Agenda - Economic Development Authority - 05/24/2005

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Tenant, in which Landlord shall have no interest, and may be modified or removed by Tenant at any time provided that Tenant shall repair and restore on a timely basis any and all damage to the Project resulting from the installation, modification or removal of any such items. Nothing in this Lease shall prevent Tenant from purchasing items to be installed pursuant to this section under a conditional sale or lease-purchase contract, or subject to a vendor's lien or security agreement, as security for the unpaid portion of the purchase price thereof, or from entering into any other loan agreement secured by a lien or security interest in such property provided that no such lien or security interest shall attach to any part of the Project. Landlord and the Trustee shall, at the request and expense of Tenant, execute such releases and other documents as Tenant reasonably determines .is necessary to facilitate such purchase or loan and as are consistent with the rights of the parties under this Lease; and as a condition to executing such documents, Landlord and the Trustee may requke and in good faith conclusively rely upon a written statement of Tenant that the documents comply with the provisions of-this section. Section 8.5. ' Modification of Proiect. Subject to Tenant's rights under Section 8.4, Tenant shall, at its own expense, have the right to make repairs to the Prqject, and to make repairs, replacements, substitutions and modifications to all or any of the parts thereof. All such work and any part or component used or installed to make a repair or as a replacement, substitution or modification, shalI the/:eafter comprise part of the Project and be subject to the provisions of this Lease. Such work shall not in any way damage the Project or cause it to be used for purposes other than those authorized under the provisions of State and Federal Law or those contemplated by this Lease; and the Project, upon completion ofahy such work shall be of value wkich is not less than the value of the Project prior to the commencement of such work. Any property for which a replacement or substitution is made pursuant to this section may be disposed of by Tenant in such manner and on such terms as are determined by Tenant. Landlord shall also at Tenant's expense execute such other releases from the provisions of the Lease for any replacement equipment as Tenant may reasonably request. For purposes of executing any such amendment or document, Landlord may require and in good faith conclusively rely upon a writ-ten statement of Tenant that such amendment or document complies with the provisions of this section. Section 8.6. Easements and.Utility Access. Tenant may, at Tenant's expense, at any time and from time to time request Landlord ~to convey an easement affecting the Land to a corporate utility or public body, or any other ~erson, upon writ-ten certification by an Independent Engineer that in its opinion the easement is necessary or desirable tO provide road or other access or utility service for the Project or other property and will not impair the usefulness of the Project for the purposes contemplated in this Lease and will not destroy the means of ingress therefrom and egress therefi'om. No such easement shall result in any abatement of rents or other sums payable by Tenant under this Lease. Landlord will execute the easement and will join in the execution of a supplement to this Lease and the' Ground Lease, providing for the subordination of this Lease and the Ground Lease to any such easement; but the subordination shall not become effective until the following items are filed with, andTor where applicable, ' executed by, the Landlord: (1) a copy of the easement (or if Section 8.7 is applicable, release) executed or to be executed by Landlord; 42 1763908vl 26