Common use of VISIBILITY AND ACCESS Clause in Contracts

VISIBILITY AND ACCESS. Lessor agrees that, except as set forth in the following sentence, during the Term, it will not construct or consent to the construction of any building, sign, tower or other structure or improvement, or plant any tree or other growing plant, or make any other change whatsoever in or on the Leased Premises, or add or change any restrictions or other rights, encumbrances (other than a mortgage and related loan documents in connection with Lessor's financing of the Leased Premises, with all obligations set forth in such mortgage and related loan documents being Lessor's only and not being assumed or otherwise passed through to Lessee) or appurtenances relating to the Leased Premises. In the event that Lessor violates the terms of this Article 37 and fails to cure such violation within thirty (30) days (or such longer period, not to exceed ninety [90] days, in the event such violation cannot be cured within the aforementioned 30-day period and Lessor commences such cure within the 30-day period and thereafter diligently pursues the same to completion) after its receipt of Lessee's written notice of such violation, in addition to all other available rights and remedies at law or in equity, including, without limitation, the right of Lessee to remove such item(s) at Lessor's cost, Lessee, at its option, may terminate this Lease upon written notice to the Lessor.