OPTIONAL IMPROVEMENTS. So long as no Lease Event of Default set forth in clauses (a) or (b) of Section 17 hereof shall have occurred and be ---------- continuing, the Facility Lessee at any time may, without expense to the Owner Lessor or the Owner Participant and without the consent of any other Lease Financing Party make, cause to be made, or permit to be made any Improvement as the Facility Lessee considers desirable in the proper conduct of its business (any such non-Required Improvement being referred to as an "Optional -------- Improvement"); provided that the Facility Lessee shall prevent any Optional ----------- Improvement from being made that would decrease the then current value, residual value, utility or remaining useful life of the Facility by more than a de minimis amount below the then current or residual value, the remaining useful life or the utility thereof (as measured immediately prior to the making of such Optional Improvement, assuming the Facility is, at such time, in the condition required by the terms of this Facility Lease), or cause the Facility to become "limited-use" property within the meaning of Rev. Proc. 75-28, 1975-1 C.B. 752 or Rev. Proc. 76-30, 1976-2 C.B. 647.
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OPTIONAL IMPROVEMENTS. So long as no Lease Event of Default set forth in clauses (a) or (b) of Section 17 hereof shall have occurred and be ---------- continuing, the Facility Lessee at any time may, without expense to the Owner Lessor or the Owner Participant and without the consent of any other Lease Financing Party make, cause to be made, or permit to be made any Improvement as the Facility Lessee considers desirable in the proper conduct of its business (any such non-Required Improvement being referred to as an "Optional -------- Improvement"); provided that the Facility Lessee shall prevent any Optional ----------- Improvement from being made that would decrease the then current value, residual value, utility or remaining useful life of the Facility by more than a de minimis amount below the then current or residual value, the remaining useful life or the utility thereof (as measured immediately prior to the making of such Optional Improvement, assuming the Facility is, at such time, in the condition required by the terms of this Facility Lease), or cause the Facility to become "limited-use" property within the meaning of Rev. Proc. 75-28, 1975-1 C.B. 752 or Rev. Proc. 76-30, 1976-2 C.B. 647.
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