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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 />the Land or the Leased Premises from mechanics' liens or other claims. In addition, but subject <br />to the paragraph above, the Lessee shall make, or cause to be made, prompt payment of all <br />monies due and legally owing to all persons doing any work or furnishing any materials or <br />supplies to the Lessee, or any of its respective contractors or subcontractors in connection with <br />the Leased Premises and the Project. The provisions of this Section shall survive the expiration <br />or termination of this Lease. <br />10 <br />OAK #4823-7863-2026 v2 <br />