Common use of Changes to Project Clause in Contracts

Changes to Project. Landlord shall have the right, in Landlord's sole discretion, from time to time, to make changes to the size, shape, location, number and extent of the improvements comprising the Project (hereinafter referred to as "Changes") including, but not limited to, the Project interior and exterior, the Common Areas, elevators, escalators, restrooms, HVAC, electrical systems, communication systems, fire protection and detection systems, plumbing systems, security systems, parking control systems, driveways, entrances, parking spaces, parking areas and landscaped areas so long as such Changes do not have a permanent material adverse effect on Tenant’s access to or use of the Premises. In connection with the Changes, Landlord may, among other things, erect scaffolding or other necessary structures at the Project, limit or eliminate access to portions of the Project, including portions of the Common Areas, or perform work in the Building, which work may create noise, dust or leave debris in the Building. Tenant hereby agrees that such Changes and Landlord's actions in connection with such Changes shall in no way constitute a constructive eviction of Tenant or entitle Tenant to any abatement of rent. Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant's business arising from the Changes, nor shall Tenant be entitled to any compensation or damages from Landlord for any inconvenience or annoyance occasioned by such Changes or Landlord's actions in connection with such Changes provided that Landlord agrees to use reasonable efforts to minimize unreasonable interference with Tenant's use and occupancy of the Premises during Landlord's actions in connection with such Changes.

Changes to Project. Landlord shall have reserves the right, in Landlord's sole discretion, right at any time and from time to time, time (a) to make or permit changes or revisions in the site plan for or layout of the Project including, without limitation, additions to, subtractions from, rearrangements of, alterations of, modifications of or supplements to the sizepublic areas or the building areas, shapewalkways, locationparking areas, number driveways or other areas within or without the Project and extent upon the property on which the Project is located, (b) to construct other buildings or improvements in or as additions to the Project and to make alterations thereof or additions thereto and to build additional stories on any such building or buildings and to construct other buildings or improvements adjoining the same (however no such modification may materially and adversely affect the conduct of operations of the improvements comprising the Project Casino unless approved by Tenant, which approval shall not be unreasonably withheld, conditioned or delayed), and (hereinafter referred c) to as "Changes") including, but not limited to, the Project interior and exterior, the Common Areas, elevators, escalators, restrooms, HVAC, electrical systems, communication systems, fire protection and detection systems, plumbing systems, security systems, parking control systems, driveways, entrances, parking spaces, parking areas and landscaped areas so long as such Changes do not have a permanent material adverse effect on Tenant’s access to make or use of the Premises. In connection with the Changes, Landlord may, among other things, erect scaffolding permit changes or other necessary structures at revisions in the Project, limit including additions thereto, and to convey portions of the Project and the property on which the Project is located to others for the purpose of constructing thereon other buildings or eliminate access improvements, including additions thereto and alterations thereof. Landlord will have the right without abatement of Rent to (i) enter into, modify and terminate easements and other agreements pertaining to the use and maintenance of the parking area portions of the Project and the property on which the Project is located (however, in no event, shall parking for the Premises be less than the minimum number of parking spaces required by Applicable law), (ii) close such portions of the Project and the property on which the Project is located as may, in the reasonable opinion of Landlord, be necessary to prevent a dedication thereof or the accrual of any right therein to any person or to the public, (iii) close portions of the Project and the property on which the Project is located for any other reason reasonably determined by Landlord to be in the best interest of the Project, including (iv) close temporarily any or all portions of the Common AreasProject and the property on which the Project is located for repairs or refurbishing (provided, however, that in no event shall any portion of the Casino be closed unless approved by Tenant, which approval shall not be unreasonably withheld, conditioned or delayed, in accordance with Section 2.7 hereinbelow) (v) discourage non-guest parking , (vi) move, remove, relocate and/or replace seats, trees, planters and other amenities commonly found in similar resorts, and (vii) do such other acts in and to said areas and improvements, as Landlord, in the exercise of its reasonable business judgment, deems advisable. Provided that nothing herein shall materially and adversely interfere with or cause the suspension or cessation of gaming activity within the Casino substantially as it is currently functioning, or perform work in cause the Buildingloss of use of any of Tenant’s security, which work may create noisesurveillance, dust accounting, cash counting or leave debris in other casino related back of house areas within the Building. Tenant hereby agrees that such Changes and Landlord's actions in connection with such Changes shall in no way constitute a constructive eviction of Tenant or entitle Tenant to any abatement of rent. Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant's business arising from the Changes, nor shall Tenant be entitled to any compensation or damages from Landlord for any inconvenience or annoyance occasioned by such Changes or Landlord's actions in connection with such Changes provided that Landlord agrees to use reasonable efforts to minimize unreasonable interference with Tenant's use and occupancy of the Premises during Landlord's actions in connection with such ChangesPremises.

Changes to Project. Landlord shall have the rightfollowing rights (a) to rearrange, change, expand or contract the Common Areas; (b) to use Common Areas while engaged in Landlord's sole discretionmaking improvements, repairs or alterations to the Project; and (c) to do and perform such other acts and make such other changes to the interior of the Building (including, without limitation, the lobbies, entrances, passageways, doors, doorways, atriums, corridors, elevators, stairs, Common Area restrooms, loading docks and parking garage) and the exterior of the Building (including, without limitation, the facade, roof, sidewalks, exterior windows and arcade), all as Landlord may from time to timetime in its sole judgment deem to be appropriate, to make changes provided in each instance that: (i) except to the size, shape, location, number and extent of the improvements comprising the Project (hereinafter referred to as "Changes") including, but not limited torequired by applicable Requirements, the Project interior and exterior, level of any Building service shall not decrease in any material respect from the Common Areas, elevators, escalators, restrooms, HVAC, electrical systems, communication systems, fire protection and detection systems, plumbing systems, security systems, parking control systems, driveways, entrances, parking spaces, parking areas and landscaped areas so long level required of Landlord in this Lease as a result thereof (other than temporary changes in the level of such Changes do services during the performance of any such work or improvement); (ii) Tenant is not have a permanent material adverse effect on deprived of reasonable access to the Premises or to the Parking Facility in the Building; (iii) Tenant’s access to or use of the Premises. In connection with Premises for the Changes, Landlord may, among other things, erect scaffolding or other necessary structures at operation of its business is not materially adversely affected; and (iv) except to the Project, limit or eliminate access to portions extent required by applicable Requirements the size of the Projectmain lobby and atrium, including portions of the Common Areasif any, or perform work in the Building, which work may create noise, dust or leave debris in the Building. Tenant hereby agrees that such Changes and Landlord's actions in connection with such Changes shall in no way constitute a constructive eviction of Tenant or entitle Tenant to any abatement of rentis not materially reduced. Landlord shall use reasonable efforts to minimize interference with Xxxxxx’s use and occupancy of the Premises and Xxxxxx’s use of the Parking Facility during the performance of such work or improvement. Provided that Landlord complies with the terms of this Section 26.20: (y) Landlord may exercise any or all of the foregoing rights without being deemed to be guilty of an eviction, actual or constructive, or a disturbance of Tenant’s business or use or occupancy of the Premises; and (z) Tenant shall have no responsibility claim for damages, indemnification or for any reason be liable to Tenant for any direct eviction (whether actual or indirect injury to or interference with Tenant's business arising from the Changes, constructive) against Landlord nor shall Tenant be entitled to any compensation diminution or damages abatement of Rent arising from Landlord for Landlord’s exercise of any inconvenience or annoyance occasioned by such Changes or Landlord's actions in connection with such Changes provided that Landlord agrees to use reasonable efforts to minimize unreasonable interference with Tenant's use and occupancy all of the Premises during foregoing rights except as provided, in Sections 10.13 and 15.6(b) and Article 11 of this Lease. Tenant acknowledges that it has no rights to any development rights, air rights or comparable rights appurtenant to the Project and Tenant consents, without further consideration, to any utilization of such rights by Landlord's actions in connection with such Changes.

Changes to Project. Landlord shall have the right, in Landlord's ’s sole discretion, from time to time, to make changes to the size, shape, location, number and extent of the improvements comprising the Project (hereinafter referred to as "“Changes"”) including, but not limited to, the Project interior and exterior, the Common Areas, elevators, escalators, restrooms, HVAC, electrical systems, communication systems, fire protection and detection systems, plumbing systems, security systems, parking control systems, driveways, entrances, parking spaces, parking areas and landscaped areas so long as such Changes do areas; provided, however, that Landlord shall not have materially change the location of the exterior walls of the Building or materially change the location of the Common Areas within the Building in a permanent material adverse way that would materially and adversely effect on Tenant’s access to or use of the PremisesPremises without the prior written consent of Tenant, which consent shall not be unreasonably withheld, conditioned or delayed. In connection with the Changes, Landlord may, among other things, erect scaffolding or other necessary structures at the Project, limit or eliminate access to portions of the Project, including portions of the Common Areas, or perform work in the Building, which work may create noise, dust or leave debris in the Building. Tenant hereby agrees that such Changes and Landlord's ’s actions in connection with such Changes shall in no way constitute a constructive eviction of Tenant or entitle Tenant to any abatement of rent. Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant's ’s business arising from the Changes, nor shall Tenant be entitled to any compensation or damages from Landlord for any inconvenience or annoyance occasioned by such Changes or Landlord's actions in connection with such Changes provided that Landlord agrees to use reasonable efforts to minimize unreasonable interference with Tenant's use and occupancy of the Premises during Landlord's ’s actions in connection with such Changes. Landlord shall use commercially reasonable efforts to minimize disruption to Tenant’s business operations caused by Changes.

Changes to Project. Landlord shall have the right, in Landlord's ’s sole discretion, from time to time, to make changes to the size, shape, location, legal description, number and extent of the improvements comprising the Project, to sell portions of the Project or to expand the Project by adding additional real property or buildings to the Project (hereinafter collectively referred to as "“Changes") including”). Such Changes may include, but are not limited to, the Project interior and exterior, the Common Areas, elevators, escalators, restrooms, HVAC, electrical systems, communication systems, fire protection and detection systems, plumbing systems, security systems, parking control systems, driveways, entrances, parking spaces, parking areas and landscaped areas so long areas. In the event Landlord makes any such Changes, including without limitation, adding to the Project any additional building containing rentable area, Landlord may elect to include certain expenses and/or real property taxes with respect to any such additional building as such Changes do not have a permanent material adverse effect on Operating Expenses and/or Real Property Taxes (as the case may be), in which case Tenant’s access Pro Rata Share of Operating Expenses with respect to or use such expenses and/or real property taxes shall be modified to reflect the rentable area of the Premisessuch additional building. In connection with the Changes, Landlord may, among other things, erect scaffolding or other necessary structures at the Project, limit or eliminate access to portions of the Project, including portions of the Common Areas, or perform work in the Building, Building or within the Project which work may create noise, dust or leave debris in within the BuildingProject. Tenant hereby agrees that such Changes and Landlord's ’s actions in connection with such Changes shall in no way constitute a constructive eviction of Tenant or entitle Tenant to any abatement of rent. Provided that the Changes do not prohibit access to or the Permitted Use of the Premises or reduce the amount of the Parking Spaces or relocate the Parking Area, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant's ’s business arising from the Changes, nor shall Tenant be entitled to any compensation or damages from Landlord for any inconvenience or annoyance occasioned by such Changes or Landlord's actions in connection with such Changes provided that Landlord agrees to use reasonable efforts to minimize unreasonable interference with Tenant's use and occupancy of the Premises during Landlord's ’s actions in connection with such Changes.

Changes to Project. Landlord shall have the right, in Landlord's sole discretion, from time to time, to make changes to the size, shape, location, number and extent of the improvements comprising the Project (hereinafter referred to as "Changes") including, but not limited to, the Project interior and exteriorexterior of buildings, the Common Areas, HVAC, elevators, escalators, restrooms, HVAC, electrical systems, communication systems, fire protection and detection systems, plumbing systems, security systems, parking control systems, driveways, entrances, parking spaces, parking areas and landscaped areas so long as such Changes do not have a permanent material adverse effect on areas; provided Landlord shall use commercially reasonable efforts to minimize disruption and interference with Tenant’s access to or use of and operations at the Premises. In connection with the Changes, Landlord may, among other things, erect scaffolding or other necessary structures at the Project, limit or eliminate access to portions of the Project, including portions of the Common Areas, or perform work in the Building, which work may create noise, dust or leave debris in the Building. Tenant hereby agrees that such Changes and Landlord's actions in connection with such Changes shall in no way constitute a constructive eviction of Tenant or entitle Tenant to any abatement of rent. Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant's business arising from the Changes, nor shall Tenant be entitled to any compensation or damages from Landlord for any inconvenience or annoyance occasioned by such Changes or Landlord's actions in connection with such Changes Changes, provided that Landlord agrees to use uses commercially reasonable efforts to minimize unreasonable interference with disruption to Tenant's use and occupancy of the Premises during Landlord's actions in connection with such business operations caused by Changes.

Changes to Project. Landlord shall have the right, in Landlord's sole discretion, from time to time, to make changes to the size, shape, location, number and extent of the improvements comprising the Project (hereinafter referred to as "Changes") including, but not limited to, the Project interior and exterior, the Common Areas, elevators, escalators, restrooms, HVAC, electrical systems, communication systems, fire protection and detection systems, plumbing systems, security systems, parking control systems, driveways, entrances, parking spaces, parking areas and landscaped areas so long as such Changes do not have a permanent material adverse effect on Tenant’s access to or use of the Premisesareas. In connection with the Changes, Landlord may, among other things, erect scaffolding or other necessary structures at the Project, limit or eliminate access to portions of the Project, including portions of the Common Areas, or perform work in the Building, which work may create noise, dust or leave debris in the Building. Tenant hereby agrees that such Changes and Landlord's actions in connection with such Changes shall in no way constitute a constructive eviction of Tenant or entitle Tenant to any abatement of rent. Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant's business arising from the Changes, nor shall Tenant be entitled to any compensation or damages from Landlord for any inconvenience or annoyance occasioned by such Changes or Landlord's actions in connection with such Changes provided that Landlord agrees to use reasonable efforts to minimize unreasonable interference with Tenant's use and occupancy of the Premises during Landlord's actions in connection with such Changes. LANDLORD SHALL USE COMMERCIALLY REASONABLE EFFORTS TO MINIMIZE UNREASONABLE INTERFERENCE WITH TENANT'S USE AND OCCUPANCY OF THE PREMISES DURING ANY SUCH CHANGES.

Changes to Project. Landlord shall have the rightfollowing rights (a) to rearrange, change, expand or contract the Common Areas; (b) to use Common Areas while engaged in Landlord's sole discretionmaking improvements, repairs or alterations to the Project; and (c) to do and perform such other acts and make such other changes to the interior of the Building (including, without limitation, the lobbies, entrances, passageways, doors, doorways, atriums, corridors, elevators, stairs, Common Area restrooms, loading docks and parking garage) and the exterior of the Building (including, without limitation, the façade, roof, sidewalks, exterior windows and arcade), all as Landlord may from time to time, time in its sole judgment deem to make changes to the size, shape, location, number and extent be appropriate. Landlord may exercise any or all of the improvements comprising the Project (hereinafter referred foregoing rights without being deemed to as "Changes") includingbe guilty of an eviction, but not limited toactual or constructive, the Project interior and exterior, the Common Areas, elevators, escalators, restrooms, HVAC, electrical systems, communication systems, fire protection and detection systems, plumbing systems, security systems, parking control systems, driveways, entrances, parking spaces, parking areas and landscaped areas so long as such Changes do not have or a permanent material adverse effect on disturbance of Tenant’s access to business or use or occupancy of the Premises. In connection with Subject to the Changesprovisions of this Section 26.20, Landlord may, among other things, erect scaffolding or other necessary structures at the Project, limit or eliminate access to portions of the Project, including portions of the Common Areas, or perform work in the Building, which work may create noise, dust or leave debris in the Building. Tenant hereby agrees that such Changes and Landlord's actions in connection with such Changes shall in no way constitute a constructive eviction of Tenant or entitle Tenant to any abatement of rent. Landlord shall have no responsibility claim for damages, indemnification or for any reason be liable to Tenant for any direct eviction (whether actual or indirect injury to or interference with Tenant's business arising from the Changes, constructive) against Landlord nor shall Tenant be entitled to any compensation diminution or damages abatement of Rent arising from Landlord for Landlord’s exercise of any inconvenience or annoyance occasioned all of the foregoing rights. Tenant acknowledges that it has no rights to any development rights, air rights or comparable rights appurtenant to the Project and Tenant consents, without further consideration, to any utilization of such rights by such Changes or Landlord's actions in . In connection with such Changes provided the exercise of Landlord’s rights set forth in this Section 26.20, Landlord agrees: (i) that Landlord agrees Tenant will always have access to use the Premises; (ii) to exercise commercially reasonable efforts to minimize unreasonable interference with Tenant's ’s business operations; (iii) not to materially and adversely affect Tenant’s right to use and occupancy enjoy of the Premises Premises; and (iv) during the period (if any) that Tenant does not have reasonable access to the Parking Facility due to the above-described Landlord's actions ’s work, Landlord shall provide Tenant with reasonable alternate parking in connection with the vicinity of the Building at no additional cost to Tenant provided that Landlord shall only have the right to not provide access to the Parking Facility for such Changesperiod as may reasonably be required in order to complete such work at the Parking Facility.

Changes to Project. Landlord shall have the right, in Landlord's sole discretion, from time to time, to make changes to the size, shape, location, number and extent of the improvements comprising the Project (hereinafter referred to as "Changes") including, but not limited to, the Project interior and exterior, the Common Areas, elevators, escalators, restrooms, HVAC, electrical systems, communication systems, fire protection and detection systems, plumbing systems, security systems, parking control systems, driveways, entrances, parking spaces, parking areas and landscaped areas so long as provided such Changes do not have a permanent material adverse effect on unreasonably interfere with Tenant’s access to or 's use of the Premises. In connection with the Changes, Landlord may, among other things, erect scaffolding or other necessary structures at the Project, limit or eliminate access to portions of the Project, including portions of the Common Areas, or perform work in the Building, which work may create noise, dust or leave debris in the Building. Provided the work necessary to effect such Changes is carried out so as not to unreasonably interfere with Tenant's use of the Premises, Tenant hereby agrees that such Changes and Landlord's actions in connection with such Changes shall in no way constitute a constructive eviction of Tenant or entitle Tenant to any abatement of rent. Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant's business arising from the Changes, nor shall Tenant be entitled to any compensation or damages from Landlord for any inconvenience or annoyance occasioned by such Changes or Landlord's actions in connection with such Changes provided that Landlord agrees to use reasonable efforts to minimize unreasonable interference with Tenant's use and occupancy of the Premises during Landlord's actions in connection with such Changes.

Changes to Project. Landlord shall have the right, in Landlord's sole discretion, from time to time, to make changes to the size, shape, location, number and extent of the improvements comprising the Project (hereinafter referred to as "Changes") including, but not limited to, the Project interior and exterior, the Common Areas, elevators, escalators, restrooms, HVAC, electrical systems, communication systems, fire protection and detection systems, plumbing systems, security systems, parking control systems, driveways, entrances, parking spaces, parking areas and landscaped areas so long as such Changes do not have a permanent material adverse effect on Tenant’s access to or use and enjoyment of the Premises. In connection with the Changes, Landlord may, among other things, erect scaffolding or other necessary structures at the Project, limit or eliminate access to portions of the Project, including portions of the Common Areas, or perform work in the Building, which work may create noise, dust or leave debris in the Building. Tenant hereby agrees that such Changes and Landlord's actions in connection with such Changes shall in no way constitute a constructive eviction of Tenant or entitle Tenant to any abatement of rent. Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant's business arising from the Changes, nor shall Tenant be entitled to any compensation or damages from Landlord for any inconvenience or annoyance occasioned by such Changes or Landlord's actions in connection with such Changes provided that Changes. Landlord agrees to shall use reasonable efforts to minimize unreasonable interference with Tenant's use and occupancy of the Premises during Landlord's actions in connection with such Changes.

Changes to Project. PROVIDED THAT TENANT'S USE OF AND ACCESS TO THE PREMISES ARE NOT PERMANENTLY MATERIALLY ADVERSELY AFFECTED THEREBY, Landlord shall have the right, in Landlord's sole discretion, from time to time, to make changes to the size, shape, location, number and extent of the improvements comprising the Project (hereinafter referred to as "Changes") including, but not limited to, the Project interior and exterior, the Common Areas, elevators, escalators, restrooms, HVAC, electrical systems, communication systems, fire protection and detection systems, plumbing systems, security systems, parking control systems, driveways, entrances, parking spaces, parking areas and landscaped areas so long as such Changes do not have a permanent material adverse effect on Tenant’s access to or use of the PremisesPROVIDED HOWEVER THAT THE SIZE OF THE COMMON AREAS AND THE SCOPE OF SERVICES OFFERED TO TENANT AS OF THE DATE THIS LEASE IS FULLY EXECUTED BY LANDLORD AND TENANT SHALL NOT BE PERMANENTLY MATERIALLY ADVERSELY DIMINISHED AS A RESULT OF SUCH CHANGES. In connection with the Changes, Landlord may, among other things, erect scaffolding or other necessary structures at the Project, limit or eliminate access to portions of the Project, including portions of the Common Areas, or perform work in the Building, which work may create noise, dust or leave debris in the Building. Tenant hereby agrees that such Changes and Landlord's actions in connection with such Changes shall in no way constitute a constructive eviction of Tenant or entitle Tenant to any abatement of rent. Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant's business arising from the Changes, nor shall Tenant be entitled to any compensation or damages from Landlord for any inconvenience or annoyance occasioned by such Changes or Landlord's actions in connection with such Changes provided that Landlord agrees to use reasonable efforts to minimize unreasonable interference with Tenant's use and occupancy of the Premises during Landlord's actions in connection with such Changes.