BRAZOS' RIGHT TO TERMINATE. Brazos shall have the right upon at least thirty (30) days' prior written notice to Vari-Lite, to terminate the ground lease of the Property as of a Basic Rent Payment Date stipulated in such notice if at any time: (1) by reason of a nexus between a state or local taxing jurisdiction and the Property or the activities of any user (other than Brazos) of the Property, Brazos incurs, or, in its reasonable judgment, in the future would incur, a state or local tax based upon the Unitary Method of Taxation which, in its sole judgment, renders the Ground Lease uneconomic and Vari-Lite refuses to reimburse Brazos for such tax; or (2) any other instrument relating to this Ground Lease shall be held by a court of competent jurisdiction to require the payment or deemed to permit the collection of interest in excess of the Maximum Rate and any such interest in excess of such Maximum Rate cannot be spread and allocated either to the preceding or subsequent periods in which such excess interest is to be paid or collected pursuant to SECTION 18.8 of this Ground Lease. In the event of a termination of this Ground Lease with respect to the Property pursuant to this SECTION 11.2, Vari-Lite shall either (i) purchase, on the Basic Rent Payment Date stipulated in the written notice contemplated by this SECTION 11.2, the Property for cash at its Acquisition Cost or (ii) with the consent of Brazos, arrange, at its own cost and expense, for the Property to be sold for cash pursuant to SECTION 11.4 and with the consequences therein provided, except that such purchase and sale must occur on the Basic Rent Payment Date stipulated in the written notice contemplated by this SECTION 11.2.
BRAZOS' RIGHT TO TERMINATE. Brazos shall have the right upon thirty (30) days' prior written notice to Lessee, to terminate the Ground Lease of all Properties as of a Basic Rent Payment Date stipulated in such notice if at any time: (1) by reason of a nexus between a state or local taxing jurisdiction and any Property or the activities of any user (other than Brazos) of the Property, Brazos incurs, or, in its reasonable judgment, in the future would incur, a state or local tax which, in its sole but reasonable judgment, renders the Ground Lease uneconomic; or (2) the Agreement for Ground Lease or any other instrument relating to this Ground Lease shall be deemed to require the payment or deemed to permit the collection of interest in excess of the Maximum Rate and any such interest in excess of such Maximum Rate cannot be spread and allocated either to the preceding or subsequent periods in which such excess interest is to be paid or collected pursuant to SECTION 18.8 of this Ground Lease. In the event of a termination of this Ground Lease with respect to all Properties pursuant to this SECTION 11.2, Lessee shall either (i) purchase, on the Basic Rent Payment Date stipulated in the written notice contemplated by this SECTION 11.2, all Properties for cash at their respective Acquisition Cost or (ii) with the consent of Brazos and Agent, arrange, at its own cost and expense, for all Properties to be sold for cash pursuant to SECTION 11.4 and with the consequences therein provided, except that such sale must occur on the Basic Rent Payment Date stipulated in the written notice contemplated by this SECTION 11.2.
BRAZOS' RIGHT TO TERMINATE. Brazos shall have the right upon written notice to Diamond Shamrock R & M, to terminate the lease of any or all Facilities as of a Basic Rent Payment Date stipulated in such notice if at any time: (1) by reason of a nexus between a state or local taxing jurisdiction and the Facility or the activities of any user (other than Brazos) of the Facility, Brazos incurs, or, in its reasonable judgment, in the future would incur, a state or local tax based upon the Unitary Method of Taxation which, in its sole judgment, renders the
