Granting of Easements; Certain Subleases and Licenses. Landlord shall not have the right (except as required by order of applicable Governmental Authority or to comply with the terms of Permitted Encumbrances in effect as of the Effective Date), without obtaining Tenant’s prior written consent, with respect to any of the Premises, to: (1) grant easements or CC&R’s, (2) release existing easements or CC&R’s that are for the benefit of any part of the Premises, (3) dedicate or transfer unimproved portions of the Premises for road, highway or other public purposes, (4) execute petitions to have any part of the Premises annexed to any municipal corporation or utility district, (5) execute amendments to any easements, covenants and restrictions affecting any part of the Premises, or (6) execute and deliver to any Person any instrument appropriate to confirm or effect such grants, releases, dedications and transfers (to the extent of its interests in the Premises). For the purpose of the foregoing, Tenant shall be deemed to have withheld its consent reasonably if Tenant determines, in Tenant’s reasonable judgment, that such action will result in more than an immaterial interference with Tenant’s conduct of business at the applicable Facility. Notwithstanding the foregoing, Landlord shall have the right, without obtaining Tenant’s consent, to take any of the actions described above in lieu of condemnation or other requirement imposed by a governmental authority having jurisdiction over the applicable Facility, provided that such action is not more burdensome to Tenant than such condemnation or other requirement. Any revenue derived from any easement or other instrument described in this Section 6.6 that is entered into in lieu of condemnation or other governmental requirement shall be allocated between Landlord and Tenant in proportion to the relative extent to which such easement or instrument affects the value of the fee interest versus the value of Tenant’s leasehold interest, as reasonably agreed to by Landlord and Tenant.
