Common use of ENCROACHMENTS AND RESTRICTIONS Clause in Contracts

ENCROACHMENTS AND RESTRICTIONS. If, as a result of action or inaction by or on behalf of Tenant, any of the Leased Improvements shall, at any time, encroach upon any property, street or right-of-way adjacent to the Leased Property, or shall violate the agreements or conditions contained in any lawful restrictive covenant or other agreement affecting the Leased Property, or any part thereof, or shall impair the rights of others under any easement or right-of-way to which the Leased Property is subject, then promptly upon the request of Landlord or at the behest of any person affected by any such encroachment, violation or impairment, Tenant shall, at its, expense, subject to its right to contest the existence of any encroachment, violation or impairment and in such case, in the event of an adverse final determination, either (i)obtain valid and effective waivers or settlements of all claims, liabilities and damages resulting from each such encroachment, violation or impairment, whether the same shall affect Landlord or Tenant or (ii)make such changes in the Leased Improvements, and take such other actions, as Tenant in the good faith exercise of its judgment deems reasonably practicable, to remove such encroachment, and to end such violation or impairment, including, if necessary, the alteration of any of the Leased Improvements, and in any event take all such actions as may be necessary in order to be able to continue the operation of the Leased Improvements for the Intended Use substantially in the manner and to the extent the Leased Improvements were operated prior to the assertion of such violation or encroachment. Any such alteration shall be made in conformity with the applicable requirements of Article X. Tenant's obligations under this Section 9.2 shall be in addition to and shall in no way discharge or diminish any obligation of any insurer under any policy of title or other insurance and Tenant shall be entitled to a credit for any sums recovered by Landlord under any such policy of title or other insurance.

ENCROACHMENTS AND RESTRICTIONS. If, as a result of action or inaction by or on behalf of Tenant, Tenant has reviewed and approved the Title Commitment and the Survey. If any of the Leased Improvements shall, shall at any time, encroach upon time during the Term violate any property, street agreement or right-of-way adjacent to the Leased Property, or shall violate the agreements or conditions condition contained in any lawful restrictive covenant covenant, condition, restriction, equitable servitude or other agreement affecting the Leased Property, all or any part thereofportion of the Property, or shall impair the rights of others under any easement or right-of-way to which burdening the Leased Property is subjectProperty, provided that such agreement, covenant, condition, restriction or easement has not been created by Landlord, then promptly upon the request of Landlord Landlord, or at the behest of any person affected by any such encroachment, violation or impairment, Tenant shall, at its, expense, subject to its right to contest the existence of any encroachment, violation or impairment and in such case, in the event of an adverse final determination, Tenant shall either (i)obtain a) obtain valid and effective waivers or settlements of all claims, liabilities and damages resulting from each such encroachment, violation or impairment, whether the same shall affect Landlord or Tenant Tenant, provided that Landlord shall consent to all such settlements or waivers or (ii)make b) make such changes in the Leased Improvements, Improvements and take such other actions, actions as Tenant in the reasonable and good faith exercise of its judgment deems reasonably practicable, practicable to remove such encroachment, encroachment and to end such violation or impairment, including, if necessary, the alteration of any of the Leased ImprovementsImprovements provided that Landlord shall consent to all such alterations and the changes are not the result of any condition created solely by Landlord. With respect to any encroachments identified on the ALTA surveys of the Property delivered by Tenant to Landlord pursuant to the Purchase Agreement, Landlord agrees that it shall not require Tenant to obtain a waiver of or otherwise correct any such encroachment unless and in until an affected third party notifies Landlord of its objection to any such encroachment. In any event Tenant shall, subject to Landlord's consent, take all such actions as may be necessary in order to be able to continue the operation of the Leased Improvements for the Primary Intended Use substantially in the manner and to the extent the Leased Improvements were operated prior to the assertion of such violation or encroachment. Any such alteration shall be made in conformity with the applicable requirements of Article X. Tenant's obligations under this Section 9.2 shall be in addition to and shall in no way discharge or diminish any obligation of any insurer under any policy of title or other insurance and Tenant shall be entitled to a credit for any sums recovered by Landlord under any such policy of title or other insuranceimpairment.

ENCROACHMENTS AND RESTRICTIONS. If, as a result of action or inaction by or on behalf of Tenant, If any of the Leased Improvements shall, shall at any time, encroach upon time during the Term violate any property, street agreement or right-of-way adjacent to the Leased Property, or shall violate the agreements or conditions condition contained in any lawful restrictive covenant covenant, condition, restriction, equitable servitude or other agreement affecting the Leased Property, all or any part thereofportion of the Property, or shall impair the rights of others under any easement or right-of-way to which burdening the Leased Property is subjectProperty, provided that such agreement , covenant, condition, restriction or easement has not been created by Landlord, then promptly upon the request of Landlord Landlord, or at the behest of any person affected by any such encroachment, violation or impairment, Tenant shall, at its, expense, subject to its right to contest the existence of any encroachment, violation or impairment and in such case, in the event of an adverse final determination, Tenant shall either (i)obtain a) obtain valid and effective waivers or settlements of all claims, liabilities and damages resulting from each such encroachment, violation or impairment, whether the same shall affect Landlord or Tenant Tenant, provided that Landlord shall consent to all such settlements or waivers or (ii)make b) make such changes in the Leased Improvements, Improvements and take such other actions, actions as Tenant in the reasonable and good faith exercise of its judgment deems reasonably practicable, practicable to remove such encroachment, encroachment and to end such violation or impairment, including, if necessary, the alteration of any of the Leased ImprovementsImprovements provided that Landlord shall consent to all such alterations and the changes are not the result of any condition created solely by Landlord. With respect to any encroachments identified on the ALTA surveys of the Property delivered by Tenant to Landlord pursuant to the Purchase Agreement, Landlord agrees that it shall not require Tenant to obtain a waiver of or otherwise correct any such encroachment unless and in until an affected third party notifies Landlord of its objection to any such encroachment. In any event Tenant shall, subject to Landlord's consent, take all such actions as may be necessary in order to be able to continue the operation of the Leased Improvements for the Primary Intended Use substantially in the manner and to the extent the Leased Improvements were operated prior to the assertion of such violation or encroachmentimpairment. Any Tenant shall not be responsible for any claims covered by Landlord's title insurance policy, and Landlord agrees that any proceeds recovered under such alteration title insurance policy shall be made in conformity with available to Tenant to remedy the applicable requirements of Article X. Tenant's obligations under this Section 9.2 shall be in addition to and shall in no way discharge claimed violation or diminish any obligation of any insurer under any policy of title or other insurance and Tenant shall be entitled to a credit for any sums recovered by Landlord under any such policy of title or other insurancerestriction.

ENCROACHMENTS AND RESTRICTIONS. If, as a result of action or inaction by or on behalf of Tenant, If any of the Leased Improvements shall, shall at any time, encroach upon time during the Term violate any property, street agreement or right-of-way adjacent to the Leased Property, or shall violate the agreements or conditions condition contained in any lawful restrictive covenant covenant, condition, restriction, equitable servitude or other agreement affecting the Leased Property, all or any part thereofportion of the Property, or shall impair the rights of others under any easement or right-of-way to which burdening the Leased Property is subjectProperty, provided that such agreement, covenant, condition, restriction or easement has not been created by Landlord, then promptly upon the request of Landlord Landlord, or at the behest of any person affected by any such encroachment, violation or impairment, Tenant shall, at its, expense, subject to its right to contest the existence of any encroachment, violation or impairment and in such case, in the event of an adverse final determination, Tenant shall either (i)obtain a) obtain valid and effective waivers or settlements of all claims, liabilities and damages resulting from each such encroachment, violation or impairment, whether the same shall affect Landlord or Tenant Tenant, provided that Landlord shall consent to all such settlements or waivers or (ii)make b) make such changes in the Leased Improvements, Improvements and take such other actions, actions as Tenant in the reasonable and good faith exercise of its judgment deems reasonably practicable, practicable to remove such encroachment, encroachment and to end such violation or impairment, including, if necessary, the alteration of any of the Leased Improvementsimprovements provided that Landlord shall consent to all such alterations and the changes are not the result of any condition created solely by Landlord. With respect to any encroachments identified on the ALTA surveys of the Property delivered by Paracelsus to Landlord's predecessor-in-interest pursuant to the Purcxxxx Xxxxxment, Landlord agrees that it shall not require Tenant to obtain a waiver of or otherwise correct any such encroachment unless and in until an affected third party notifies Landlord of its objection to any such encroachment. In any event Tenant shall, subject to Landlord's consent, take all such actions as may be necessary in order to be able to continue the operation of the Leased Improvements for the Primary Intended Use substantially in the manner and to the extent the Leased Improvements were operated prior to the assertion of such violation or encroachmentimpairment. Any Tenant shall not be responsible for any claims covered by Landlord's title insurance policy, and Landlord agrees that any proceeds recovered under such alteration title insurance policy shall be made in conformity with available to Tenant to remedy the applicable requirements of Article X. Tenant's obligations under this Section 9.2 shall be in addition to and shall in no way discharge claimed violation or diminish any obligation of any insurer under any policy of title or other insurance and Tenant shall be entitled to a credit for any sums recovered by Landlord under any such policy of title or other insurancerestriction.

ENCROACHMENTS AND RESTRICTIONS. If, as a result of action or inaction by or on behalf of Tenant, If any of the Leased Improvements shall, shall at any time, encroach upon time during the Term violate any property, street agreement or right-of-way adjacent to the Leased Property, or shall violate the agreements or conditions condition contained in any lawful restrictive covenant covenant, condition, restriction, equitable servitude or other agreement affecting the Leased Property, all or any part thereofportion of the Property, or shall impair the rights of others under any easement or right-of-way to which burdening the Leased Property is subjectProperty, provided that such agreement, covenant, condition, restriction or easement has not been created by Landlord, then promptly upon the request of Landlord Landlord, or at the behest of any person affected by any such encroachment, violation or impairment, Tenant shall, at its, expense, subject to its right to contest the existence of any encroachment, violation or impairment and in such case, in the event of an adverse final determination, Tenant shall either (i)obtain a) obtain valid and effective waivers or settlements of all claims, liabilities and damages resulting from each such encroachment, violation or impairment, whether the same shall affect Landlord or Tenant Tenant, provided that Landlord shall consent to all such settlements or waivers or (ii)make b) make such changes in the Leased Improvements, Improvements and take such other actions, actions as Tenant in the reasonable and good faith exercise of its judgment deems reasonably practicable, practicable to remove such encroachment, encroachment and to end such violation or impairment, including, if necessary, the alteration of any of the Leased ImprovementsImprovements provided that Landlord shall consent to all such alterations and the changes are not the result of any condition created solely by Landlord. With respect to any encroachments identified on the ALTA surveys of the Property delivered by Tenant to Landlord pursuant to the Purchase Agreement, Landlord agrees that it shall not require Tenant to obtain a waiver of or otherwise correct any such encroachment unless and in until an affected third party notifies Landlord of its objection to any such encroachment. In any event Tenant shall, subject to Landlord's consent, take all such actions as may be necessary in order to be able to continue the operation of the Leased Improvements for the Primary Intended Use substantially in the manner and to the extent the Leased Improvements were operated prior to the assertion of such violation or encroachmentimpairment. Any Tenant shall not be responsible for any claims covered by Landlord's title insurance policy, and Landlord agrees that any proceeds recovered under such alteration title insurance policy shall be made in conformity with available to Tenant to remedy the applicable requirements of Article X. Tenant's obligations under this Section 9.2 shall be in addition to and shall in no way discharge claimed violation or diminish any obligation of any insurer under any policy of title or other insurance and Tenant shall be entitled to a credit for any sums recovered by Landlord under any such policy of title or other insurancerestriction.

ENCROACHMENTS AND RESTRICTIONS. If, as a result of action or inaction by or on behalf of Tenant, If any of the Leased Improvements shall, shall at any time, encroach upon time during the Term violate any property, street agreement or right-of-way adjacent to the Leased Property, or shall violate the agreements or conditions condition contained in any lawful restrictive covenant covenant, condition, restriction, equitable servitude or other agreement affecting the Leased Property, all or any part thereofportion of the Property, or shall impair the rights of others under any easement or right-of-way to which burdening the Leased Property is subjectProperty, provided that such agreement, covenant, condition, restriction or easement has not been created by Landlord, then promptly upon the request of Landlord Landlord, or at the behest of any person affected by any such encroachment, violation or impairment, Tenant shall, at its, expense, subject to its right to contest the existence of any encroachment, violation or impairment and in such case, in the event of an adverse final determination, Tenant shall either (i)obtain a) obtain valid and effective waivers or settlements of all claims, liabilities and damages resulting from each such encroachment, violation or impairment, whether the same shall affect Landlord or Tenant Tenant, provided that Landlord shall consent to all such settlements or waivers or (ii)make b) make such changes in the Leased Improvements, Improvements and take such other actions, actions as Tenant in the reasonable and good faith exercise of its judgment deems reasonably practicable, practicable to remove such encroachment, encroachment and to end such violation or impairment, including, if necessary, the alteration of any of the Leased Improvements, and in any event take Improvements provided that Landlord shall consent to all such actions as may be necessary in order alterations and the changes are not the result of any condition created solely by Landlord. With respect to be able to continue any encroachments identified on the operation ALTA surveys of the Leased Improvements for the Intended Use substantially in the manner and Property delivered by Tenant to Landlord pursuant to the extent the Leased Improvements were operated prior to the assertion of such violation or encroachment. Any such alteration shall be made in conformity with the applicable requirements of Article X. Tenant's obligations under this Section 9.2 shall be in addition to and shall in no way discharge or diminish any obligation of any insurer under any policy of title or other insurance and Tenant shall be entitled to a credit for any sums recovered by Landlord under any such policy of title or other insurance.Purchase Agreement,

ENCROACHMENTS AND RESTRICTIONS. If, as a result of action or inaction by or on behalf of Tenant, If any of the Leased Improvements shall, shall at any time, encroach upon during the Term violate any property, street agreement or right-of-way adjacent to the Leased Property, or shall violate the agreements or conditions condition contained in any lawful restrictive covenant covenant, condition, restriction, equitable servitude or other agreement affecting the Leased Property, all or any part thereofportion of the Property, or shall impair the rights of others under any easement casement or right-of-way to which burdening the Leased Property is subjectProperty, provided that such agreement, covenant, condition, restriction or easement has not been created by Landlord, then promptly upon the request of Landlord Landlord, or at the behest of any person affected by any such encroachment, violation or impairment, Tenant shall, at its, expense, subject to its right to contest the existence of any encroachment, violation or impairment and in such case, in the event of an adverse final determination, Tenant shall either (i)obtain a) obtain valid and effective waivers or settlements of all claims, liabilities and damages resulting from each such encroachment, violation or impairment, whether the same shall affect Landlord or Tenant Tenant, provided that Landlord shall consent to all such settlements or waivers or (ii)make b) make such changes in the Leased Improvements, Improvements and take such other actions, actions as Tenant in the reasonable and good faith exercise of its judgment deems reasonably practicable, practicable to remove such encroachment, encroachment and to end such violation or impairment, including, if necessary, the alteration of any of the Leased ImprovementsImprovements provided that Landlord shall consent to all such alterations and the chances are not the result of any condition created solely by Landlord. With respect to any encroachments identified on the ALTA surveys of the Property delivered by Tenant to Landlord pursuant to the Purchase Agreement, Landlord agrees that it shall not require Tenant to obtain a waiver of or otherwise correct any such encroachment unless and in until an affected third party notifies Landlord of its objection to any such encroachment. In any event Tenant shall, subject to Landlord's consent, take all such actions as may be necessary in order to be able to continue the operation of the Leased Improvements for the Primary Intended Use substantially in the manner and to the extent the Leased Improvements were operated prior to the assertion of such violation or encroachmentimpairment. Any Tenant shall not be responsible for any claims covered by Landlord's title insurance policy, and Landlord agrees that any proceeds recovered under such alteration title insurance policy shall be made in conformity with available to Tenant to remedy the applicable requirements of Article X. Tenant's obligations under this Section 9.2 shall be in addition to and shall in no way discharge claimed violation or diminish any obligation of any insurer under any policy of title or other insurance and Tenant shall be entitled to a credit for any sums recovered by Landlord under any such policy of title or other insurancerestriction.