord shall use reasonable efforts to expand minimize interference with Xxxxxx’s use and occupancy of the Project by adding additional real property or buildings to Premises and Xxxxxx’s use of the Project (hereinafter collectively referred to as “Changes”). Such Changes may include, but are not limited to, Parking Facility during the Common Areas, security systems, parking control systems, driveways, entrances, parking spaces, parking areas and landscaped areas. In the event Landlord makes any such Changes, including without limitation, adding to the Project any additional building containing rentable area, Landlord may elect to include certain expenses and/or real property taxes with respect to any such additional building as Operating Expenses and/or Real Property Taxes (as the case may be), in which case Tenant’s Pro Rata Share of Operating Expenses with respect to such expenses and/or real property taxes shall be modified to reflect the rentable area performance of such additional building. In connection with the Changes, Landlord may, among other things, erect scaffolding work or other necessary structures at the Project, limit or eliminate access to portions of the Project, including portions of the Common Areas, or perform work in the Building or within the Project which work may create noise, dust or leave debris within the Project. Tenant hereby agrees that such Changes and Landlord’s actions in connection with such Changes shall in no way constitute a constructive eviction of Tenant or entitle Tenant to any abatement of rentimprovement. Provided that Landlord complies with the Changes do not prohibit access to terms of this Section 26.20: (y) Landlord may exercise any or the Permitted Use all of the Premises foregoing rights without being deemed to be guilty of an eviction, actual or reduce the amount constructive, or a disturbance of Tenant’s business or use or occupancy of the Parking Spaces or relocate the Parking Area, Landlord Premises; and (z) Tenant shall have no responsibility claim for damages, indemnification or for any reason be liable to Tenant for any direct eviction (whether actual or indirect injury to or interference with Tenant’s business arising from the Changes, constructive) against Landlord nor shall Tenant be entitled to any compensation diminution or damages abatement of Rent arising from Landlord for any inconvenience or annoyance occasioned by such Changes or Landlord’s actions exercise of any or all of the foregoing rights except as provided, in connection with Sections 10.13 and 15.6(b) and Article 11 of this Lease. Tenant acknowledges that it has no rights to any development rights, air rights or comparable rights appurtenant to the Project and Tenant consents, without further consideration, to any utilization of such Changesrights by Landlord.

Changes to Project. Landlord shall have the rightfollowing rights (a) to rearrange, change, expand or contract the Common Areas; (b) to use Common Areas while engaged in Landlord’s sole discretionmaking improvements, repairs or alterations to the Project; and (c) to do and perform such other acts and make such other changes to the interior of the Building (including, without limitation, the lobbies, entrances, passageways, doors, doorways, atriums, corridors, elevators, stairs, Common Area restrooms, loading docks and parking garage) and the exterior of the Building (including, without limitation, the façade, roof, sidewalks, exterior windows and arcade), all as Landlord may from time to timetime in its sole judgment deem to be appropriate. Landlord may exercise any or all of the foregoing rights without being deemed to be guilty of an eviction, to make changes actual or constructive, or a disturbance of Tenant’s business or use or occupancy of the Premises. Subject to the sizeprovisions of this Section 26.20, shape, location, legal description, number and extent of the improvements comprising the Project, to sell portions of the Project or to expand the Project by adding additional real property or buildings to the Project (hereinafter collectively referred to as “Changes”). Such Changes may include, but are not limited to, the Common Areas, security systems, parking control systems, driveways, entrances, parking spaces, parking areas and landscaped areas. In the event Landlord makes any such Changes, including without limitation, adding to the Project any additional building containing rentable area, Landlord may elect to include certain expenses and/or real property taxes with respect to any such additional building as Operating Expenses and/or Real Property Taxes (as the case may be), in which case Tenant’s Pro Rata Share of Operating Expenses with respect to such expenses and/or real property taxes shall be modified to reflect the rentable area of such additional building. In connection with the Changes, Landlord may, among other things, erect scaffolding or other necessary structures at the Project, limit or eliminate access to portions of the Project, including portions of the Common Areas, or perform work in the Building or within the Project which work may create noise, dust or leave debris within the Project. Tenant hereby agrees that such Changes and Landlord’s actions in connection with such Changes shall in no way constitute a constructive eviction of Tenant or entitle Tenant to any abatement of rent. Provided that the Changes do not prohibit access to or the Permitted Use of the Premises or reduce the amount of the Parking Spaces or relocate the Parking Area, Landlord shall have no responsibility claim for damages, indemnification or for any reason be liable to Tenant for any direct eviction (whether actual or indirect injury to or interference with Tenant’s business arising from the Changes, constructive) against Landlord nor shall Tenant be entitled to any compensation diminution or damages abatement of Rent arising from Landlord for any inconvenience or annoyance occasioned by such Changes or Landlord’s actions in exercise of any or all of the foregoing rights. Tenant acknowledges that it has no rights to any development rights, air rights or comparable rights appurtenant to the Project and Tenant consents, without further consideration, to any utilization of such rights by Landlord. In connection with the exercise of Landlord’s rights set forth in this Section 26.20, Landlord agrees: (i) that Tenant will always have access to the Premises; (ii) to exercise commercially reasonable efforts to minimize interference with Tenant’s business operations; (iii) not to materially and adversely affect Tenant’s right to use and enjoy of the Premises; and (iv) during the period (if any) that Tenant does not have reasonable access to the Parking Facility due to the above-described Landlord’s work, Landlord shall provide Tenant with reasonable alternate parking in the vicinity of the Building at no additional cost to Tenant provided that Landlord shall only have the right to not provide access to the Parking Facility for such Changesperiod as may reasonably be required in order to complete such work at the Parking Facility.