Notwithstanding the foregoing, Landlord shall not request financial statements more than once in each consecutive one (1) year period during the Term unless (i) Tenant is in default, or (ii) requested (a) in connection with a proposed sale or transfer of the Building by Landlord, or (b) by an investor of Landlord, any Landlord Entity or any lender or proposed lender of Landlord or any Landlord Entity.
In addition, if as of the date of any Casualty, any Landlord Entity desires in good faith to reoccupy any separately demised portion of the Premises damaged by the applicable Casualty for its or their personal use, then Landlord may terminate this Lease as to any of such separately demised portion(s) of the Premises (or, terminate this Lease in its entirety, if such Casualty affects all separately demised portions of the Premises).
Developer or the Landlord Entity will bear all costs associated with the initial construction of the Arbor Trails Chuys and the installation of the FF&E therein.
Solely in order to cause Article 10 of the Original Lease to comply with the "Fair Notice" and *"Express Negligence" requirements of Texas law, and not intending to make any substantive change, Article 10 of the Original Lease is hereby modified by inserting, at the end of the first Amendment2 sentence: ", even if attributable to the negligence of Land lord or any Landlord Entity".
The Landlord Entity will assign to the Company all construction and FF&E warranties upon the Delivery Date and thereafter the Company will be responsible for all costs of maintenance, repair, ownership and/or occupancy of the Arbor Trails Chuys.