Common use of Optional Alterations Clause in Contracts

Optional Alterations. (i) The Lessee, at its sole cost and expense, may from time to time make such Alterations to the Facility as the Lessee may deem desirable in the proper conduct of its business and which are not inconsistent with, and would not impair, the continuing operation of the Facility in accordance with its original functional purpose; PROVIDED, that any such Alteration made by the Lessee pursuant to this paragraph shall not diminish the value, utility, condition or remaining economic useful life and estimated residual value of the Facility to the Owner-Trustee below the value, utility, condition, remaining economic useful life and estimated residual value thereof to the Owner-Trustee immediately prior to such Alteration assuming that the Facility was then in the condition required to be maintained by the terms of this Lease. At the Owner-Trustee's request, the Lessee will remove any readily removable Alterations under this paragraph prior to the end of the Term at the Lessee's sole cost and expense. (ii) The Lessee, at its own expense shall have the right to erect, alter or abandon structures, improvements, personal property, ramps, ditches, roadways, drainage and sanitary systems, supply lines for materials and utilities on the Site Lease Property, to grant licenses, rights, and easements respecting the same and otherwise to affect the Site Lease Property in any manner which the Lessee shall deem necessary or advisable for the operation of the Facility or the Site Lease Property as originally erected or from time to time altered by the Lessee; PROVIDED that there shall be no interference with or impairment of the operation of the Leased Property and no adverse effect on the current or residual value, useful life or utility of the Leased Property resulting therefrom, and that all such licenses, rights and easements granted pursuant to this sentence shall be subject and subordinate to this Lease and the Site Lease. Provided that the foregoing conditions have been met and subject to all other provisions of this Lease, including, without limitation, maintenance requirements, the Owner-Trustee agrees to accept such structures, improvements, personal property, ramps, ditches, roadways, drainage and sanitary systems, supply lines for materials and utilities thereon, in an "as-is" condition at the time the Lessee's rights under this Lease of possession and use of the Facility and the Site shall cease.

Optional Alterations. (i) The Lessee, at its sole cost and expense, may from time to time make such Alterations to the Facility as the Lessee may deem desirable in the proper conduct of its business and which are not inconsistent with, and would not impair, the continuing operation of the Facility in accordance with its original functional purpose; PROVIDEDprovided, that any such Alteration made by the Lessee pursuant to this paragraph shall not diminish the value, utility, condition or remaining economic useful life and estimated residual value of the Facility to the Owner-Owner Trustee below the value, utility, condition, remaining economic useful life and estimated residual value thereof to the Owner-Owner Trustee immediately prior to such Alteration assuming that the Facility was then in the condition required to be maintained by the terms of this Lease. At Unless the Owner-Lessee has exercised its option to purchase the Facility pursuant to Section 19 of this Lease and has paid all amounts due and owing under this Lease or any of the other Operative Agreements, at the Owner Trustee's request, the Lessee will remove any readily removable Alterations under this paragraph prior to the end of the Term at the Lessee's sole cost and expense. (ii) The Lessee, at its own expense expense, shall have the right to erect, alter or abandon structures, improvements, personal property, ramps, ditches, roadways, drainage and sanitary systems, supply lines for materials and utilities on the Site Lease Property, to grant licenses, rights, and easements respecting the same and otherwise to affect the Site Lease Property in any manner which the Lessee shall deem necessary or advisable for the operation of the Facility or the Site Lease Property as originally erected or from time to time altered by the Lessee; PROVIDED provided that there shall be no material interference with or impairment of the operation of the Leased Property and no adverse effect on the current or residual value, useful life or utility of the Leased Property resulting therefrom, and that all such licenses, rights and easements granted pursuant to this sentence shall be subject and subordinate to this Lease and the Site Lease. Provided that the foregoing conditions have been met and subject to all other provisions of this Lease, including, without limitation, maintenance requirements, the Owner-Owner Trustee agrees to accept such structures, improvements, personal property, ramps, ditches, roadways, drainage and sanitary systems, supply lines for materials and utilities thereon, in an "as-is" condition at the time the Lessee's rights under this Lease of possession and use of the Facility and the Site shall cease.

Optional Alterations. (i) The Lessee, at its sole cost and expense, Lessee may from time to time make such Severable and Nonseverable Alterations to the Facility Transmission System which are not Required Alterations (all such Alterations being herein referred to as OPTIONAL ALTERATIONS) as the Lessee Lessee, in its sole discretion, may deem desirable in the proper conduct of its business and which are not inconsistent with, and would not impair, the continuing operation of the Facility in accordance with its original functional purposebusiness; PROVIDED, HOWEVER, that any such no Optional Alteration made by the Lessee pursuant to this paragraph shall not diminish the value, utility, utility or condition or remaining economic useful life and estimated residual value of the Facility to the Owner-Trustee Transmission System below the value, utility, condition, remaining economic useful life utility and estimated residual value condition thereof to the Owner-Trustee immediately prior to such Alteration Optional Alteration, assuming that the Facility Transmission System was then in at least the condition and repair required to be maintained by the terms of this Lease. At If at any time the Owner-Trustee's requestLessee shall propose to incorporate in the Transmission System any Nonseverable Optional Alteration with a cost in excess of $2,000,000, the Lessee will remove any readily removable Alterations under this paragraph prior give to the end of the Term at Lessor 30 days' prior written notice thereof, including the Lessee's sole proposal for the financing of the cost and expense. (ii) The Lesseeof the Lessor's Undivided Interest therein. Such alteration shall be subject to the Lessor's consent; PROVIDED, at HOWEVER, that if the Lessor shall not have objected to the incorporation of such proposed Nonseverable Optional Alteration in the Transmission System within such 30-day period, the Lessor will be deemed to have consented thereto. In such connection, the Lessor acknowledges that its own expense shall have interest in the right Transmission System is only with respect to erectits Undivided Interest and, alter or abandon structurestherefore, improvements, personal property, ramps, ditches, roadways, drainage and sanitary systems, supply lines for materials and utilities on the Site Lease Property, to grant licenses, rights, and easements respecting the same and otherwise to affect the Site Lease Property in any manner which that the Lessee shall deem necessary or advisable for be required to take into account the operation rights and interests of all other Persons having an undivided interest in the Facility or the Site Lease Property as originally erected or from time to time altered by the Lessee; PROVIDED that there Transmission System, including any undivided interest in such proposed Nonseverable Optional Alteration. All Optional Alterations shall be no interference completed in a good and workmanlike manner, with or impairment of the operation of the Leased Property and no adverse effect on the current or residual value, useful life or utility of the Leased Property resulting therefrom, and that all such licenses, rights and easements granted pursuant to this sentence shall be subject and subordinate to this Lease and the Site Lease. Provided that the foregoing conditions have been met and subject to all other provisions of this Lease, including, without limitation, maintenance requirements, the Owner-Trustee agrees to accept such structures, improvements, personal property, ramps, ditches, roadways, drainage and sanitary systems, supply lines for materials and utilities thereon, in an "as-is" condition at the time the Lessee's rights under this Lease of possession and use of the Facility and the Site shall ceasereasonable dispatch.