Non-Capital Additions. The Lessee shall have the obligation and right to make repairs, replacements and alterations which are not Capital Additions as required by the other Sections of this Lease, but in so doing, the Lessee shall always comply with and satisfy the conditions of Sections 9.2.1, 9.2.5 and 9.4, mutatis, mutandis. The Lessee shall have the right, from time to time, to make additions, modifications or improvements to the Leased Property which do not constitute Capital Additions or Material Structural Work as it may deem to be desirable or necessary for its uses and purposes, subject to the same limits and conditions imposed under Sections 9.2.1, 9.2.5 and 9.4. The cost of any such repair, replacement, alteration, addition, modification or improvement shall be paid by the Lessee and the results thereof shall be included under the terms of this Lease and become a part of the Leased Property, without payment therefor by the Lessor at any time. Notwithstanding the foregoing, all such additions, modifications and improvements which affect the structure of any of the Leased Improvements, or which involve the expenditure of more than FIFTY THOUSAND DOLLARS ($50,000.00), shall be undertaken only upon compliance with the provisions of Section 13.1, all Legal Requirements and all other applicable requirements of this Lease; provided, however, that in the event of a bona fide emergency during which the Lessee is unable to contact the appropriate representatives of the Lessor, the Lessee may commence such additions, modifications and improvements as may be necessary in order to address such emergency without the Lessor's prior approval, as long as the Lessee immediately thereafter advises the Lessor of such emergency and the nature and scope of the additions, modifications and improvements performed and obtains the Lessor's approval of the remaining work to be completed.
Non-Capital Additions. Tenant shall have the right, at Tenant's sole cost and expense, without Landlord consent, to make additions, modifications or improvements to the Leased Property which are not Capital Additions ("Non-Capital Additions") from time to time as Tenant, in its sole discretion, may deem desirable for the applicable Intended Use provided that any such Non-Capital Addition will not materially alter the character or purpose or materially detract from the value or operating efficiency of the Leased Property.
Non-Capital Additions. Tenant shall have the right, at Tenant's sole cost and expense, to make additions, modifications or improvements to the Collective Leased Properties which are not Capital Additions ("NON-CAPITAL ADDITIONS") from time to time as Tenant, in its discretion, may deem desirable for the applicable Primary Intended Use, provided that any such Non-Capital Addition will not materially detract from the value, operating efficiency or revenue-producing capability of the applicable Leased Property or adversely affect the ability of Tenant to comply with the provisions of this Agreement, and, without limiting the foregoing, will not violate any Legal Requirement or Insurance Requirement applicable to the applicable Leased Property. All such Non-Capital Additions shall, upon expiration or earlier termination of this Agreement, pass to and become the property of Landlord, free and clear of all liens and encumbrances, other than Permitted Encumbrances.
Non-Capital Additions. Tenant shall have the right to make additions, modifications or improvements to the Property which are not Capital Additions from time to time as it, in its reasonable discretion, may deem to be desirable for the Property's uses and purposes permitted hereunder, provided that such action does not (i) significantly and adversely alter the character or purpose or detract in any manner from the value or operating efficiency of the Property, (ii) significantly impair the revenue-producing capability of the Property, (iii) materially and adversely affect the ability of Tenant to comply with the provisions of this Lease, or (iv) result in a violation of any of the provisions of this Lease (including, but not limited to Articles XII or XXIX), and provided that, if the cost of such non-capital additions, modifications or improvements exceed $200,000 in any 12-month period, Tenant gives Landlord ten days' prior Notice of such addition, modification or improvement. The cost of such non-capital additions, modifications or improvements to the Property shall be paid by Tenant, and all such non-capital additions, modifications and improvements shall, without payment by Landlord at any time, be included under the terms of this Lease, and upon expiration or earlier termination of this Lease shall pass to and become the property of Landlord.
Non-Capital Additions. Tenant shall have the right, at Tenant's sole cost and expense, to make additions, modifications or improvements to the Leased Property which are not Capital Additions ("Non-capital Additions") from time to time as Tenant, in its reasonable discretion, may deem desirable for the Primary Intended Use, provided that such action will not adversely alter the character or purpose or detract from the value, operating efficiency or revenue-producing capability of the Leased Property, or adversely affect the ability of Tenant to comply with the provisions of this Lease. All such Non-Capital Additions shall,- upon expiration or earlier termination of this Lease, become the property of Landlord, free and clear of all encumbrances other than Permitted Encumbrances.
Non-Capital Additions. Tenant shall have the right to make --------------------- additions, modifications or improvements to any Leased Property which are not Capital Additions from time to time as it, in its discretion, may deem to be desirable for its uses and purposes, provided that such action will not alter the character or purpose or detract from the value or operating efficiency thereof and will not impair the revenue producing capability of the Leased Property or adversely affect the ability of the Tenant to comply with the provisions of this Lease. The cost of such non-Capital Additions, modifications or improvements to the Leased Property shall be paid by the Tenant, and all such non-Capital Additions, modifications and improvements shall, without payment by Lessor at any time, be included under the terms of this Lease and upon expiration or earlier termination of this Lease shall pass to and become the property of Lessor free and clear of all encumbrances, other than Permitted Encumbrances. There shall be no adjustment in the Minimum Rent by reason of any non-Capital Addition.
Non-Capital Additions. Tenant shall have the right to make additions, modifications or improvements to the Property which are not Capital Additions from time to time as it, in its reasonable discretion, may deem to be desirable for the Property's uses and purposes permitted hereunder, provided that such action does not (i) significantly and adversely alter the character or purpose or detract in any manner from the value or operating efficiency of the Property, (ii) significantly impair the revenue-producing capability of the Property, or (iii) materially and adversely affect the ability of Tenant to comply with the provisions of this Lease, and provided that, if the cost of such non-capital additions, modifications or improvements exceed $200,000, Tenant gives Landlord ten days' prior Notice of such addition, modification or improvement. The cost of such non-capital additions, modifications or improvements to the Property shall be paid by Tenant, and all such non-capital additions, modifications and improvements shall, without payment by Landlord at any time, be included under the terms of this Lease, and upon expiration or earlier termination of this Lease shall pass to and become the property of Landlord.
Non-Capital Additions. Lessee shall have the right to make alterations, additions, modifications or improvements to the Leased Property which are not Capital Additions from time to time as it may deem to be desirable or necessary for its uses and purposes, but in so doing, Lessee shall always comply with and satisfy the conditions of Section 9.2.5. The cost of such non-Capital Additions, alternations, modifications or improvements to the Leased Property shall be paid by Lessee, and all such non-Capital Additions, modifications and improvements shall, without payment by Lessor at any time, be included under the terms of this Lease and become a part of the Leased Property and upon expiration or earlier termination of this Lease shall pass to and become the property of Lessor. Notwithstanding the foregoing, all such alterations, additions, modifications and improvements which affect the structure of the Facility, or which involve the expenditure of more than $5,000,000 shall be undertaken only upon 37 48 compliance with the provisions of Section 14.1.3 and all Legal Requirements and all other requirements of this Lease (excluding, however, those provisions relating to Lessor financing of Capital Additions). Lessor shall grant easements for roads, utilities and rights of way as are reasonably necessary for any Capital Addition or other work performed by Lessee under this Lease provided that such easement shall not have a Material Adverse Effect on the Leased Property or any portion thereof.
Non-Capital Additions. 14 9.5 SALVAGE . . . . . . . . . . . . . . . . . . . . 14 ARTICLE X LIENS . . . . . . . . . . . . . . . . . . . . . 14 ----- ARTICLE XI PERMITTED CONTESTS . . . . . . . . . . . . . . . 15 ------------------
Non-Capital Additions. Lessee shall have the right and the obligation to make additions, modifications or improvements to the Leased Property which are not Capital Additions, including tenant improvements made in connection with the Tenant Leases, from time to time as may reasonably be necessary for its uses and purposes and to permit Lessee to comply fully with its obligations set forth in this Lease; provided that such action will be undertaken expeditiously, in a workmanlike manner and will not significantly alter the character or purpose or detract from the value or operating efficiency of the Leased Property and will not significantly impair the revenue producing capability of the Leased Property or adversely affect the ability of Lessee to comply with the provisions of this Lease. Title to all non- Capital Additions, modifications and improvements shall, without payment by Lessor at any time, be included under the terms of this Lease and, upon expiration or earlier termination of this Lease, shall pass to and become the property of Lessor.
