Common use of Site Relocation Clause in Contracts

Site Relocation. If Lessor reasonably determines that it is not able --------------- to continue to lease any site to Lessee due to any title defect or condition that existed or arose before the date hereof, then if Lessor locates another site within a 5 mile radius of the subject site, Lessee shall be obligated to relocate to such replacement site, at its cost and expense. Notwithstanding the foregoing sentence, Lessee shall be obligated to pay all rent allocable to the Mexia Site and Temple Site (as hereinafter defined) whether or not Lessor locates a replacement site for the Lessee upon the occurrence of the following: (1) Lessor reasonably determines that it is not able to lease to the Lessee the Mexia Site identified as Site No. 4170 in the Purchase Agreement (the "Mexia Site") due to tax suits and or judgments which are currently outstanding against the Mexia Site, or (2) Lessor reasonably determines it is not able to lease to the Lessee the Temple Site identified as Site No. 4120 in the Purchase Agreement (the "Temple Site") due to the fact that there is no building permit or variance for the Temple Site for the improvements as they currently exist. For the preceding sentence, Lessor agrees to use reasonable efforts to locate a replacement site within a five (5) mile radius of the subject site, but Lessor shall determine in its sole discretion if it is economically feasible for Lessor to obtain a replacement site.

Site Relocation. If Lessor reasonably determines that it is not --------------- able --------------- to continue to lease any site to Lessee due to any title defect or condition that existed or arose before the date hereof, then if Lessor locates another site within a 5 mile radius of the subject site, Lessee shall be obligated to relocate to such replacement site, at its cost and expense. Notwithstanding the foregoing sentence, Lessee shall be obligated to pay all rent allocable to the Mexia Site and Temple Site (as hereinafter defined) whether or not Lessor locates a replacement site for the Lessee upon the occurrence of the following: (1) Lessor reasonably determines that it is not able to lease to the Lessee the Mexia Site identified as Site No. 4170 in the Purchase Agreement (the "Mexia Site") due to tax suits and or judgments which are currently outstanding against the Mexia Site, or (2) Lessor reasonably determines it is not able to lease to the Lessee the Temple Site identified as Site No. 4120 in the Purchase Agreement (the "Temple Site") due to the fact that there is no building permit or variance for the Temple Site for the improvements as they currently exist. For the preceding sentence, Lessor agrees to use reasonable efforts to locate a replacement site within a five (5) mile radius of the subject site, but Lessor shall determine in its sole discretion if it is economically feasible for Lessor to obtain a replacement site.