Common use of Encroachments, Restrictions, Etc Clause in Contracts

Encroachments, Restrictions, Etc. If any of the Leased Improvements on the applicable Leased Property shall, at any time, encroach upon any property, street or right-of-way adjacent to such Leased Property, or shall violate the agreements or conditions contained in any lawful restrictive covenant or other agreement affecting such Leased Property, or any part thereof, or shall impair the rights of others under any easement or right-of-way to which such Leased Property is subject, upon the request of Landlord (but only as to any encroachment, violation or impairment that is not a Permitted Encumbrance) or of any Person affected by any such encroachment, violation or impairment, Tenant shall, at its sole cost and expense, subject to its right to contest the existence of any encroachment, violation or impairment in accordance with the provisions of Article 8, either (a) obtain valid and effective waivers or settlements of all claims, liabilities and damages resulting from each such encroachment, violation or impairment, whether the same shall affect Landlord or Tenant, or (b) make such changes in the Leased Improvements and take such other actions, as are reasonably practicable to remove such encroachment, and to end such violation or impairment, including, if necessary, the alteration of any of the Leased Improvements and, in any event, take all such actions as may be necessary in order to ensure the continued operation of the Leased improvements for the Primary Intended Use substantially in the manner and to the extent the Leased Improvements were operated prior to the assertion of such violation, impairment or encroachment. Any such alteration shall be made in conformity with the applicable requirements of this Article 5. Tenant's obligations under this Section 5.4 shall be in addition to and shall in no way discharge or diminish any obligation of any insurer under any policy of title or other insurance.

Encroachments, Restrictions, Etc. If any of the Leased Improvements on the applicable Leased Property shall, at any time, encroach upon any property, street or right-of-of- way adjacent to such the affected Leased Property, or shall violate the agreements or conditions contained in any lawful restrictive covenant or other agreement affecting such any of the Collective Leased PropertyProperties, or any part thereof, or shall impair the rights of others under any easement or right-of-way to which such any of the Collective Leased Property Properties is subject, upon the request of Landlord (but only as to any encroachment, violation or impairment that is not a Permitted Encumbrance) or of any Person affected by any such encroachment, violation or impairment, Tenant shall, at its sole cost and expense, subject to its right to contest the existence of any encroachment, violation or impairment in accordance with the provisions of Article 8, either (a) obtain valid and effective waivers or settlements of all claims, liabilities and damages resulting from each such encroachment, violation or impairment, whether the same shall affect Landlord or Tenant, or (b) make such changes in the Leased Improvements and take such other actions, as are reasonably practicable to remove such encroachment, encroachment and to end such violation or impairment, including, if necessary, the alteration of any of the Leased Improvements and, in any event, take all such actions as may be necessary in order to ensure the continued operation of the affected Leased improvements Improvements for the their respective Primary Intended Use substantially in the manner and to the extent the such Leased Improvements were operated prior to the assertion of such violation, impairment or encroachment. Any such alteration shall be made in conformity with the applicable requirements of this Article 5. Tenant's obligations under this Section 5.4 shall be in addition to and shall in no way discharge or diminish any obligation of any insurer under any policy of title or other insurance.

Encroachments, Restrictions, Etc. If any of the Leased Improvements on the applicable Leased Property shall, at any time, encroach upon any property, street or right-of-way adjacent to such Leased the Property, or shall violate the agreements or conditions contained in any lawful restrictive covenant or other agreement affecting such Leased the Property, or any part thereof, or shall impair the rights of others under any easement or right-of-way to which such Leased the Property is subject, upon the request of Landlord (but only as to any encroachment, violation or impairment that is not a Permitted Encumbrance) or of any Person affected by any such encroachment, violation or impairment, Tenant shall, at its sole cost and expense, subject to its right to contest the existence of any encroachment, violation or impairment in accordance with the provisions of Article ARTICLE 8, either (a) obtain valid and effective waivers or settlements of all claims, liabilities and damages resulting from each such encroachment, violation or impairment, whether the same shall affect Landlord or Tenant, or (b) make such changes in the Leased Improvements and take such other actions, as are reasonably practicable necessary to remove such encroachment, encroachment and to end such violation or impairment, including, if necessary, the alteration of any of the Leased Improvements and, in any event, take all such actions as may be necessary in order to ensure the continued operation of the Leased improvements Facility for the Primary Intended Use substantially in the manner and to the extent the Leased Improvements were such Facility was operated prior to the assertion of such violation, impairment or encroachment. Any such alteration shall be made in conformity with the applicable requirements of this Article ARTICLE 5. Tenant's obligations under this Section SECTION 5.4 shall be in addition to and shall in no way discharge or diminish any obligation of any insurer under any policy of title or other insurance.

Encroachments, Restrictions, Etc. If any of the Leased Improvements on the applicable Leased Property shallImprovements, at any time, materially encroach upon any property, street or right-of-way adjacent to such the Leased Property, or shall violate the agreements or conditions contained in any lawful restrictive covenant or other agreement affecting such the Leased Property, or any part thereof, or shall impair the rights of others under any easement or right-of-way to which such the Leased Property is subject, then promptly upon the request of Landlord (but only as to any encroachment, violation Operating Lessor or impairment that is not a Permitted Encumbrance) or at the behest of any Person affected by any such encroachment, violation or impairment, Tenant shallOperating Lessee shall cooperate with Operating Lessor, at its sole cost and Operating Lessor's expense, subject to its any title insurance insuring against such matter and any right to contest the existence of any encroachment, violation or impairment and, in accordance with such case, in the provisions event of Article 8an adverse final determination, either (a) obtain valid and effective waivers or settlements of all claims, liabilities and damages resulting from each such encroachment, violation or impairment, whether the same shall affect Landlord Operating Lessor or TenantOperating Lessee, or (b) make such changes in the Leased Improvements Improvements, and take such other actions, as are reasonably practicable to remove such encroachment, and to end such violation or impairment, including, if necessary, the alteration of any of the Leased Improvements andImprovements, and in any event, event take all such actions as may be necessary in order to ensure be able to continue the continued operation of the Leased improvements Improvements for the Primary Intended Use substantially in the manner and to the extent the Leased Improvements were operated prior to the assertion of such violation, impairment or encroachment. Any such alteration alterations shall be made by Operating Lessee in conformity with the applicable requirements of this Article 5. Tenant's obligations under this Section 5.4 shall be in addition to and shall in no way discharge or diminish any obligation of any insurer under any policy of title or other insurance8.