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labor or material, or for any other charge or expense, lien or security interest incurred in
<br /> connection with Lessee's use of the Land, or the development, construction or operation of the
<br /> Improvements, or any change. alteration of addition thereto. Lessee shall have the right to
<br /> encumber Lessee's Estate with security instruments required in connection with the Approved
<br /> Loans, which Approved Loans shall not require the Lessor's consent, and with utility easements
<br /> and other customary easements necessary and incidental to the development, construction and
<br /> operation of the Improvements, provided that such easements are subject to the approval of
<br /> Lessor, which shall not be unreasonably withheld, conditioned or delayed.
<br /> The Lessee shall not create or permit or suffer to be created or to remain upon the
<br /> Lessor's Estate or any interest of Lessor in the Land or the Leased Premises, or upon the Leased
<br /> Premises, or any part thereof and will discharge, any lien, including, but not limited to. the liens
<br /> of mechanics, laborers, materialmen, suppliers or vendors for work or materials alleged to be
<br /> done or furnished in connection with the Leased Premises or the Project, or any part thereof. If
<br /> any claim of lien is filed against the Lessor's Estate or any interest of Lessor in the Land or the
<br /> Leased Premises, or a stop notice is served on any other lender or other third party in connection
<br /> with the Leased Premises or the Improvements, or upon the Leased Premises, or any part thereof,
<br /> then the Lessee shall, within twenty (20) days after such filing or service, either pay and fully
<br /> discharge the lien or stop notice. effect the release of such lien or stop notice by delivering to the
<br /> Lessor a surety bond in sufficient form and amount, or provide the Lessor with other assurance
<br /> satisfactory to the Lessor that the claim of lien or stop notice will be paid or discharged. If the
<br /> Lessee fails to discharge any lien, encumbrance, charge. or claim in the manner required in this
<br /> Lease, then in addition to any other right or remedy. the Lessor may (but shall be under no
<br /> obligation to) following not less than 10 business days' written notice to Lessee, discharge such
<br /> lien. encumbrance, charge. or claim at the Lessee's expense. Any expense incurred by Lessor
<br /> pursuant to this Section shall be immediately due and payable by Lessee to Lessor as Additional
<br /> Rent under this Lease. The Lessee shall have the right to contest in good faith and by
<br /> appropriate legal proceedings the validity or amount of any mechanics', laborers',
<br /> materialmen's, suppliers' or vendors' lien or claimed lien; provided that the Lessee shall utilize
<br /> all reasonable means (including the posting of adequate security for payment) to protect the
<br /> Leasehold Estate, the Lessor's Estate and any other interest of Lessor in the Land or the Leased
<br /> Premises against foreclosure. In addition to any other indemnities provided in this Lease, Lessee
<br /> shall indemnify, protect. defend (with counsel of Lessor's choosing), and hold harmless the
<br /> Indemnitees from any and all alleged or actual Claims arising by reason of a mechanic's lien or
<br /> work, labor, services, or materials supplied or claimed to have been supplied to Lessee or anyone
<br /> holding the Leased Premises or the Improvements, or any part thereof through or under Lessee.
<br /> Nothing in this Lease shall be construed as constituting the consent of the Lessor,
<br /> expressed or implied, to the performance of any labor or the furnishing of any materials or any
<br /> specific improvements, alterations of or repairs to the Leased Premises or the Project, or any part
<br /> thereof, by any contractor, subcontractor, laborer or materialman, nor as giving the Lessee or any
<br /> other person any right, power or authority to act as agent of or to contract for, or permit the
<br /> rendering of any services or the furnishing of any materials in such manner as would give rise to
<br /> the filing of mechanics' liens or other claims against the Lessor's Estate or any other interest of
<br /> Lessor in the Land or the Leased Premises. The Lessor shall have the right at all reasonable
<br /> times to post and keep posted on the Leased Premises any notices which the Lessor may deem
<br /> necessary for the protection of the Lessor and of Lessor's Estate or any other interest of Lessor in
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<br /> 191A52V1656915.8
<br /> OAK#4834-9609-1684 v1 I
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