SO ELECT,
DIRECTLY TO ANY OTHER PERSON PERFORMING THE REQUIRED WORK) AND, UPON SUCH
DISBURSEMENT, THE MINIMUM RENT SHALL BE ADJUSTED AS PROVIDED IN SECTION
3.1.1(B).
NOTWITHSTANDING THE FOREGOING, LANDLORD MAY ELECT NOT TO DISBURSE
SUCH REQUIRED FUNDS TO TENANT; PROVIDED, HOWEVER, THAT IF LANDLORD SHALL ELECT
NOT TO DISBURSE SUCH REQUIRED FUNDS AS AFORESAID, TENANT'S OBLIGATION TO MAKE
SUCH REQUIRED CAPITAL EXPENDITURE SHALL BE DEEMED WAIVED BY LANDLORD, AND,
NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY, TENANT
SHALL HAVE NO OBLIGATION TO MAKE SUCH CAPITAL EXPENDITURE.
5.1.3
NONRESPONSIBILITY OF LANDLORD, ETC.
ALL MATERIALMEN, CONTRACTORS,
ARTISANS, MECHANICS AND LABORERS AND OTHER PERSONS CONTRACTING WITH TENANT WITH
RESPECT TO THE LEASED PROPERTY, OR ANY PART THEREOF, ARE HEREBY CHARGED WITH
NOTICE THAT LIENS ON THE LEASED PROPERTY OR ON LANDLORD'S INTEREST THEREIN ARE
EXPRESSLY PROHIBITED AND THAT THEY MUST LOOK SOLELY TO TENANT TO SECURE PAYMENT
FOR ANY WORK DONE OR MATERIAL FURNISHED TO TENANT OR FOR ANY OTHER PURPOSE
DURING THE TERM OF THIS AGREEMENT.
33
Nothing contained in this Agreement shall be deemed or construed in any way as
constituting the consent or request of Landlord, express or implied, by
inference or otherwise, to any contractor, subcontractor, laborer or materialmen
for the performance of any labor or the furnishing of any materials for any
alteration, addition, improvement or repair to the Leased Property or any part
thereof or as giving Tenant any right, power or authority to contract for or
permit the rendering of any services or the furnishing of any materials that
would give rise to the filing of any lien against the Leased Property or any
part thereof nor to subject Landlord's estate in the Leased Property or any part
thereof to liability under any mechanic's lien law of any State in any way, it
being expressly understood Landlord's estate shall not be subject to any such
liability.
5.2
TENANT'S PERSONAL PROPERTY.
TENANT SHALL PROVIDE AND MAINTAIN (OR CAUSE TO
BE PROVIDED AND MAINTAINED) THROUGHOUT THE TERM ALL SUCH TENANT'S PERSONAL
PROPERTY AS SHALL BE NECESSARY IN ORDER TO OPERATE IN COMPLIANCE WITH APPLICABLE
MATERIAL LEGAL REQUIREMENTS AND INSURANCE REQUIREMENTS AND OTHERWISE IN
ACCORDANCE WITH CUSTOMARY PRACTICE IN THE INDUSTRY FOR THE PERMITTED USE.
5.3
YIELD UP.
UPON THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT,
TENANT SHALL REMOVE ALL OF TENANT'S PERSONAL PROPERTY (OTHER THAN THAT PURCHASED
BY LANDLORD PURSUANT TO ARTICLE 15) AND VACATE AND SURRENDER THE LEASED PROPERTY
TO LANDLORD IN SUBSTANTIALLY THE SAME CONDITION IN WHICH THE LEASED PROPERTY WAS
IN ON THE COMMENCEMENT DATE, EXCEPT AS REPAIRED, REBUILT, RESTORED, ALTERED OR
ADDED TO AS PERMITTED OR REQUIRED BY THE PROVISIONS OF THIS AGREEMENT,
REASONABLE WEAR AND TEAR EXCEPTED (AND CASUALTY DAMAGE AND CONDEMNATION, IN THE
EVENT THAT THIS AGREEMENT IS TERMINATED FOLLOWING A CASUALTY OR CONDEMNATION IN
ACCORDANCE WITH ARTICLE 10 OR ARTICLE 11, EXCEPTED).
In addition, upon the expiration or earlier termination of this Agreement,
Tenant shall, at Landlord's sole cost and expense, use its good faith efforts