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<br />(vi) The City delivers to the Assignee and the Authority evidence that the <br />Substitute Site andj or Substitute Improvements are of equal or greater value than the <br />Former Site and Former Improvements; <br /> <br />(vii) The Substitute Site andj or Substitute Improvements shall not cause the City <br />to violate any of its covenants, representations and warranties made herein; <br /> <br />(viii) The City shall obtain an amendment to the title insurance policy required <br />pursuant to Section 5.6 hereof which adds thereto a description of the Substitute Site <br />and deletes therefrom the description of the Former Site; <br /> <br />(ix) The City shall certify that the Substitute Site andj or the Substitute <br />Improvements is of the same or greater essentiality to the City as was the Former Site <br />andj or the Former Improvements; <br /> <br />(x) The City shall have received the prior written consent of the Assignee to such <br />substitution; and <br /> <br />(xi) The City shall furnish the Authority and the Assignee with a written opinion <br />of nationally-recognized bond counsel, which shall be an Independent Counsel, stating <br />that such substitution does not cause the interest components of the Lease Payments to <br />become subject to federal income taxes or State personal income taxes. <br /> <br />(b) Release of Site. The City shall have, and is hereby granted, the option at any time and <br />from time to time during the Term of the Lease Agreement to release any portion of the Site, <br />provided that the City shall satisfy all of the following requirements which are hereby declared <br />to be conditions precedent to such release: <br /> <br />(i) The City shall file with the Authority and the Assignee an amended Exhibit A <br />to the Site Lease which describes the Site, as revised by such release; <br /> <br />(ii) The City shall file with the Authority and the Assignee an amended Exhibit B <br />to this Lease Agreement which describes the Site, as revised by such release; <br /> <br />(iii) The City delivers to the Assignee and the Authority evidence that the Site, as <br />revised by such release, is a legal parcel, has access to a physically open street and is of a <br />value at least equal to the value of the Site as of the Closing Date; <br /> <br />(iv) Such release shall not cause the City to violate any of its covenants, <br />representations and warranties made herein; <br /> <br />(v) The City shall obtain an amendment to the title insurance policy required <br />pursuant to Section 5.6 hereof which describes the Site, as revised by such release; and <br /> <br />(vi) The City shall have received the prior written consent of the Assignee to <br />such release; and <br /> <br />-19- <br />