Common use of Encroachments, Restrictions, Etc Clause in Contracts

Encroachments, Restrictions, Etc. If any of the Leased Improvements shall, at any time, encroach upon any property, street or right-of- way adjacent to the affected Leased Property, or shall violate the agreements or conditions contained in any lawful restrictive covenant or other agreement affecting any of the Collective Leased Properties, or any part thereof, or shall impair the rights of others under any easement or right-of-way to which any of the Collective Leased Properties is subject, upon the request of Landlord (but only as to any encroachment, violation or impairment that is not a Permitted Encumbrance) or of any Person affected by any such encroachment, violation or impairment, Tenant shall, at its sole cost and expense, subject to its right to contest the existence of any encroachment, violation or impairment in accordance with the provisions of Article 8, 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 Landlord or Tenant, or (b) make such changes in 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 Leased Improvements and, in any event, take all such actions as may be necessary in order to ensure the continued operation of the affected Leased Improvements for their respective Primary Intended Use substantially in the manner and to the extent such Leased 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 this Article 5. Tenant's obligations under this Section 5.4 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.

Encroachments, Restrictions, Etc. If any of the Leased Improvements on the applicable Leased Property shall, at any time, encroach upon any property, street or right-of- of-way adjacent to the affected such Leased Property, or shall violate the agreements or conditions contained in any lawful restrictive covenant or other agreement affecting any of the Collective such Leased PropertiesProperty, or any part thereof, or shall impair the rights of others under any easement or right-of-way to which any of the Collective such Leased Properties Property is subject, upon the request of Landlord (but only as to any encroachment, violation or impairment that is not a Permitted Encumbrance) or of any Person affected by any such encroachment, violation or impairment, Tenant shall, at its sole cost and expense, subject to its right to contest the existence of any encroachment, violation or impairment in accordance with the provisions of Article 8, 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 Landlord or Tenant, or (b) make such changes in the Leased Improvements and take such other actions, as are reasonably 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 all such actions as may be necessary in order to ensure the continued operation of the affected Leased Improvements improvements for their respective the Primary Intended Use substantially in the manner and to the extent such the Leased 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 this Article 5. Tenant's obligations under this Section 5.4 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.

Encroachments, Restrictions, Etc. If If, as a result of any act or omission by Lessee, any of the Leased Improvements shallImprovements, at any time, materially encroach upon any property, street or right-of- of-way adjacent to the affected Leased Property, or shall violate the agreements or conditions contained in any lawful restrictive covenant or other agreement affecting any of the Collective Leased PropertiesProperty, or any part thereof, or shall impair the rights of others under any easement or right-of-way to which any the Leased Property is subject (each of the Collective Leased Properties is subjectforegoing conditions being referred to herein as an "Encroachment"), then promptly upon the request of Landlord (but only as to any encroachment, violation Lessor or impairment that is not a Permitted Encumbrance) or at the behest of any Person person affected by any such encroachment, violation or impairment, Tenant Lessee shall, at its sole cost and expense, subject to its right to contest the existence of any encroachment, violation or impairment and in accordance with such case, in the provisions event of Article 8an adverse final determination, 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 Landlord Lessor or Tenant, Lessee or (b) make such changes in the Leased Improvements Improvements, and take such other actions, as are Lessee in the good faith exercise of its judgment deems reasonably practicable to remove such encroachment encroachment, and to end such violation or impairment, including, if necessary, the alteration of any of the Leased Improvements andImprovements, and in any event, event take all such actions as may be necessary in order to ensure be able to continue the continued operation of the affected Leased Improvements for their respective the Primary Intended Use substantially in the manner and to the extent such of the Leased Improvements were operated prior to the assertion of such violation, impairment or encroachment. If any such alteration is required for any reason other than Lessee's willful misconduct or gross negligence, the cost of such alterations shall be treated as Capital Expenditures and be performed pursuant to Section 3.7. Any such alteration shall be made in conformity with the applicable requirements of this Article 5X. Nothing contained herein shall be construed as imposing on Lessee any liability for, or responsibility for remedying the effects of, any Encroachment occurring other than as a result of any willful misconduct or gross negligence of Lessee. TenantLessee's obligations under this Section 5.4 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 insuranceinsurance held Lessor.

Encroachments, Restrictions, Etc. If any of the Leased Improvements shall, at any time, encroach upon any property, street or right-of- of-way adjacent to the affected Leased Property, or shall violate the agreements or conditions contained in any lawful restrictive covenant or other agreement affecting any of the Collective Leased PropertiesProperty, or any part thereof, or shall impair the rights of others under any easement or right-of-way to which any of the Collective Leased Properties Property is subject, upon the request of Landlord (but only as to any encroachment, violation or impairment that is not a Permitted Encumbrance) or of any Person affected by any such encroachment, violation or impairment, Tenant shall, at its sole cost and expense, subject to its right to contest the existence of any encroachment, violation or impairment in accordance with the provisions of Article ARTICLE 8, 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 Landlord or Tenant, or (b) make such changes in the Leased Improvements and take such other actions, as are reasonably practicable necessary 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 ensure the continued operation of the affected Leased Improvements Facility for their respective the Primary Intended Use substantially in the manner and to the extent such Leased Improvements were Facility was operated prior to the assertion of such violation, impairment or encroachment. Any such alteration shall be made in conformity with the applicable requirements of this Article ARTICLE 5. Tenant's obligations under this Section SECTION 5.4 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.

Encroachments, Restrictions, Etc. If any of the Leased Improvements shallImprovements, at any time, materially encroach upon any property, street or right-of- of-way adjacent to the affected Leased Property, or shall violate the agreements or conditions contained in any lawful restrictive covenant or other agreement affecting any of the Collective Leased PropertiesProperty, or any part thereof, or shall impair the rights of others under any easement or right-of-way to which any of the Collective Leased Properties Property is subject, then promptly upon the request of Landlord (but only as to any encroachment, violation Operating Lessor or impairment that is not a Permitted Encumbrance) or at the behest of any Person affected by any such encroachment, violation or impairment, Tenant shallOperating Lessee shall cooperate with Operating Lessor, at its sole cost and Operating Lessor's expense, subject to its any title insurance insuring against such matter and any right to contest the existence of any encroachment, violation or impairment and, in accordance with such case, in the provisions event of Article 8an adverse final determination, 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 Landlord Operating Lessor or TenantOperating Lessee, or (b) make such changes in the Leased Improvements Improvements, and take such other actions, as are reasonably practicable to remove such encroachment encroachment, and to end such violation or impairment, including, if necessary, the alteration of any of the Leased Improvements andImprovements, and in any event, event take all such actions as may be necessary in order to ensure be able to continue the continued operation of the affected Leased Improvements for their respective the Primary Intended Use substantially in the manner and to the extent such the Leased Improvements were operated prior to the assertion of such violation, impairment or encroachment. Any such alteration alterations shall be made by Operating Lessee in conformity with the applicable requirements of this Article 5. Tenant's obligations under this Section 5.4 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 insurance8.