Common use of Encroachments, Restrictions, Etc Clause in Contracts

Encroachments, Restrictions, Etc. Except in the case of Permitted Encumbrances, if any of the Leased Improvements (other than as existing on the Commencement Date), at any time encroaches in a material adverse manner upon any property, street or right-of-way adjacent to any Leased Property, or materially violates the agreements or conditions contained in any lawful restrictive covenant or other agreement affecting any Leased Property or any part thereof, or materially impairs the rights of others under any easement or right-of-way to which any Leased Property is subject, then promptly upon the request of Landlord or at the behest of any person legitimately affected by any such encroachment, violation or impairment, Tenant shall, at its expense, either (a) obtain valid and effective waivers or settlements of all claims, liabilities and damages resulting from each such encroachment, violation or impairment, or (b) make such changes to the Leased Improvements, and take such other actions, as are reasonably practicable, to remove such encroachment, and to end such violation or impairment, including, if necessary, the alteration of any of the applicable 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 applicable Leased Property for the Primary Intended Use substantially in the manner and to the extent the applicable Leased Property was operated prior to the assertion of such violation, impairment or encroachment.

Encroachments, Restrictions, Etc. Except in the case of Permitted Encumbrances, if If Lessee shall cause or have caused any of the Leased Improvements (other than as existing on the Commencement Date), at any time encroaches in a material adverse manner to encroach upon any property, street or right-of-way adjacent to any the Leased Property, or materially violates to violate the agreements or conditions contained in any lawful restrictive covenant or other agreement affecting any the Leased Property Property, or any part thereof, or materially impairs shall impair the rights of others under any easement or right-of-way to which any the Leased Property is subject, then promptly upon the request of Landlord Lessor or at the behest of any person legitimately Person affected by any such encroachment, violation or impairment, Tenant Lessee 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 (ai) 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 Lessor or Lessee or (bii) make such changes to in the Leased Improvements, Improvements and take such other actions, actions as are reasonably practicable, shall be necessary to remove such encroachment, encroachment and to end such violation or impairment, including, if necessary, the alteration of any of the applicable Leased Improvements, and . Any such alteration shall be made in any event take all such actions as may be necessary in order to be able to continue conformity with the operation requirements of the applicable Leased Property for the Primary Intended Use substantially in the manner and to the extent the applicable Leased Property was operated prior to the assertion of such violation, impairment or encroachmentSection 10.1.

Encroachments, Restrictions, Etc. Except in the case of Permitted Encumbrances, if If any of the Leased Improvements (other than as existing on the Commencement Date)shall, at any time encroaches in a material adverse manner time, encroach upon any property, street or right-of-way adjacent to any the Leased Property, or materially violates shall violate the agreements or conditions contained in any lawful restrictive covenant or other agreement affecting any the Leased Property Property, or any part thereof, or materially impairs shall impair the rights of others under any easement or right-of-way to which any Leased Property is subject, then promptly upon the request of Landlord Lessor or at the behest of any person legitimately affected by any such encroachment, violation or impairment, Tenant Lessee shall, at its expense, subject to its right to contest the existence of any encroachment, violation or impairment as provided in Article XII and in such case, in the event of an adverse final determination, either (ai) 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 Lessor or Lessee or (bii) make such changes to in the Leased Improvements, and take such other actions, as are Lessee 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 applicable 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 applicable Leased Property Improvements for the Primary Intended Use substantially in the manner and to the extent the applicable Leased Property was Improvements were operated prior to the assertion of such violation, impairment or encroachment.

Encroachments, Restrictions, Etc. Except in the case of Permitted Encumbrances, if If any of the Leased Improvements (other than as existing on the Commencement Date)shall, at any time encroaches in a material adverse manner time, encroach upon any property, street or right-of-right of way adjoining or adjacent to any the Leased PropertyPremises, or materially violates shall violate the agreements or conditions contained in any lawful restrictive covenant or other agreement affecting any the Leased Property Premises, or any part thereof, or materially impairs the rights of others under shall hinder or obstruct any easement or right-of-way to which any the Leased Property is Premises are subject, or shall impair the rights of others under such easement or right-of-way, then promptly upon the request of the Landlord or at the behest of any person legitimately persons affected by any such encroachment, violation violation, hindrance, obstruction or impairment, Tenant shall, at its cost and expense, either (ai) obtain valid and effective waivers or settlements of all claims, liabilities and damages resulting from each such encroachment, violation violation, hindrance, obstruction or impairment, whether the same shall affect Landlord or Tenant, or (bii) make such changes to in the Leased Improvements, Improvements and take such other actions, actions as are reasonably practicable, shall be necessary to remove such encroachment, hindrances or obstructions and to end such violation violations or impairmentimpairments, including, if necessary, but only with Landlord's prior written consent, the alteration or removal of any of the applicable Leased Improvements. Any such alteration or removal consented to by Landlord shall be made by Tenant in accordance with the requirements of Section 9, and in any event take all such actions as may be necessary in order to be able to continue above. Tenant's obligations under this subsection 32(o) shall survive the operation expiration or sooner termination of the applicable Leased Property for the Primary Intended Use substantially in the manner and to the extent the applicable Leased Property was operated prior to the assertion of such violation, impairment or encroachmentthis Lease.

Encroachments, Restrictions, Etc. Except in the case of Permitted Encumbrances, if any of the Leased Improvements (other than as existing on the Commencement Date), at any time encroaches in a material adverse manner upon any property, street or right-of-way adjacent to any the Leased Property, or materially violates the agreements or conditions contained in any lawful restrictive covenant or other agreement affecting any the Leased Property or any part thereof, or materially impairs the rights of others under any easement or right-of-way to which any the Leased Property is subject, then promptly upon the request of Landlord or at the behest of any person legitimately affected by any such encroachment, violation or impairment, Tenant shall, at its expense, either (a) obtain valid and effective waivers or settlements of all claims, liabilities and damages resulting from each such encroachment, violation or impairment, or (b) make such changes to the Leased Improvements, and take such other actions, as are reasonably practicable, to remove such encroachment, and to end such violation or impairment, including, if necessary, the alteration of any of the applicable 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 applicable Leased Property for the Primary Intended Use substantially in the manner and to the extent the applicable Leased Property was operated prior to the assertion of such violation, impairment or encroachment.

Encroachments, Restrictions, Etc. Except in the case of Permitted Encumbrances, if If any of the Leased Improvements (other than as existing on the Commencement Date)shall, at any time encroaches in a material adverse manner during the Term hereof, encroach upon any property, street or right-of-right of way adjoining or adjacent to any the Leased PropertyPremises, or materially violates shall violate the agreements or conditions contained in any lawful restrictive covenant or other agreement affecting any the Leased Property Premises, or any part thereof, or materially impairs the rights of others under shall hinder or obstruct any easement or right-of-way to which any the Leased Property is Premises are subject, or shall impair the rights of others under such easement or right-of-way, then promptly upon the request of the Landlord or at the behest of any person legitimately persons affected by any such encroachment, violation violation, hindrance, obstruction or impairment, Tenant shall, at its cost and expense, either (ai) obtain valid and effective waivers or settlements of all claims, liabilities and damages resulting from each such encroachment, violation violation, hindrance, obstruction or impairment, whether the same shall affect Landlord or Tenant, or (bii) make such changes to in the Leased Improvements, Improvements and take such other actions, actions as are reasonably practicable, shall be necessary to remove such encroachmentencroachments, hindrances or obstructions and to end such violation violations or impairmentimpairments, including, if necessary, but only with Landlord's prior written consent, the alteration or removal of any of the applicable Leased Improvements. Any such alteration or removal consented to by Landlord shall be made by Tenant in accordance with the requirements of Section 9, and in any event take all such actions as may be necessary in order to be able to continue above. Tenant's obligations under this subsection 32(o) shall survive the operation expiration or sooner termination of the applicable Leased Property for the Primary Intended Use substantially in the manner and to the extent the applicable Leased Property was operated prior to the assertion of such violation, impairment or encroachmentthis Lease.

Encroachments, Restrictions, Etc. Except for the forced or required removal of the existing encroachment of the Highlands Facility in Louisville, KY onto the case right of Permitted Encumbrancesway of Xxxxxxx Avenue, if any of the Leased Improvements (other than as existing on the Commencement Date)shall, at any time encroaches in a material adverse manner time, encroach upon any property, street or right-of-way right‑of‑way adjacent to any the Leased Property, or materially violates shall violate the agreements or conditions contained in any lawful restrictive covenant or other agreement affecting any the Leased Property Property, or any part thereof, or materially impairs shall impair the rights of others under any easement or right-of-way right‑of‑way to which any Leased Property is subject, then promptly upon the request of Landlord or at the behest of any person legitimately 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 as provided in ARTICLE XII and in such case, in the event of an adverse final determination, either (ai) 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 (bii) make such changes to in the Leased Improvements, and take such other actions, as are 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 applicable 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 applicable Leased Property Improvements for the Primary Intended Use substantially in the manner and to the extent the applicable Leased Property was Improvements were operated prior to the assertion of such violation, impairment or encroachment.

Encroachments, Restrictions, Etc. Except in the case of Permitted Encumbrances, if If any of the Leased Improvements (other than as existing on the Commencement Date)shall, at any time encroaches in a material adverse manner time, encroach upon any property, street or right-of-way adjacent to any the Leased Property, or materially violates shall violate the agreements or conditions contained in any lawful restrictive covenant or other agreement affecting any the Leased Property Property, or any part thereof, or materially impairs shall impair the rights of others under any easement or right-of-way to which any the Leased Property is subject, then promptly upon the request of Landlord Lessor or at the behest of any person legitimately Person affected by any such encroachment, violation or impairment, Tenant Lessee 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 (ai) 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 Lessor or Lessee or (bii) make such changes to in the Leased Improvements, Improvements and take such other actions, actions as are reasonably practicable, shall be necessary to remove such encroachment, encroachment and to end such violation or impairment, including, if necessary, the alteration of any of the applicable Leased Improvements, and . Any such alteration shall be made in any event take all such actions as may be necessary in order to be able to continue conformity with the operation requirements of the applicable Leased Property for the Primary Intended Use substantially in the manner and to the extent the applicable Leased Property was operated prior to the assertion of such violation, impairment or encroachmentSection 10.1.

Encroachments, Restrictions, Etc. Except in the case of Permitted Encumbrances, if If any of the Leased Improvements (other than as existing on the Commencement Date)Improvements, at any time encroaches in a material adverse manner hereafter, materially encroach upon any property, street or right-of-way adjacent to any the Leased Property, or materially violates violate the agreements or conditions contained in any lawful restrictive covenant or other agreement affecting any the Leased Property Property, or any part thereof, or materially impairs impair the rights of others under any easement or right-of-way to which any the Leased Property is subject, then promptly upon the request of Landlord Lessor or at the behest of any person legitimately affected by any such encroachment, violation or impairment, Tenant Lessee shall notify Lessor and Lessor shall, at its Lessor's expense, either (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 Lessor or Lessee or (b) make such changes to in the Leased Improvements, and take such other actions, as are Lessor in the good faith exercise of its judgment deems reasonably practicable, practicable to remove such encroachment, and to end such violation or impairment, including, if necessary, the alteration of any of the applicable 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 applicable Leased Property Improvements for the Primary Intended Use substantially in the manner and to the extent the applicable Leased Property was Improvements were operated prior to the assertion of such violation, impairment or encroachment.. Any such alteration shall be made in conformity with the applicable requirements of Article X.

Encroachments, Restrictions, Etc. Except in the case of Permitted Encumbrances, if If any of the Leased Improvements (other than as existing on the Commencement Date)shall, at any time encroaches in a material adverse manner time, encroach upon any property, street or right-of-way adjacent to any a Leased Property, or materially violates shall violate the agreements or conditions contained in any lawful restrictive covenant or other agreement affecting any a Leased Property Property, other than one which is created or any part thereofconsented to by Lessor without Lessee's consent, or materially impairs shall impair the rights of others under any easement or right-of-way to which any a Leased Property is subject, other than one which is created or consented to by Lessor without Lessee's consent, then promptly upon the request of Landlord Lessor or at the behest request of any person legitimately affected by any such encroachment, violation or impairment, Tenant Lessee 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 (ai) 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 Lessor or Lessee; or (bii) make such changes to in the Leased Improvements, Improvements and take such other actions, actions as are reasonably practicable, shall be necessary to remove such encroachment, encroachment and to end such violation or impairment, including, if necessary, the alteration of any of the applicable Leased Improvements, and . Any such alteration shall be made in any event take all such actions as may be necessary in order to be able to continue conformity with the operation requirements of the applicable Leased Property for the Primary Intended Use substantially in the manner and to the extent the applicable Leased Property was operated prior to the assertion of such violation, impairment or encroachmentArticle XI.

Encroachments, Restrictions, Etc. Except in the case of Permitted Encumbrances, if If any of the Leased Improvements (other than as existing on the Commencement Date)shall, at any time encroaches in a material adverse manner time, encroach upon any property, street or right-of-right of way adjoining or adjacent to any the Leased PropertyPremises, or materially violates shall violate the agreements or conditions contained in any lawful restrictive covenant or other agreement affecting any the Leased Property Premises, or any part thereof, or materially impairs the rights of others under shall hinder or obstruct any easement or right-of-way to which any the Leased Property is Premises are subject, or shall impair the rights of others under such easement or right-of-way, then promptly upon the request of the Landlord or at the behest of any person legitimately persons affected by any such encroachment, violation violation, hindrance, obstruction or impairment, Tenant shall, at its cost and expense, either (ai) obtain valid and effective waivers or settlements of all claims, liabilities and damages resulting from each such encroachment, violation violation, hindrance, obstruction or impairment, whether the same shall affect Landlord or Tenant, or (bii) make such changes to in the Leased Improvements, Improvements and take such other actions, actions as are reasonably practicable, shall be necessary to remove such encroachmentencroachments, hindrances or obstructions and to end such violation violations or impairmentimpairments, including, if necessary, but only with Landlord's prior written consent, the alteration or removal of any of the applicable Leased Improvements. Any such alteration or removal consented to by Landlord shall be made by Tenant in accordance with the requirements of Section 9, and in any event take all such actions as may be necessary in order to be able to continue above. Tenant's obligations under this subsection 32(o) shall survive the operation expiration or sooner termination of the applicable Leased Property for the Primary Intended Use substantially in the manner and to the extent the applicable Leased Property was operated prior to the assertion of such violation, impairment or encroachmentthis Lease.

Encroachments, Restrictions, Etc. Except in the case of Permitted Encumbrances, if any of the Leased Improvements (other than as existing on the Commencement Date), at any time encroaches in a material adverse manner upon any property, street or right-of-way adjacent to any Leased Property, or materially violates the agreements or conditions contained in any lawful restrictive covenant or other agreement affecting any Leased Property or any part thereof, or materially impairs the rights of others under any easement or right-of-way to which any Leased Property is subject, then promptly upon the request of Landlord Lessor or at the behest of any person legitimately affected by any such encroachment, violation or impairment, Tenant Lessee shall, at its expense, either (ai) obtain valid and effective waivers or settlements of all claims, liabilities and damages resulting from each such encroachment, violation or impairment, or (bii) make such changes to the Leased Improvements, and take such other actions, as are reasonably practicable, to remove such encroachment, and to end such violation or impairment, including, if necessary, the alteration of any of the applicable 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 applicable Leased Property for the Primary Intended Use substantially in the manner and to the extent the applicable Leased Property was operated prior to the assertion of such violation, impairment or encroachment.

Encroachments, Restrictions, Etc. Except in the case of Permitted Encumbrances, if 9.2.1 If any of the Leased Improvements (other than as existing on the Commencement Date), shall at any time encroaches in a material adverse manner encroach upon any property, street or right-of-way adjacent to any Leased Propertya Facility, or materially violates shall violate the agreements or conditions contained in any lawful restrictive covenant or other agreement affecting any Leased Property Facility, or any part thereof, or materially impairs shall impair the rights of others under any easement or right-of-way to which any Leased Property Facility is subject, then promptly upon the request of Landlord Lessor or at the behest of any person legitimately Person affected by any such encroachment, violation or impairment, Tenant Lessees shall, at its their expense, subject to their right to contest the existence of any encroachment, violation or impairment as provided in Article XII and in such case, in the event of an adverse final determination, either (ai) 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 Lessor or Lessees or (bii) make such changes to in the Leased Improvements, and take such other actions, as are Lessees in the good faith exercise of their judgment deem reasonably practicable, to remove such encroachment, and to end such violation or impairment, including, if necessary, the alteration of any of the applicable 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 applicable Leased Property Improvements for the Primary Intended Use substantially in the manner and to the extent the applicable Leased Property was operated prior to the assertion of such violation, impairment or encroachment.extent

Encroachments, Restrictions, Etc. Except in the case of Permitted Encumbrances, if If Lessee hereafter shall cause any of the Leased Improvements (other than as existing on the Commencement Date), at any time encroaches in a material adverse manner to encroach upon any property, street or right-of-way adjacent to any the Leased Property, or materially violates to violate the agreements or conditions contained in any lawful restrictive covenant or other agreement affecting any the Leased Property Property, or any part thereof, or materially impairs shall impair the rights of others under any easement or right-of-way to which any the Leased Property is subject, then promptly upon the request of Landlord Lessor or at the behest of any person legitimately Person affected by any such encroachment, violation or impairment, Tenant Lessee 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 (ai) 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 Lessor or Lessee or (bii) make such changes to in the Leased Improvements, Improvements and take such other actions, actions as are reasonably practicable, shall be necessary to remove such encroachment, encroachment and to end such violation or impairment, including, if necessary, the alteration of any of the applicable Leased Improvements, and . Any such alteration shall be made in any event take all conformity with the requirements of Section 10.1. All such actions conditions existing as may be necessary in order to be able to continue the operation of the applicable Leased Property for the Primary Intended Use substantially in the manner Commencement Date shall be deemed permitted by both Lessor and to the extent the applicable Leased Property was operated prior to the assertion of such violation, impairment or encroachmentLessee.

Encroachments, Restrictions, Etc. Except in the case of Permitted Encumbrances, if If Lessee shall cause or have caused any of the Leased Improvements (other than as existing on the Commencement Date), at any time encroaches in a material adverse manner to encroach upon any property, street or right-of-way adjacent to any the Leased Property, or materially violates to violate the agreements or conditions contained in any lawful restrictive covenant or other agreement affecting any the Leased Property Property, or any part thereof, or materially impairs shall impair the rights of 244313 v6/SF 58$H06!.DOC 072098/1642 10. others under any easement or right-of-way to which any the Leased Property is subject, then promptly upon the request of Landlord Lessor or at the behest of any person legitimately Person affected by any such encroachment, violation or impairment, Tenant Lessee 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 (ai) 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 Lessor or Lessee or (bii) make such changes to in the Leased Improvements, Improvements and take such other actions, actions as are reasonably practicable, shall be necessary to remove such encroachment, encroachment and to end such violation or impairment, including, if necessary, the alteration of any of the applicable Leased Improvements, and . Any such alteration shall be made in any event take all such actions as may be necessary in order to be able to continue conformity with the operation requirements of the applicable Leased Property for the Primary Intended Use substantially in the manner and to the extent the applicable Leased Property was operated prior to the assertion of such violation, impairment or encroachmentSection 10.1.