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http: / /www. usccb. org/issues and- action/human- life- and- dignity/health- care/ upload / Ethical - Religious - Directives- Catholic- Health -Care- Services- .fifth- edition-2009.pdf 5. Other Terms and Provisions. The Lease contains other terms and provisions which are not set forth herein but which are acknowledged by Landlord and Tenant, and reference is here made to the Lease for a complete statement thereof, including Tenant's right of first offer to purchase and develop the land more particularly described on Exhibit "2" to this Memorandum. 6. Memorandum; Counterparts. This Memorandum is executed for the purpose of being recorded in the office of the recorder where the Leased Ground is located to give notice of the existence of the Lease and the renewal options contained therein. In no event will this Memorandum be deemed to modify any of the terms and conditions of the Lease. This Memorandum may be executed in counterparts. At no time during such period will any building, edifice, enclosure, structure, machinery, tools, supplies or equipment be constructed, installed, stored, repaired, attached or placed upon any part of the Leased Ground that will be designed, constructed, intended to be used primarily for, or equipped primarily to carry on, any activity which is inconsistent with the ERDs. The initial determination of whether any use is inconsistent with the ERDs will be made by Landlord or CHI. If Tenant or any subtenant does not agree with such determination, Landlord and Tenant will appoint a qualified moral theologian or ethicist who will be deemed to have final authority to resolve the disputed issue, and the costs incurred to resolve such issue shall be borne by the non - prevailing party. (c) Assignment and Subletting. Tenant may not assign, sublet or pledge its interest in the Lease without Landlord's consent or enter into any agreement which could result in any lien upon the Leased Ground, except as set forth in the Lease. 4. Improvements. The improvements constructed on the Leased Ground are the property of Tenant and the same have been conveyed to Tenant by a Special Warranty Deed. Tenant, at its own costs and expense, shall maintain, repair and replace, or cause such to be done, to the Leased Ground, MOB and any other improvements thereon and appurtenances thereto and every part thereof, including without limitation all landscaping therein, in good order, condition and repair and in accordance with all applicable laws, rules, ordinances, orders and regulations of all governmental authorities. Tenant shall not suffer, create or permit any mechanic's liens or other liens to be filed against the fee of the Leased Ground nor against Tenant's leasehold interest in the land, nor any buildings or improvements on the Leased Ground, by reason of any work, labor, services or materials supplied or claimed to have been supplied to Tenant or anyone holding the Leased Ground or any part thereof through or under Tenant Pursuant to applicable law, Landlord's interest as herein described shall not be subject to liens for improvements made by Tenant or any subtenant. St. Francis Memorial Health Center, 2116 West Faidley Avenue, Grand Island, Nebraska 53258573 201604408