Laserfiche WebLink
<br />(c) Lessee represents that it has no present intention to sell, lease or otherwise dispose of any <br />interest in the Project. Furthermore, Lessee shall not transfer or dispose of all or any portion of the <br />Project except as permitted in Section 4.09 below. <br /> <br />Section 4.03. Access to the Building. Lessee shall have the right throughout the Lease Term of <br />ingress to and egress from the Land by way of the existing access on Orono Road. <br /> <br />Section 4.04. Signage. Lessee shall install and maintain at Lessee's sole expense, one or more <br />name identification signs for the Building as may be reasonably necessary or appropriate to identify <br />services provided, ingress and egress points and service areas on the Building. All signs installed and <br />maintained by Lessee shall be in compliance with all legal requirements and shall be subject to Lessor's <br />prior approval, which approval shall not be unreasonably withheld or delayed. The cost of installation of <br />signs installed as of the Completion Date shall be a Project Cost within the meaning of this Lease. <br /> <br />Section 4.05. Waste. Nuisance, Deficiencies Prohibited. Lessee shall not commit any waste on <br />the Building, or any nuisance or illegal act affecting the interest of Lessor. Lessor shall not commit any <br />waste, or any nuisance or illegal act affecting the use and enjoyment of the Building by Lessee. <br /> <br />Section 4.06. Maintenance and Modification of the Pro;ect. (a) Generally. Throughout the <br />Lease Term, Lessee shall keep and maintain the Project in good condition and repair, including <br />replacements and capital improvements as may be reasonably necessary (i) to ensure the structural <br />integrity of the Facilities, including without limitation foundation, walls, roof and heating and ventilation <br />systems ("Structural Improvements"); and (ii) to support any changes in programming necessary to <br />maintain standards of programming at similar YMCA facilities in the Minneapolis-St. Paul metropolitan <br />area ("Programming Improvements"). The term Structural Improvements excludes all Lessee Equipment, <br />except and to the extent the Lessee Equipment substitutes for or replaces Equipment in accordance with <br />Section 9.02(a) hereof. The term Programming Improvements excludes all Lessee Equipment. <br /> <br />(b) Structural Improvements. Prior to commencing any Structural Improvements, Lessee <br />shall submit to Lessor plans and specifications for the proposed Structural hnprovements together with <br />Lessee's estimate of the cost and the useful life of the proposed improvement. Ifthe useful life of the <br />proposed Structural hnprovements (as mutually determined by Lessor and Lessee in accordance with <br />federal tax principles) extends beyond the Initial Lease Term, Lessee shall not undertake such Structural <br />Improvements without written approval by Lessor. Lessor's approval shall be limited to the quality, <br />structural integrity, and cost of the Structural Improvement and will not be unreasonably withheld or <br />delayed. Lessee shall make no material changes to plans for any Structural hnprovements after approval <br />by Lessor. The following additional provisions govern Structural Improvements: <br /> <br />(i) If Lessor terminates this Lease under Section 11.01 hereof prior to expiration of <br />the useful life of any Structural Improvements constructed under this paragraph, Lessor shall <br />reimburse Lessee for the value of the useful life of the Structural Improvement remaining after <br />termination of this Lease. The value of the remaining useful life will be calculated based on the <br />approved cost of the Structural Improvement divided by the total number of months of useful life <br />of that improvement, multiplied by the number of months of useful life remaining after the <br />effective date of termination of this Lease. The number of months shall be rounded off to the <br />nearest whole month. Lessor shall pay any amount due under this clause upon delivery by Lessor <br />of the notice of termination of this Lease. <br /> <br />(ii) If Lessee terminates this Lease under Section 11.01 hereof prior to expiration of <br />the approved useful life of any Structural Improvements constructed under this paragraph, Lessor <br /> <br />13 <br />