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this Article. 200702101 [>.RTICLE)(xU - TAX TREATMENT OF BUILDING 22.1 LESSOR hereby gives Lts consent and grants to LESSEE the right and privilege to apply, pursuant to the appropriate sections of the Internal .- Revenue Code and regulations thereunder, for any investment tax credit which may be aval.Lable on the Mid- Nebraska Quality Foods, Inc., building to be con- structed on the demised premises and the LESSOR agrees to execute all necessary documents as may be required to evidence the consent herein given. In addition LESSEE shall be entitled to all tax consequences flowlng from the cons truction of said building including, but being not limited to such amortization and depreciation as may be allowed by law. ARTICLE XXrlI- CONTINGENCIES OF THIS LEASE 2'3.1 The obligation of LESSEE to perform in accordance with the termS of this lease is contingent upon lESSEE obtaining the follow items: (a) A lot survey by such surveyor and in ,;uch form as is satis- factory to LESSEE; (b) LESSEE securing a building pa- mit from the City of Grand Is land to build a Wendy's Old Fashioned Hamburger unit; (c) Availability of the utilities necessary for standard Wendy's Old Fashioned Hamburger building; (d) Proper zoning of the site by the City of Grand Island to permit construction of a Wendy's OLd Fashioned Hamburger building; (e) Determination by LESSEE that there are no easements or re- strictions that will prohibit the intended usage and the construction and operation of a Wendy's Old Fashioned Hamburger building. (f) Soil test acceptable to LESSEE; (g) APproval of this Lease and 1110sin9 of a construction loan acceptable to LESSEE with the First National Bank of Grand Island. Nebraska; (h) LESSOR shall cause the used car dealer presently situtated on the subject premises to v~cate uy june 1, 1977. .. ~~.~------..---..-~._- accordance with local abstracting standards showing marketable title in LESSOR. (1) An abstract of title extend9d to this date certified In ---" -------~_.~. -~-- ~~. lV~~ \ -11- cf1;