Common use of Encroachments, Restrictions, Etc Clause in Contracts

Encroachments, Restrictions, Etc. If Lessee shall cause or have caused any of the Leased Improvements to encroach upon any property, street or right-of-way adjacent to the Leased Property, or to violate the agreements or conditions contained in any restrictive covenant or other agreement affecting the Leased Property, or any part thereof, or shall impair the rights of others under any easement or right-of-way to which the Leased Property is subject, then promptly upon the request of Lessor or at the behest of any Person affected by any such encroachment, violation or impairment, 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 (i) 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 (ii) make such changes in the Leased Improvements and take such other actions as shall be necessary to remove such encroachment and to end such violation or impairment, including, if necessary, the alteration of any of the Leased Improvements. Any such alteration shall be made in conformity with the requirements of Section 10.1.

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

Encroachments, Restrictions, Etc. If Lessee shall cause or have caused any of the Leased Improvements to shall, at any time during the Term hereof, encroach upon any property, street or right-of-right of way adjoining or adjacent to the Leased PropertyPremises, or to shall violate the agreements or conditions contained in any restrictive covenant or other agreement affecting the Leased PropertyPremises, or any part thereof, or shall impair the rights of others under hinder or obstruct any easement or right-of-way to which 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 Lessor or the Landlord at the behest of any Person persons affected by any such encroachment, violation violation, hindrance, obstruction or impairment, Lessee Tenant shall, at its cost and 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 (i) 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 Lessor Landlord or Lessee Tenant, or (ii) make such changes in the Leased Improvements and take such other actions as shall be necessary to remove such encroachment encroachments, 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 Leased Improvements. Any such alteration or removal consented to by Landlord shall be made by Tenant in conformity accordance with the requirements of Section 10.19, above. Tenant's obligations under this subsection 32(o) shall survive the expiration or sooner termination of this Lease.

Encroachments, Restrictions, Etc. If Lessee shall cause Except for the forced or have caused required removal of the existing encroachment of the Highlands Facility in Louisville, KY onto the right of way of ▇▇▇▇▇▇▇ Avenue, if any of the Leased Improvements to shall, at any time, encroach upon any property, street or right-of-way right‑of‑way adjacent to the Leased Property, or to shall violate the agreements or conditions contained in any lawful restrictive covenant or other agreement affecting the Leased Property, or any part thereof, or shall impair the rights of others under any easement or right-of-way right‑of‑way to which the any Leased Property is subject, then promptly upon the request of Lessor Landlord or at the behest of any Person person affected by any such encroachment, violation or impairment, Lessee 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 (i) 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 Landlord or Lessee Tenant or (ii) make such changes in the Leased Improvements Improvements, and take such other actions actions, as shall be necessary Tenant 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. Any , and in any event take all such alteration shall actions as may be made necessary in conformity with order to be able to continue the requirements operation of Section 10.1the Leased Improvements for the Primary Intended Use substantially in the manner and to the extent the Leased Improvements were operated prior to the assertion of such violation, impairment or encroachment.

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

Encroachments, Restrictions, Etc. If Lessee shall cause or have caused any of the Leased Improvements to encroach upon any property, street or right-of-way adjacent to the Leased Property, or to violate the agreements or conditions contained in any restrictive covenant or other agreement affecting the Leased Property, or any part thereof, or shall impair the rights of 244313 v6/SF 58$H06!.DOC 072098/1642 10. others under any easement or right-of-way to which the Leased Property is subject, then promptly upon the request of Lessor or at the behest of any Person affected by any such encroachment, violation or impairment, 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 (i) 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 (ii) make such changes in the Leased Improvements and take such other actions as shall be necessary to remove such encroachment and to end such violation or impairment, including, if necessary, the alteration of any of the Leased Improvements. Any such alteration shall be made in conformity with the requirements of Section 10.1.

Encroachments, Restrictions, Etc. If Lessee shall cause or have caused any of the Leased Improvements to Improvements, at any time hereafter, materially encroach upon any property, street or right-of-way adjacent to the Leased Property, or to violate the agreements or conditions contained in any lawful restrictive covenant or other agreement affecting the Leased Property, or any part thereof, or shall impair the rights of others under any easement or right-of-way to which the Leased Property is subject, then promptly upon the request of Lessor or at the behest of any Person person affected by any such encroachment, violation or impairment, Lessee shall notify Lessor and Lessor shall, at its Lessor's 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 (ia) 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 (iib) make such changes in the Leased Improvements Improvements, and take such other actions actions, as shall be necessary Lessor 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, and in any event take all such actions as may be necessary in order to be able to continue the operation of the Leased Improvements for the Primary Intended Use substantially in the manner and to the extent 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 Section 10.1.Article X.

Encroachments, Restrictions, Etc. If Lessee shall cause or have caused any of the Leased Improvements to shall, at any time, encroach upon any property, street or right-of-way adjacent to the Leased Property, or to shall violate the agreements or conditions contained in any restrictive covenant or other agreement affecting the Leased Property, or any part thereof, or shall impair the rights of others under any easement or right-of-way to which the Leased Property is subject, then promptly upon the request of Lessor or at the behest of any Person affected by any such encroachment, violation or impairment, 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 (i) 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 (ii) make such changes in the Leased Improvements and take such other actions as shall be necessary to remove such encroachment and to end such violation or impairment, including, if necessary, the alteration of any of the Leased Improvements. Any such alteration shall be made in conformity with the requirements of Section 10.1.

Encroachments, Restrictions, Etc. If Lessee shall cause or have caused Except in the case of Permitted Encumbrances, if any of the Leased Improvements to encroach (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 the any Leased Property, or to violate materially violates the agreements or conditions contained in any lawful restrictive covenant or other agreement affecting the any Leased Property, Property or any part thereof, or shall impair materially impairs the rights of others under any easement or right-of-way to which the any Leased Property is subject, then promptly upon the request of Lessor or at the behest of any Person person legitimately affected by any such encroachment, violation or impairment, 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 (i) 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 (ii) make such changes in to the Leased Improvements Improvements, and take such other actions actions, as shall be necessary are reasonably practicable, to remove such encroachment encroachment, and to end such violation or impairment, including, if necessary, the alteration of any of the applicable Leased Improvements. Any , and in any event take all such alteration shall actions as may be made necessary in conformity with order to be able to continue the requirements operation of Section 10.1the 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. If Lessee shall cause or have caused any of the Leased Improvements to shall, at any time, encroach upon any property, street or right-of-of- way adjacent to the affected Leased Property, or to shall violate the agreements or conditions contained in any lawful restrictive covenant or other agreement affecting any of the Collective Leased PropertyProperties, 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 Property Properties is subject, then promptly upon the request of Lessor Landlord (but only as to any encroachment, violation or at the behest impairment that is not a Permitted Encumbrance) or of any Person affected by any such encroachment, violation or impairment, Lessee Tenant shall, at its sole cost and expense, subject to its right to contest the existence of any encroachment, violation or impairment and in such case, in accordance with the event provisions of an adverse final determinationArticle 8, either (ia) 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 Landlord or Lessee Tenant, or (iib) make such changes in the Leased Improvements and take such other actions actions, as shall be necessary are reasonably practicable to remove such encroachment and to end such violation or impairment, including, if necessary, the alteration of any of the Leased ImprovementsImprovements 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 10.15.4 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 Lessee shall cause or have caused any of the Leased Improvements to shall, at any time, encroach upon any property, street or right-of-way adjacent to the affected Leased Property, or to shall violate the agreements or conditions contained in any lawful restrictive covenant or other agreement affecting any of the Collective Leased PropertyProperties, 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 Property Properties is subject, then promptly upon the request of Lessor Landlord (but only as to any encroachment, violation or at the behest impairment that is not a Permitted Encumbrance) or of any Person affected by any such encroachment, violation or impairment, Lessee Tenant shall, at its sole cost and expense, subject to its right to contest the existence of any encroachment, violation or impairment and in such case, in accordance with the event provisions of an adverse final determinationArticle 8, either (ia) 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 Landlord or Lessee Tenant, or (iib) make such changes in the Leased Improvements and take such other actions actions, as shall be necessary are reasonably practicable to remove such encroachment and to end such violation or impairment, including, if necessary, the alteration of any of the Leased ImprovementsImprovements 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 10.15.4 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 Lessee shall cause or have caused any of the Leased Improvements to Improvements, at any time, materially encroach upon any property, street or right-of-way adjacent to the Leased Property, or to violate the agreements or conditions contained in any lawful restrictive covenant or other agreement affecting the Leased Property, or any part thereof, or shall impair the rights of others under any easement or right-of-way to which the Leased Property is subject, then promptly upon the request of Operating Lessor or at the behest of any Person affected by any such encroachment, violation or impairment, Operating Lessee shallshall cooperate with Operating Lessor, at its 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 and, in such case, in the event of an adverse final determination, either (ia) 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 Operating Lessor or Lessee Operating Lessee, or (iib) make such changes in the Leased Improvements Improvements, and take such other actions actions, as shall be necessary 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 be able to continue the operation of the Leased Improvements for the Primary Intended Use substantially in the manner and to the extent 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 Section 10.1Article 8.

Encroachments, Restrictions, Etc. If Lessee shall cause or have caused any of the Leased Improvements to shall, at any time, encroach upon any property, street or right-of-right of way adjoining or adjacent to the Leased PropertyPremises, or to shall violate the agreements or conditions contained in any restrictive covenant or other agreement affecting the Leased PropertyPremises, or any part thereof, or shall impair the rights of others under hinder or obstruct any easement or right-of-way to which 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 Lessor or the Landlord at the behest of any Person persons affected by any such encroachment, violation violation, hindrance, obstruction or impairment, Lessee Tenant shall, at its cost and 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 (i) 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 Lessor Landlord or Lessee Tenant, or (ii) make such changes in the Leased Improvements and take such other actions as shall be necessary to remove such encroachment encroachments, 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 Leased Improvements. Any such alteration or removal consented to by Landlord shall be made by Tenant in conformity accordance with the requirements of Section 10.19, above. Tenant's obligations under this subsection 32(o) shall survive the expiration or sooner termination of this Lease.

Encroachments, Restrictions, Etc. If Lessee hereafter shall cause or have caused any of the Leased Improvements to encroach upon any property, street or right-of-way adjacent to the Leased Property, or to violate the agreements or conditions contained in any restrictive covenant or other agreement affecting the Leased Property, or any part thereof, or shall impair the rights of others under any easement or right-of-way to which the Leased Property is subject, then promptly upon the request of Lessor or at the behest of any Person affected by any such encroachment, violation or impairment, 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 (i) 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 (ii) make such changes in the Leased Improvements and take such other actions as shall be necessary to remove such encroachment and to end such violation or impairment, including, if necessary, the alteration of any of the Leased Improvements. Any such alteration shall be made in conformity with the requirements of Section 10.1. All such conditions existing as of the Commencement Date shall be deemed permitted by both Lessor and Lessee.

Encroachments, Restrictions, Etc. If Lessee shall cause or have caused any of the Leased Improvements to Improvements, at any time, materially encroach upon any property, street or right-of-way adjacent to the Leased Property, or to violate the agreements or conditions contained in any lawful restrictive covenant or other agreement affecting the Leased Property, or any part thereof, or shall impair the rights of others under any easement or right-of-way to which the Leased Property is subject, then promptly upon the request of Lessor or at the behest of any Person person affected by any such encroachment, violation or impairment, Lessee shall, at its expense, subject to its right to contest the existence of any encroachment, violation or impairment and and, in such case, in the event of an adverse final determination, either (ia) 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 (iib) make such changes in the Leased Improvements Improvements, and take such other actions actions, as shall be necessary 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, and in any event take all such actions as may be necessary in order to be able to continue the operation of the Leased Improvements for the Primary Intended Use substantially in the manner and to the extent 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 Section 10.1.of