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ARTICLE VIII ASSIGNMENT, SUBLEASING AND AMENDMENT Section 8.1. Assignment by the Authority. The Authority's rights under this Lease Agreement, including the right to receive and enforce payment of the Lease Payments to be made by the City under this Lease Agreement, have been assigned to the Assignee, pursuant to the Assignment Agreement and the City hereby consents to such assignment. Section 8.2. Assignment and Subleasing by the City. This Lease Agreement may not be assigned by the City. The City may not sublease the Property or any portion thereof. Section 8.3. Amendment of Lease Agreement. (a) Substitution of Site or Improvements. The City shall have, and is hereby granted, the option at any time and from time to time during the Term of the Lease Agreement to substitute other land (a "Substitute Site") and/or a substitute facility or substitute Improvements (a "Substitute Improvements") for the Site (the "Former Site"), or a portion thereof, and/ or the Improvements (the "Former Improvements"), or a portion thereof, provided that the City shall satisfy all of the following requirements (to the extent applicable) which are hereby declared to be conditions precedent to such substitution: (i) If a substitution of the Site, the City shall file with the Authority and the Assignee an amended Exhibit A to the Site Lease which adds thereto a description of such Substitute Site and deletes therefrom the description of the Former Site; (ii) If a substitution of the Site, the City shall file with the Authority and the Assignee an amended Exhibit B to this Lease Agreement which adds thereto a description of such Substitute Site and deletes therefrom the description of the Former Site; (iii) If a substitution of the Improvements, the City shall file with the Authority and the Assignee an amended Exhibit B to the Site Lease which adds thereto a description of such Substitute Improvements and deletes therefrom the description of the Former Improvements; (iv) If a substitution of the Improvements, the City shall file with the Authority and the Assignee an amended Exhibit C to this Lease Agreement which adds thereto a description of such Substitute Improvements and deletes therefrom the description of the Former Improvements; (v) The City shall certify in writing to the Authority and the Assignee that such Substitute Site and/or Substitute Improvements serve the purposes of the City, constitutes property that is unencumbered, subject to Permitted Encumbrances, it is a legal parcel, has access to a physically open street and constitutes property which the City is permitted to lease under the laws of the State; -18- JT25S-37