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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 <br /> 14 <br /> 191A52V1656915.8 <br /> OAK#4834-9609-1684 v1 I <br />