Common use of Modifications, Substitutions and Replacements Clause in Contracts

Modifications, Substitutions and Replacements. During the Lease Term, the Lessee, at its sole cost and expense, may at any time and from time to time make alterations, renovations, improvements and additions to the Property or any part thereof and substitutions and replacements therefor (collectively, "Modifications"); provided, however, that: (i) except for any Modification required to be made pursuant to a Requirement of Law (a "Required Modification"), no Modification shall adversely affect the Fair Market Sales Value of the Property below the Lease Balance following the completion of such Modification; (ii) such Modifications shall be (and shall be done in a manner) consistent with the Plans and Specifications for the Property; (iii) such Modifications shall comply with Sections 8.3 and 9.1(a); and (iv) the Lessee shall have provided notice to the Lessor of any structural Modification the cost of which exceeds 10% of the Lease Balance. .1). All Modifications shall remain part of the realty and shall be subject to this Master Lease; provided, however, that Modifications that (x) are not Required Modifications, (y) were not financed by the Lessor and (z) can be removed without causing Material damage to or diminution in the Fair Market Sales Value of the Property below the Lease Balance shall be the property of the Lessee or other third party and may be removed by Lessee during the Lease Term and up to 30 days following the expiration or earlier termination thereof and shall not be subject to this Master Lease. The Lessee may place upon the Property any trade fixtures, machinery, equipment, inventory or other property belonging to the Lessee or third parties and may remove the same, subject, however, to the terms of Section 9.1(a); provided, however, that such trade fixtures, machinery, equipment, inventory or other property can be removed without causing material damage to or diminution in the Fair Market Sales Value of the Property below the Lease Balance; provided, further, however, that the Lessee shall keep and maintain at the Property and shall not remove from the Property any Equipment financed or otherwise paid for by the Lessor pursuant to the Participation Agreement.

Modifications, Substitutions and Replacements. During the Lease Term, the The Lessee, at its sole cost and expense, may at any time and from time to time make alterations, renovations, improvements and additions to the Property or any part thereof and substitutions and replacements therefor (collectively, "Modifications"); provided, however, that: : (i) except for any Modification required to be made pursuant to a Requirement of Law (a "Required Modification"), no Modification shall adversely affect impair the Fair Market Sales Value value, utility or useful life of the Property below the Lease Balance following the completion of or any part thereof from that which existed immediately prior to such Modification; ; (ii) such Modifications shall be (and the Modification shall be done expeditiously and in a good and workmanlike manner) consistent with the Plans and Specifications for the Property; ; (iii) the Lessee shall comply with all Requirements of Law (including all Environmental Laws) and Insurance Requirements applicable to the Modification, including the obtaining of all permits and certificates of occupancy, and the structural integrity of the Property shall not be materially adversely affected; (iv) subject to the terms of Article XVI relating to permitted contests, the Lessee shall pay all costs and expenses and shall discharge (or cause to be insured or bonded over) within sixty (60) days after the same shall be filed (or otherwise become effective) any Liens arising with respect to the Modification; and (v) such Modifications shall comply with Sections 8.3 12.3 and 9.1(a); and13.1 (iv) the Lessee shall have provided notice to the Lessor of any structural Modification the cost of which exceeds 10% of the Lease Balance. .1a). All Modifications shall remain part of the realty Property and shall be subject to this Master LeaseLease and title thereto shall immediately vest in the Lessor; provided, however, that the Modifications that meet each of the following conditions shall not be subject to this Lease: (x) such Modifications are not Required Modifications, (y) such Modifications were not financed by the Lessor and (z) can be removed such Modifications are readily removable without causing Material damage to impairing the value, utility or diminution in the Fair Market Sales Value remaining useful life of the Property below the Lease Balance shall be the property of the Lessee or other third party and may be removed by Lessee during the Lease Term and up to 30 days following the expiration or earlier termination thereof and shall not be subject to this Master LeaseProperty. The Lessee may place upon the Property any trade fixtures, machinery, equipment, inventory equipment or other property belonging to the Lessee or third parties and may remove the samesame at any time during the Term, subject, however, to the terms of Section 9.1(a13.1(a), and Lessor hereby waives any liens, to which it may be entitled pursuant to any statutory or common law, in such trade fixtures, machinery, equipment or other property; provided, however, provided that such trade fixtures, machinery, equipment, inventory equipment or other property can be removed without causing material damage to do not Materially impair the value, utility or diminution in the Fair Market Sales Value remaining useful life of the Property below the Lease BalanceProperty; provided, further, however, that the Lessee shall keep and maintain at the Property and shall not not, without the Lessor's prior consent, remove from the Property any Equipment financed or otherwise paid for (directly or indirectly) by the Lessor pursuant to this Lease. Notwithstanding the Participation Agreementforgoing, the Lessee shall comply with all provisions of the ▇▇▇▇▇▇ Loan Documents and the Ground Lease with respect to Modifications as if the Lessee were the Borrower thereunder, and to the extent the provisions hereof are inconsistent with same, the provisions of the ▇▇▇▇▇▇ Loan Documents and the Ground Lease shall control.

Modifications, Substitutions and Replacements. During the Lease Basic Term, the Lessee, at its sole cost and expense, may at any time and from time to time make alterations, renovations, improvements and additions to the any Property or any part thereof and substitutions and replacements therefor (collectively, "“Modifications"”); provided, however, that: (ia) except for any Modification required to be made pursuant to a Requirement of any Applicable Law or Insurance Requirements (a "“Required Modification"”), no Modification shall adversely affect cause the Fair Market Sales Value of the Property below the Lease Balance following such Property, determined as a whole after the completion of such ModificationModifications, to be below the then current Lease Balance for such Property; (iib) such Modifications shall be (and shall be done in a manner) consistent in all respects with the Plans and Specifications for the applicable Property; (iiic) such Modifications shall comply with Sections 8.3 Articles VIII and 9.1(a)IX.; and (ivd) promptly after the completion of any Modification which cost in excess of $2,500,000 to complete, the Lessee shall have provided give written notice thereof, together with a description of the Modification, to the Lessor of any structural Modification and the cost of which exceeds 10% of the Lease Balance. .1)Administrative Agent. All Modifications shall remain part of the realty applicable Property and title thereto shall be subject to this Master Leaseimmediately vest in the Lessor; provided, however, that Modifications that (x) are not Required Modifications, (y) were not financed by the Lessor Participants and (z) can be removed without causing Material (A) material damage to the Property, or (B) cause a diminution in the Fair Market Sales Value of such Property determined as a whole after the Property completion of such Modifications, below the then current Lease Balance for such Property shall be the property of the Lessee Lessee, any sublessee, or other third party and may be removed by Lessee the Lessee, any sublessee, or third party during the Lease Basic Term and up to 30 thirty (30) days following after the expiration or earlier termination thereof of this Lease and shall not be subject to this Master Lease. The Lessee may place upon the each Property any trade fixtures, machinery, equipment, inventory or other property belonging to the Lessee Lessee, such sublessees or third parties and may remove the same, subject, however, same subject to the terms limitation of Section 9.1(a); provided, however, that such trade fixtures, machinery, equipment, inventory or other property can be removed without causing material damage to or diminution in the Fair Market Sales Value of the Property below the Lease Balance11.2; provided, further, however, that the Lessee shall keep and maintain at the Property and shall not remove from the Property any Equipment equipment or parts financed or otherwise paid for by the Lessor Participants pursuant to the Participation Agreement.

Modifications, Substitutions and Replacements. During the Lease Term, the The Lessee, at its sole --------------------------------------------- cost and expense, may at any time and from time to time make alterations, renovations, improvements and additions to the Property or any part thereof and substitutions and replacements therefor (collectively, "Modifications"); ------------- provided, however, that: : (i) except for any Modification required to be made -------- ------- pursuant to a Requirement of Law Law, (a "Required Modification"), no Modification --------------------- shall adversely affect impair the Fair Market Sales Value value, utility or useful life of the Property below the Lease Balance following the completion of or any part thereof from that which existed immediately prior to such Modification; ; (ii) such Modifications shall be (and the Modification shall be done expeditiously and in a good and workmanlike manner) consistent with the Plans and Specifications for the Property; , (iii) the Lessee shall comply with all Requirements of Law (including all Environmental Laws) and Insurance Requirements applicable to the Modification, including the obtaining of all permits and certificates of occupancy, and the structural integrity of the Property shall not be materially adversely affected; (iv) subject to the terms of Article XVI relating to permitted contests, the ----------- Lessee shall pay all costs and expenses and shall discharge (or cause to be insured or bonded over) within sixty (60) days after the same shall be filed (or otherwise become effective) any Liens arising with respect to the Modification; and (v) such Modifications shall comply with Sections 8.3 12.3 and 9.1(a); and (iv) the Lessee shall have provided notice to the Lessor of any structural Modification the cost of which exceeds 10% of the Lease Balance. .113.1(a). All ------------- ------- Modifications shall remain part of the realty and shall be subject to this Master LeaseLease and title thereto shall immediately vest in the Lessor; provided, however, that -------- ------- Modifications that meet each of the following conditions shall not be subject to this Lease: (x) such Modifications are not Required Modifications, (y) such Modifications were not financed by the Lessor and (z) can be removed such Modifications are readily removable without causing Material damage to impairing the value, utility or diminution in the Fair Market Sales Value remaining useful life of the Property below the Lease Balance shall be the property of the Lessee or other third party and may be removed by Lessee during the Lease Term and up to 30 days following the expiration or earlier termination thereof and shall not be subject to this Master LeaseProperty. The Lessee may place upon the Property any trade fixtures, machinery, equipment, inventory equipment or other property belonging to the Lessee or third parties and may remove the samesame at any time during the Term, subject, however, to the terms of Section 9.1(a); provided13.1(a) and Lessor hereby waives any liens, howeverto which it may be --------------- entitled pursuant to any statutory or common law, that in such trade fixtures, machinery, equipmentequipment or other property; provided that such trade fixtures, inventory -------- machinery, equipment or other property can be removed without causing material damage to do not Materially impair the value, utility or diminution in the Fair Market Sales Value remaining useful life of the Property below the Lease BalanceProperty; provided, further, however, that the -------- ------- Lessee shall keep and maintain at the Property and shall not not, without the Lessor's prior consent, remove from the Property any and Equipment financed or otherwise paid for (directly or indirectly) by the Lessor pursuant to this Lease. Notwithstanding the Participation Agreementforegoing, the Lessee shall comply with all provisions of the Loan Documents with respect to Modifications as if the Lessee were the Borrower thereunder, and to the extent the provisions hereof are inconsistent with same, the provisions of the Loan Documents shall control.

Modifications, Substitutions and Replacements. During the Lease Term, the Lessee, at its sole cost and expense, may at any time and from time to time make alterations, renovations, improvements and additions to the any Property or any part thereof and substitutions and replacements therefor (collectively, "Modifications"); provided, however, that: (i) except for any Modification required to be made pursuant to a Requirement of Law or Property Legal Requirement (a "Required Modification"), no Modification shall adversely affect the Fair Market Sales Value value or useful life of the such Property below the Lease Balance following the completion of or any part thereof from that which existed immediately prior to such Modification; (ii) such Modifications shall be (and the Modification shall be done in a good and workmanlike manner) consistent with the Plans and Specifications for the Property; (iii) the Lessee shall comply in all material respects with all Requirements of Law (including all Hazardous Materials Laws), Property Legal Requirements and Insurance Requirements applicable to the Modification, including the obtaining of all permits and certificates of occupancy; (iv) subject to the terms of Article XII relating to permitted contests, the Lessee shall pay all costs and expenses and shall discharge (or cause to be insured or bonded over) within sixty (60) days after the same shall be filed (or otherwise become effective) any Liens arising with respect to the Modification; (v) such Modifications shall comply with Sections 8.3 and 9.1(a); and (ivvi) the Lessee shall be required to obtain the prior written approval of the Lessor, which approval shall not be unreasonably withheld, and which shall be deemed to have provided notice been given if no response from the Lessor to the Lessor request for consent is received by the Lessee within ten (10) days of the date of such request, with respect to any alterations that shall Materially affect any structural element of any structural Modification the cost of which exceeds 10% of the Lease Balance. .1)Improvements. All Modifications shall remain part of the realty and shall be subject to this Master LeaseLease and title thereto shall immediately vest in the Lessor; provided, however, that Modifications that (x) are not Required Modifications, (y) were not financed by the Lessor and (z) can be removed without causing Material damage to or diminution in the Fair Market Sales Value of the Property below the Lease Balance shall be the property of the Lessee or other third party and may be removed by Lessee during the Lease Term and up to 30 days following the expiration or earlier termination thereof and shall not be subject to this Master Lease. The Lessee may place upon the Property any trade fixtures, machinery, equipment, inventory or other property belonging to the Lessee or third parties and may remove the same, subject, however, to the terms of Section 9.1(a); provided, however, that such trade fixtures, machinery, equipment, inventory or other property can be removed without causing material damage to or diminution in the Fair Market Sales Value of the Property below the Lease Balance; provided, further, however, that the Lessee shall keep and maintain at the Property and shall not remove from the Property any Equipment financed or otherwise paid for by the Lessor pursuant to the Participation Agreement.MASTER LEASE

Modifications, Substitutions and Replacements. During the Lease Term, the (a) The Lessee, at --------------------------------------------- its sole cost and expense, may at any time and from time to time make alterations, renovations, improvements and additions to the Property or any part thereof and substitutions and replacements therefor (collectively, "Modifications"); provided, however, provided that: : (i) except for no Modification shall Materially impair the -------------- -------- value, utility or useful life of the Property or any part thereof from that which existed immediately prior to such Modification; (ii) the Modification shall be done expeditiously and in a good and workmanlike manner; (iii) the Lessee shall comply with all Requirements of Law (including all Environmental Laws) and comply with all Insurance Requirements applicable to the Modification, including the obtaining of all permits and certificates of occupancy, and the structural integrity of the Property shall not be adversely affected; (iv) subject to the terms of Article XIII relating to permitted contests, the Lessee ------------ shall pay all costs and expenses and shall discharge (or cause to be insured or bonded over) within sixty (60) days after the same shall be filed (or otherwise become effective) any Liens arising with respect to the Modification; and (v) such Modifications shall comply with Sections 8.2 and 10. 1. All Modifications ------------ ---- (other than those that both are not Modifications required to be made pursuant to a Requirement of Law or an Insurance Requirement (a "Required Modification")) --------------------- and are readily removable without impairing the value, no Modification shall adversely affect the Fair Market Sales Value utility or remaining useful life of the Property below the Lease Balance following the completion of such Modification; (iiProperty) such Modifications shall be (and shall be done in a manner) consistent with the Plans and Specifications for the Property; (iii) such Modifications shall comply with Sections 8.3 and 9.1(a); and (iv) the Lessee shall have provided notice to the Lessor of any structural Modification the cost of which exceeds 10% of the Lease Balance. .1). All Modifications shall remain part of the realty and shall be subject to this Master Lease; provided, however, that Modifications that (x) are not Required Modifications, (y) were not financed by the Lessor and (z) can be removed without causing Material damage to or diminution title thereto shall immediately vest in the Fair Market Sales Value Lessor. So long as no Lease Event of Default has occurred and is continuing, the Property below the Lease Balance shall be the property of the Lessee or other third party and may be removed by Lessee during the Lease Term and up to 30 days following the expiration or earlier termination thereof and shall not be subject to this Master Lease. The Lessee may place upon the Property any trade fixtures, machinery, equipment, inventory equipment or other property belonging to the Lessee or third parties and may remove the samesame at any time during the Term, subject, however, to the terms of Section 9.1(a10.1(a); provided, however, --------------- provided that such trade fixtures, machinery, equipment, inventory equipment or other property can be removed without causing material damage to do not -------- impair the value, utility or diminution in the Fair Market Sales Value remaining useful life of the Property below the Lease BalanceProperty; provided, -------- further, however, that the Lessee shall keep and maintain at the Property and shall not ------- remove from the Property any Equipment financed or otherwise paid for by Equipment. (b) The Lessee shall deliver to the Lessor pursuant and the Agent a brief written narrative of the work to be done in connection with any Modification to the Participation AgreementProperty the cost of which is anticipated to exceed $500,000 in the aggregate.

Modifications, Substitutions and Replacements. During the Lease Term, the The Lessee, at its sole cost and expense, may at any time and from time to time make alterations, renovations, improvements and additions to the Property or any part thereof and substitutions and replacements therefor (collectively, "Modifications"); provided, however, that: : (i) except for any Modification required to be made pursuant to a Requirement of Law (a "Required Modification"), no Modification shall adversely affect impair the Fair Market Sales Value value, utility or useful life of the Property below the Lease Balance following the completion of or any part thereof from that which existed immediately prior to such Modification; ; (ii) such Modifications shall be (and the Modification shall be done expeditiously and in a good and workmanlike manner) consistent with the Plans and Specifications for the Property; ; (iii) the Lessee shall comply with all Requirements of Law (including all Environmental Laws) and Insurance Requirements applicable to the Modification, including the obtaining of all permits and certificates of occupancy, and the structural integrity of the Property shall not be materially adversely affected; (iv) subject to the terms of Article XVI relating to permitted contests, the Lessee shall pay all costs and expenses and shall discharge (or cause to be insured or bonded over) within sixty (60) days after the same shall be filed (or otherwise become effective) any Liens arising with respect to the Modification; and (v) such Modifications shall comply with Sections 8.3 12.3 and 9.1(a); and13.1 (iv) the Lessee shall have provided notice to the Lessor of any structural Modification the cost of which exceeds 10% of the Lease Balance. .1a). All Modifications shall remain part of the realty Property and shall be subject to this Master LeaseLease and title thereto shall immediately vest in the Lessor; provided, however, that the Modifications that meet each of the following conditions shall not be subject to this Lease: (x) such Modifications are not Required Modifications, (y) such Modifications were not financed by the Lessor and (z) can be removed such Modifications are readily removable without causing Material damage to impairing the value, utility or diminution in the Fair Market Sales Value remaining useful life of the Property below the Lease Balance shall be the property of the Lessee or other third party and may be removed by Lessee during the Lease Term and up to 30 days following the expiration or earlier termination thereof and shall not be subject to this Master LeaseProperty. The Lessee may place upon the Property any trade fixtures, machinery, equipment, inventory equipment or other property belonging to the Lessee or third parties and may remove the samesame at any time during the Term, subject, however, to the terms of Section 9.1(a13.1(a), and Lessor hereby waives any liens, to which it may be entitled pursuant to any statutory or common law, in such trade fixtures, machinery, equipment or other property; provided, however, provided that such trade fixtures, machinery, equipment, inventory equipment or other property can be removed without causing material damage to do not Materially impair the value, utility or diminution in the Fair Market Sales Value remaining useful life of the Property below the Lease BalanceProperty; provided, further, however, that the Lessee shall keep and maintain at the Property and shall not not, without the Lessor's prior consent, remove from the Property any Equipment financed or otherwise paid for (directly or indirectly) by the Lessor pursuant to this Lease. Notwithstanding the Participation Agreementforgoing, the Lessee shall comply with all provisions of the ▇▇▇▇▇▇ Loan Documents with respect to Modifications as if the Lessee were the Borrower thereunder, and to the extent the provisions hereof are inconsistent with same, the provisions of the ▇▇▇▇▇▇ Loan Documents shall control.

Modifications, Substitutions and Replacements. During the Lease --------------------------------------------- Term, the Lessee, at its sole cost and expense, may at any time and from time to time make alterations, renovations, improvements and additions to the Property or any part thereof and substitutions and replacements therefor (collectively, "Modifications"); provided, however, that:: ------------- -------- ------- (i) except for any Modification required to be made pursuant to a Requirement of Law (a "Required Modification"), no Modification --------------------- shall adversely affect reduce the Fair Market Sales Value of the Property below by more than $100,000 or diminish the Lease Balance capacity, efficiency, utility or remaining useful life of the Property following the completion of such Modification; (ii) such Modifications shall be (and shall be done in a manner) consistent with the Plans and Specifications for the Property; (iii) such Modifications shall comply with Sections 8.3 and ------------ 9.1(a); andand ------ (iv) the Lessee shall have provided notice to the Lessor of any structural Modification the cost of which exceeds which, individually or in the aggregate, would exceed 10% of the Lease Balance. .1)Improvements Budget for the Property. All Modifications shall remain part of the realty and shall be subject to this Master Lease; provided, however, that Modifications that (x) are not -------- ------- Required Modifications, (y) were not financed by the Lessor Participants and (z) can be removed without causing Material material damage to or diminution in the Fair Market Sales Value of the Property below or diminish the Lease Balance capacity, efficiency, utility or remaining useful life of the Property shall be the property of the Lessee or other third party and may be removed by Lessee during the Lease Term and up to 30 days following the expiration or earlier termination thereof Expiration Date and shall not be subject to this Master Lease. The Lessee may place upon the Property any trade fixtures, machinery, equipment, inventory or other property belonging to the Lessee or third parties and may remove the sameparties, subject, however, to the terms of Section 9.1(a)9.1; provided, however, that such trade fixtures, ----------- -------- ------- machinery, equipment, inventory or other property can be removed without causing material damage to or diminution in the Fair Market Sales Value of the Property below the Lease Balance; provided, further, however, that the Lessee shall keep and maintain at the Property and shall not remove from the Property any Facility Equipment financed or otherwise paid for by the Lessor Participants pursuant to the Participation Agreement.

Modifications, Substitutions and Replacements. During the Lease Term, the The Lessee, at its --------------------------------------------- sole cost and expense, may at any time and from time to time make alterations, renovations, improvements and additions to any item of the Property Equipment or any part thereof and substitutions and replacements therefor (collectively, "Modifications"); provided, however, that:: ------------- -------- ------- (ia) except for any Modification required to be made pursuant to a Requirement of Law or Equipment Legal Requirement (a "Required -------- Modification"), no Modification shall materially adversely affect the Fair Market Sales Value ------------ present or residual fair market value or useful life of the Property below the Lease Balance following the completion of Equipment or any part thereof from that which existed immediately prior to such Modification; (iib) such Modifications shall be (and the Modification shall be done in a good and workmanlike manner) consistent with the Plans and Specifications for the Property; (iiic) the Lessee shall comply in all material respects with all Requirements of Law (including all Hazardous Materials Laws), Equipment Legal Requirements and Insurance Requirements applicable to the Modification; (d) subject to the terms of Article XII relating to Permitted ----------- Contests, the Lessee shall pay all costs and expenses and shall discharge (or cause to be insured or bonded over) within ten (10) days after the same shall be filed (or otherwise become effective) any Liens arising with respect to the Modification; (e) such Modifications shall comply with Sections 8.3 8.2 and 9.1(a); andand ------------ ------ (ivf) the Lessee written notice of each such Modification of any material nature shall have provided notice be given, prior to the Lessor making of any structural Modification such Modification, to the Agent and the Equity Lenders, setting forth in reasonable detail the nature and cost of which exceeds 10% of the Lease Balance. .1)thereof. All Modifications shall remain part of the realty Equipment and shall be subject to this Master Lease; provided, however, that Modifications that (x) are not Required Modifications, (y) were not financed by the Lessor Lease and (z) can be removed without causing Material damage to or diminution title thereto shall immediately vest in the Fair Market Sales Value of the Property below the Lease Balance shall be the property of the Lessee or other third party and may be removed by Lessee during the Lease Term and up to 30 days following the expiration or earlier termination thereof and shall not be subject to this Master Lease. The Lessee may place upon the Property any trade fixtures, machinery, equipment, inventory or other property belonging to the Lessee or third parties and may remove the same, subject, however, to the terms of Section 9.1(a); provided, however, that such trade fixtures, machinery, equipment, inventory or other property can be removed without causing material damage to or diminution in the Fair Market Sales Value of the Property below the Lease Balance; provided, further, however, that the Lessee shall keep and maintain at the Property and shall not remove from the Property any Equipment financed or otherwise paid for by the Lessor pursuant to the Participation AgreementLessor.

Modifications, Substitutions and Replacements. During the Lease Term, the (a) The Lessee, at its sole cost and expense, may at any time and from time to time make alterations, renovations, improvements and additions to the Real Property or any part thereof and substitutions and replacements therefor (collectively, "the “Modifications"”); provided, however, that: (i) except for any Modification required to be made pursuant to a Requirement of by an Applicable Law (a "“Required Modification"”), no Modification shall materially diminish the fair market sales value, remaining useful life or residual value or materially adversely affect the Fair Market Sales Value utility of the Real Property below the Lease Balance following the completion of from that which existed immediately prior to such Modification; (ii) such Modifications shall be (and the Modification shall be done in a good and workmanlike manner) consistent with the Plans and Specifications for the Property; (iii) the Lessee shall comply in all material respects with all Applicable Laws (including all Environmental Laws) and Insurance Requirements applicable to the Modification, including the obtaining of all permits and certificates of occupancy; (iv) subject to the terms of Article XII relating to permitted contests, the Lessee shall pay all costs and expenses and shall discharge (or cause to be insured or bonded over) within sixty (60) days after the same shall be filed (or otherwise become effective) any liens arising with respect to the Modification; and (v) such Modifications shall comply with Sections 8.3 and 9.1(a); and (iv) the Lessee shall have provided notice to the Lessor of any structural Modification the cost of which exceeds 10% of the Lease Balance. .1). All Modifications shall remain part of the realty and shall be subject to this Master LeaseLease and title thereto shall immediately vest in the Lessor; provided, however, that Modifications that (x) are not Required Modifications, (y) were not financed by the Lessor Lessor, and (z) can be removed are readily removable without causing Material damage to impairing the value, utility, residual value or diminution in the Fair Market Sales Value remaining useful life of the Property below the Lease Balance Real Property, shall be the property of the Lessee or other third party and may be removed by Lessee during the Lease Term and up to 30 days following the expiration or earlier termination thereof and Lessee, shall not be subject to this Master Lease. Lease and may be removed by the Lessee at any time. (b) The Lessee may place upon the Real Property any trade fixtures, machinery, equipment, inventory inventory, supplies or other property belonging to the Lessee or third parties and may remove the samesame at any time during the Term, subject, however, to the terms of Section Sections 9.1(a) and 10.1(a); and provided, howeverthat, that subject to Section 10.1(a), such trade fixtures, machinery, equipment, inventory inventory, supplies or other property can be removed without causing material damage to do not impair the value, utility, residual value or diminution in the Fair Market Sales Value remaining useful life of the Property below the Lease Balance; provided, further, however, that the Lessee shall keep and maintain at the Property and shall not remove from the Property any Equipment financed or otherwise paid for by the Lessor pursuant to the Participation AgreementReal Property.

Modifications, Substitutions and Replacements. During the Lease Term, the (a) The Lessee, at --------------------------------------------- its sole cost and expense, may at any time and from time to time make alterations, renovations, improvements and additions to the Property or any part thereof and substitutions and replacements therefor (collectively, "Modifications"); provided, however, provided that: : (i) except for no Modification shall Materially impair the ------------- -------- value, utility or useful life of the Property or any part thereof from that which existed immediately prior to such Modification; (ii) the Modification shall be done expeditiously and in a 1. All Modifications required to be made pursuant to a --------------------- Requirement of Law generally applicable to buildings comparable to the Property or an Insurance Requirement (a "Required Modification")) and all Modifications -------- ------------ which are replacements or substitutions of the Property, no Modification shall adversely affect all Modifications of the Fair Market Sales Value utility and building services Equipment and sections of the Improvements which are not readily removable without impairing the utility or remaining useful life of the Property below the Lease Balance following the completion of such Modification; (ii) such Modifications shall be (and shall be done in a manner) consistent with the Plans and Specifications for the Property; (iii) such Modifications shall comply with Sections 8.3 and 9.1(a); and (iv) the Lessee shall have provided notice to the Lessor of any structural Modification the cost of which exceeds 10% of the Lease Balance. .1). All Modifications shall remain part of the realty and shall be subject to this Master Lease; provided, however, that Modifications that (x) are not Required Modifications, (y) were not financed by the Lessor and (z) can be removed without causing Material damage to or diminution title thereto shall immediately vest in the Fair Market Sales Value of the Property below the Lease Balance shall be the property of the Lessee or Lessor. All other third party Modifications and may be removed by Lessee during the Lease Term and up to 30 days following the expiration or earlier termination thereof and shall not be subject to this Master Lease. The Lessee may place upon the Property any all trade fixtures, machinery, equipment, inventory equipment or other tangible personal property belonging to the (other than Equipment or replacements or substitutions for Equipment) shall at all times be Lessee's property ("Lessee's Property") and ----------------- Lessee or third parties and may remove the samesame at any time during the Term, subject, however, to the terms of Section 9.1(a10.1(a); provided, however, provided that such trade fixtures, machinery, equipment, inventory --------------- -------- equipment or other property can be removed without causing material damage to do not impair the value, utility or diminution in the Fair Market Sales Value remaining useful life of the Property below the Lease BalanceProperty; provided, further, however, that the Lessee shall keep and maintain -------- ------- at the Property and shall not remove from the Property any Equipment financed or otherwise paid for Equipment. (b) The Lessee shall deliver to the Lessor and the Agent a brief written narrative of any Modification, other than as described in the Plans and Specifications delivered by the Lessor pursuant Lessee to the Participation AgreementLessor and the Agent on the Land Interest Acquisition Date, to be done in connection with any Modification to the Property the cost of which is anticipated to exceed $500,000 in the aggregate.

Modifications, Substitutions and Replacements. During the Lease Term(a) Subject to Section 10.2, the Lessee, at its sole cost and expense, may at any time and from time to time make alterations, renovations, improvements and additions to the Property or any part thereof and substitutions and replacements therefor (collectively, "Modifications"); provided, however, that: (i) except for any Modification required to be made pursuant to a Requirement of Law (a "Required Modification"), no Modification shall adversely affect the Fair Market Sales Value value or useful life of the Property below the Lease Balance following the completion of from that which existed immediately prior to such Modification;; Master Lease (ii) such Modifications shall be (and the Modification shall be done in a good and workmanlike manner) consistent with the Plans and Specifications for the Property; (iii) the Lessee shall comply in all material respects with all Requirements of Law (including all Environmental Laws) and Insurance Requirements applicable to the Modification, including the obtaining of all permits and certificates of occupancy; (iv) subject to the terms of Article XII relating to permitted contests, the Lessee shall pay all costs and expenses and shall discharge (or cause to be insured or bonded over) within sixty (60) days after the same shall be filed (or otherwise become effective) any Liens arising with respect to the Modification; and (v) such Modifications shall comply with Sections 8.3 and 9.1(a); and (iv) the Lessee shall have provided notice to the Lessor of any structural Modification the cost of which exceeds 10% of the Lease Balance. .1). All Modifications shall remain part of the realty and shall be subject to this Master LeaseLease and title thereto shall immediately vest in the Lessor; provided, however, that Modifications that (x) are not Required Modifications, (y) were not financed by the Lessor and (z) can be removed are readily removable without causing Material damage to impairing the value, utility or diminution in the Fair Market Sales Value remaining useful life of the Property below Property, shall remain the Lease Balance shall be the personal property of the Lessee or other third party and may be removed by Lessee during the Lease Term and up to 30 days following the expiration or earlier termination thereof and Lessee, shall not be subject to this Master Lease. Lease and may be removed by the Lessee at any time. (b) The Lessee may place upon the Property any trade fixtures, machinery, equipment, inventory or other property belonging to the Lessee or third parties and may remove the samesame at any time during the Term, subject, however, to the terms of Section Sections 9.1(a) and 10.1(a); provided, howeverthat, that subject to Section 10.1(a), such trade fixtures, machinery, equipment, inventory or other property can be removed without causing material damage to do not impair the value or diminution in the Fair Market Sales Value useful life of the Property below the Lease Balance; provided, further, however, that the Lessee shall keep and maintain at the Property and shall not remove from the Property any Equipment financed or otherwise paid for by the Lessor pursuant to the Participation AgreementProperty.

Modifications, Substitutions and Replacements. During the Lease Term, the Lessee, at its sole cost and expense, may at any time and from time to time make alterations, renovations, improvements and additions to the any Property or any part thereof and substitutions and replacements therefor (collectively, "Modifications"); provided, however, that: (i) except for any Modification required to be made pursuant to a Requirement of Law or Property Legal Requirement (a "Required Modification"), no Modification shall adversely affect the Fair Market Sales Value value or useful life of the such Property below the Lease Balance following the completion of or any part thereof from that which existed immediately prior to such Modification; (ii) such Modifications shall be (and the Modification shall be done in a good and workmanlike manner) consistent with the Plans and Specifications for the Property; (iii) the Lessee shall comply in all material respects with all Requirements of Law (including all Hazardous Materials Laws), Property Legal Requirements and Insurance Requirements applicable to the Modification, including the obtaining of all permits and certificates of occupancy; (iv) subject to the terms of Article XII relating to permitted contests, the Lessee shall pay all costs and expenses and shall discharge (or cause to be insured or bonded over) within sixty (60) days after the same shall be filed (or otherwise become effective) any Liens arising with respect to the Modification; (v) such Modifications shall comply with Sections 8.3 and 9.1(a); and (ivvi) the Lessee shall have provided notice be required to obtain the Lessor of any structural Modification the cost of which exceeds 10% prior written approval of the Lease Balance. .1). All Modifications shall remain part of the realty and shall be subject to this Master Lease; providedLessor, however, that Modifications that (x) are not Required Modifications, (y) were not financed by the Lessor and (z) can be removed without causing Material damage to or diminution in the Fair Market Sales Value of the Property below the Lease Balance shall be the property of the Lessee or other third party and may be removed by Lessee during the Lease Term and up to 30 days following the expiration or earlier termination thereof and which approval shall not be subject unreasonably withheld, and which shall be deemed to this Master Lease. The Lessee may place upon the Property any trade fixtures, machinery, equipment, inventory or other property belonging to the Lessee or third parties and may remove the same, subject, however, to the terms of Section 9.1(a); provided, however, that such trade fixtures, machinery, equipment, inventory or other property can be removed without causing material damage to or diminution in the Fair Market Sales Value of the Property below the Lease Balance; provided, further, however, that the Lessee shall keep and maintain at the Property and shall not remove from the Property any Equipment financed or otherwise paid for by the Lessor pursuant to the Participation Agreement.have