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<br />4859-3312-3005v4
<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 days’ written notice to Lessee, discharge such lien,
<br />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 />Section 3.3 Permits, Licenses and Easements. Lessor agrees to use reasonable efforts
<br />to assist Lessee in obtaining any and all permits, licenses, easements and other
<br />authorizations required by any Governmental Authority with respect to any
<br />construction or other work to be performed on the Leased Premises and to grant, or
<br />to assist Lessee in obtaining, as applicable, all permits, licenses, easements and
<br />other governmental authorizations that are necessary or helpful for electric,
<br />telephone, gas, cable television, water, sewer, drainage, access and such other
<br />public or private utilities or facilities as may be reasonably necessary or desirable
<br />in connection with the operation of the Improvements. Payment of all fees, costs
<br />and expenses associated with any of the foregoing shall be the responsibility of
<br />Lessee, and Lessor shall have no responsibility to pay any such fees, costs or
<br />expenses.
<br />Page 90 of 428
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