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HomeMy WebLinkAbout1458 • 'a,i - • s ' ~ . . ~ . •Y ~ . ` ~ , . , ~ ' - ~ . _ . . . . . _ . .~,.~1 h~1t224 I~+;~'c iri~~i D~ ~s~~ 20 ~ . (e) Removal of Improvemenfs. The Company may remove from . the Lessed Premises from time to tim~ any improvements (which . term for the pnrposea of this Lease shall inclnde Rithont limiting the generality of anch term, streete, sidings, fonndations, tanks, strnctares, - pipes, utilities, materfals, machinery, eqnipment, fiztnres, works, in- atrnmentalitiea snd other property of every kind eacept land or inter- ests therein, whether above, at or below gronnd level) constituting a p~rt of the Leased Premises and thereby acqnire ownership thereof free and clear of tLis Lease and tLe lien of tbe Indenture in any case where (i) snch improvements are replaced, or snbstitutiou therefor is made directly or indirectly, by improvements then Laving snbstantially eqnivalent or greater market valne, or (u) in the opinion of the Company, anch imprnvementa are worn ont, obaolete, nnserviceable, ; economically ~desirable, or not nsefnl in the operation of the Leased Parcel npon which snch improvements are located, or (iu) the re- moval of snch improvement8 after giving effect to any replacement or I snbstitntion tberefor will not anbstantially diminish tLe aggregate ' fair market valne or eeonomio ntility of the prineipal facilities on the ~ Leased Premisee or reaeonable ingreas and egress, of the character f ; contemplated in Paragraph 12(a), in connection therewith. The Trus- tee, in accordance with the Indentvre, nnd Properties shall promptlp ~ take snch steps as mas be reqnired in the opinion of connsel to tbe Company to release sucli improvementg from the lien of the Inden- tnre and consent to appropriate amendments of this Lease. No later than 90 days after the end of each calendar year dnring the Lease Term, the Companp shall fnrnish to Properties and the Trnstee an og'icer's certificate anmmarizing tLe action taken Uy the CompAn` pursnant to this Paragraph 12(e) dnring such calendar pear and such certificatc ~ shall be acconipanied by Gueh documentg as m:ip be reqi~ired to con~e~ _ ~ title to the snbstituted property to Properties, sub~ect, however, to the x provisions of this Lease and the Indentnre ; provided, bowe~~er, that ~ nothing herein sLall reqnire the filing of snch a certificate or accompany- • ~ in documents of conveyance in respect of any period to be corered ~ 6 ~ by snch a certificate ae to improvements the cost of whicL to the Coni- ~ pany neither egceeds $1,000,000 in the aggregate dnring snch period _ ~ nor eaceeds $10,000 in the case of any single improvement (snch ~ limita on coat being subject to increa~e b~ the Company from time to ~ . ~ ~ r ~ ; ~~y31;~, ~~~;,:14~~ uE~U Irt.c,UkU~ ~l~v.. ~ Y~L142~ Gd(.F [~~l:i