Common use of Construction of Capital Additions to the Leased Property Clause in Contracts

Construction of Capital Additions to the Leased Property. (a) If no Event of Default shall have occurred or be continuing under this Lease or the Other Leases, Lessee shall have the right, upon and subject to the terms and conditions set forth below, to construct or install Capital Additions on the Leased Property without the prior written consent of Lessor, provided, however, except as expressly provided in Section 10.2(d) hereof, Lessee shall not be permitted to create any Encumbrance on the Leased Property, as defined in Article XXXVII, in connection with such Capital Addition. Prior to commencing construction of any Capital Addition, Lessee shall, at Lessee's sole cost and expense (i) submit to Lessor in writing a proposal setting forth in reasonable detail any proposed Capital Addition, (ii) provide to Lessor such plans and specifications, certificates of need and other approvals, permits, licenses, contracts and other information concerning the proposed Capital Addition as Lessor may reasonably request, and (iii) obtain all necessary certificates of need, state licensure surveys and all regulatory approvals of architectural plans. Without limiting the generality of the foregoing, such proposal shall indicate the approximate projected cost of constructing such Capital Addition, and the use or uses to which it will be put.

Construction of Capital Additions to the Leased Property. (a) If no Event of Default shall have occurred or be continuing under this Lease or Lease, the Other Leases and the Tenant Leases, Lessee shall have the right, upon and subject to the terms and conditions set forth below, to construct or install Capital Additions on the Leased Property without the prior written consent of Lessor, provided, however, except as expressly provided in Section 10.2(d) hereof, Lessee shall not be permitted to create any Encumbrance on the Leased Property, as defined in Article XXXVII, in connection with such Capital Addition. Prior to commencing construction of any Capital Addition, Lessee shall, at Lessee's sole cost and expense (i) submit to Lessor in writing a proposal setting forth in reasonable detail any proposed Capital Addition, (ii) provide submit to Lessor such plans and specifications, certificates of need and other approvals, permits, licenses, contracts and other information concerning the proposed Capital Addition as Lessor may reasonably request, and (iii) obtain all necessary certificates of need, state licensure surveys and all regulatory approvals of architectural plans. Without limiting the generality of the foregoing, such proposal shall indicate the approximate projected cost of constructing such Capital Addition, and the use or uses to which it will be put.

Construction of Capital Additions to the Leased Property. (a) If After the completion of the construction of the Leased Improvements under the Development Agreement, and provided no Default or Event of Default shall have occurred or be continuing under this Lease or the Other LeasesDefault, Lessee shall have the right, upon and subject to the terms and conditions set forth below, to construct or install Capital Additions on the Leased Property without the prior written consent of Lessor, provided, however, except as expressly provided in Section 10.2(d) hereof, Lessee shall not be permitted to create any Encumbrance on the Leased Property, as defined in Article XXXVII, Property in connection with such Capital Addition. Prior to commencing construction of any Capital Addition, Lessee shall, at Lessee's sole cost and expense (i) submit to Lessor in writing a proposal setting forth in reasonable detail any proposed Capital Addition, (ii) provide submit to Lessor such plans and specifications, certificates of need and other approvals, permits, licenses, contracts and other information concerning the proposed Capital Addition as Lessor may reasonably request, and (iii) obtain all necessary certificates of need, state licensure surveys and all regulatory approvals of architectural plans. Without limiting the generality of the foregoing, such proposal shall indicate the approximate projected cost of constructing such Capital Addition, and the use or uses to which it will be put.

Construction of Capital Additions to the Leased Property. (a) If no Event of Default shall have occurred or be continuing under this Lease or and the Other Tenant Leases, Lessee shall have the right, upon and subject to the terms and conditions set forth below, to construct or install Capital Additions on the Leased Property without the prior written consent of Lessor, provided, however, except as expressly provided in Section 10.2(d) hereof, Lessee shall not be permitted to create any Encumbrance on the Leased Property, as defined in Article XXXVII, in connection with such Capital Addition. Prior to commencing construction of any Capital Addition, Lessee shall, at Lessee's sole cost and expense (i) submit to Lessor in writing a proposal setting forth in reasonable detail any proposed Capital Addition, (ii) provide submit to Lessor such plans and specifications, certificates of need and other approvals, permits, licenses, contracts and other information concerning the proposed Capital Addition as Lessor may reasonably request, and (iii) obtain all necessary certificates of need, state licensure surveys and all regulatory approvals of architectural plans. Without limiting the generality of the foregoing, such proposal shall indicate the approximate projected cost of constructing such Capital Addition, and the use or uses to which it will be put.

Construction of Capital Additions to the Leased Property. (a) If no Event of Default shall have occurred or be continuing under this Lease or the Other Leaseshas occurred, Lessee shall have the right, upon and subject to the terms and conditions set forth below, to construct or install Capital Additions on such portion of the Leased Property without with the prior written consent of Lessor, not to be unreasonably withheld, conditioned or delayed (provided, however, except as expressly provided in Section 10.2(dthat such consent is not required with respect to any Capital Addition that will cost less than Five Hundred Thousand Dollars ($500,000)) hereof, Lessee shall not be permitted to create any Encumbrance Lien on such portion of the Leased Property, as defined in Article XXXVII, Property in connection with such Capital Addition, except as provided in Section 10.2. Prior to commencing construction of any such Capital Addition, Lessee shall, at Lessee's ’s sole cost and expense expense, (i) submit to Lessor in writing for Lessor’s prior approval a proposal setting forth in reasonable detail any such proposed Capital Addition, (ii) provide submit to Lessor for Lessor’s prior approval or consent such plans and specifications, certificates of need need, and other approvals, permits, licenses, contracts and other information concerning the such proposed Capital Addition as Lessor may reasonably request, and (iii) obtain all necessary certificates of need, state licensure surveys surveys, and all regulatory approvals of architectural plans. Without limiting the generality of the foregoing, such proposal shall indicate the approximate projected cost of constructing such Capital Addition, and together with the use or uses to which it will be put.

Construction of Capital Additions to the Leased Property. (a) If Except as set forth on EXHIBIT C attached hereto, if no Event of Default shall have occurred or be continuing under this Lease, the Other Lease and the Tenant Leases, and no event has occurred which with the giving of notice or the Other Leasespassage of time or both would constitute such a default, Lessee shall have the right, upon and subject to the terms and conditions set forth below, to construct or install Capital Additions on the Leased Property without the prior written consent of Lessor, provided, however, except as expressly provided in Section 10.2(d) hereof, Lessee shall not be permitted to create any Encumbrance on the Leased Property, as defined in Article XXXVII, in connection with such Capital Addition, without the prior written consent of Lessor. Prior to commencing construction of any Capital Addition, Lessee shall, at Lessee's sole cost and expense (i) submit to Lessor for Lessor's prior approval in writing a proposal setting forth in reasonable detail any proposed Capital Addition, (ii) provide submit to Lessor for Lessor's prior approval such plans and specifications, certificates of need and other approvals, permits, licenses, contracts and other information concerning the proposed Capital Addition as Lessor may reasonably request, and (iii) obtain all necessary certificates of need, state licensure surveys and all regulatory approvals of architectural plans. Without limiting the generality of the foregoing, such proposal shall indicate the approximate projected cost of constructing such Capital Addition, and the use or uses to which it will be put.

Construction of Capital Additions to the Leased Property. (a) If no Event of Default shall have occurred or be continuing under this Lease or the Other Leaseshas occurred, Lessee shall have the right, upon and subject to the terms and conditions set forth below, to construct or install Capital Additions on such portion of the Leased Property without with the prior written consent of Lessor, not to be unreasonably withheld, conditioned or delayed (provided, however, except as expressly provided in Section 10.2(dthat such consent is not required with respect to any Capital Addition that will cost less than Five Hundred Thousand Dollars ($500,000)) hereof, Lessee shall not be permitted to create any Encumbrance Lien on such portion of the Leased Property, as defined in Article XXXVII, Property in connection with such Capital Addition, except as provided in Section 10.3. Prior to commencing construction of any such Capital Addition, Lessee shall, at Lessee's ’s sole cost and expense expense, (i) submit to Lessor in writing for Lessor’s prior approval a proposal setting forth in reasonable detail any such proposed Capital Addition, (ii) provide submit to Lessor for Lessor’s prior approval or consent such plans and specifications, certificates of need need, and other approvals, permits, licenses, contracts and other information concerning the such proposed Capital Addition as Lessor may reasonably request, and (iii) obtain all necessary certificates of need, state licensure surveys surveys, and all regulatory approvals of architectural plans. Without limiting the generality of the foregoing, such proposal shall indicate the approximate projected cost of constructing such Capital Addition, and together with the use or uses to which it will be put.

Construction of Capital Additions to the Leased Property. (a) If no Event of Default shall have occurred or and be continuing under this Lease or the Other Leasescontinuing, Lessee shall have the right, upon and subject to the terms and conditions set forth below, to construct or install Capital Additions on the Leased Property without with the prior written consent of Lessor; provided that Lessor's consent shall not be required for any Capital Addition, providedthe estimated cost of which, howeverwhen added to the estimated cost of all other Capital Additions commenced within the same calendar year, except as expressly does not exceed $200,000; and provided in Section 10.2(d) hereof, further that Lessee shall not be permitted to create any Encumbrance on the Leased Property, as defined in Article XXXVII, Property in connection with such Capital AdditionAddition without first complying with Section 9.1(b) hereof. Prior to commencing construction of any Capital Addition, Lessee shall, at Lessee's sole cost and expense (i) shall submit to Lessor in writing a proposal setting forth in reasonable detail any proposed Capital Addition, (ii) Addition and shall provide to Lessor such plans and specifications, certificates of need and other approvals, permits, licenses, contracts and other information concerning the proposed Capital Addition as Lessor may reasonably request, and (iii) obtain all necessary certificates of need, state licensure surveys and all regulatory approvals of architectural plans. Without limiting the generality of the foregoing, such proposal shall indicate the approximate projected cost of constructing such Capital Addition, Addition and the use or uses to which it will be put.

Construction of Capital Additions to the Leased Property. (a) If Provided that no Event of Default shall have occurred or and be continuing under this Lease or the Other Leasescontinuing, Lessee shall have the right, except as provided in Section 10.1(b) below, upon and subject to the terms and conditions set forth below, to construct or install Capital Additions on the Leased Property without with the prior written consent of Lessor, providednot to be unreasonably withheld, however, except as expressly provided in Section 10.2(d) hereof, conditioned or delayed. Lessee shall not be permitted to create any Encumbrance lien or encumbrance on the Leased Property, as defined in Article XXXVII, Property in connection with such Capital Addition. Prior to commencing construction of any Capital Addition, Lessee shall, at Lessee's Xxxxxx’s sole cost and expense expense, (i) submit to Lessor in writing for Lessor’s prior approval a proposal setting forth in reasonable detail any proposed Capital Addition, (ii) provide submit to Lessor for Lessor’s prior approval such plans and specifications, certificates of need need, and other approvals, permits, licenses, contracts and other information concerning the proposed Capital Addition as Lessor may reasonably request, and (iii) obtain all necessary certificates of need, state licensure surveys surveys, and all regulatory approvals of architectural plans. Without limiting the generality of the foregoing, such proposal shall indicate the approximate projected cost of constructing such Capital Addition, and together with the use or uses to which it will be put.