WORK TO NOT LESS THAN THREE (3) CONTRACTORS, AND THE LOWEST QUALIFIED BID (AFTER
NECESSARY ADJUSTMENTS ARE MADE FOR EXCLUSIONS OR QUALIFICATIONS TO SUCH BIDS)
SHALL BE THE BASIS FOR THE DETERMINATION OF THE LANDLORD RESTORATION WORK COST.
WITHIN TEN (10) BUSINESS DAYS FOLLOWING TENANT'S RECEIPT OF THE LANDLORD
RESTORATION WORK NOTICE, TENANT SHALL PAY TO LANDLORD THE FULL AMOUNT OF SUCH
LANDLORD RESTORATION WORK COST.
PROVIDED THAT LANDLORD SHALL HAVE RECEIVED
TENANT'S PAYMENT OF THE LANDLORD RESTORATION WORK COST WITHIN SUCH TEN
(10) BUSINESS DAY PERIOD, TENANT SHALL HAVE NO FURTHER REMOVAL AND RESTORATION
OBLIGATIONS WITH RESPECT TO THE LANDLORD RESTORATION ITEMS.
NOTWITHSTANDING THE
FOREGOING PROVISIONS OF THIS SECTION 8.6, IN THE EVENT THAT TENANT PROPERLY
EXERCISES ITS OPTION TO EXTEND THE LEASE TERM FOR THE OPTION TERM PURSUANT TO
THE TERMS AND CONDITIONS SET FORTH IN SECTION 2.2, ABOVE, TENANT'S OBLIGATION TO
PAY THE LANDLORD RESTORATION WORK COST SHALL BE WAIVED; PROVIDED, HOWEVER, IN
THE EVENT THAT DESPITE TENANT'S EXERCISE OF ITS OPTION TO EXTEND THE LEASE TERM,
THE LEASE TERM IS NOT ACTUALLY EXTENDED FOR ANY REASON, THEN THE FOREGOING
WAIVER OF TENANT'S OBLIGATION TO PAY THE LANDLORD RESTORATION WORK COST SHALL
NOT APPLY AS OTHERWISE SET FORTH IN THIS SENTENCE.
NEITHER THE TERMS OF THIS
SECTION 8.6 OR THE TERMS OF SECTION 2.3 OF THE WORK LETTER SHALL APPLY TO
TENANT'S REMOVAL OBLIGATIONS WITH RESPECT TO ALTERATIONS, WHICH SHALL BE
GOVERNED BY THE TERMS AND CONDITIONS SET FORTH IN SECTION 8.5, ABOVE.
8.7
RECOGNITION OF LANDLORD'S NOTICE OF NONRESPONSIBILITY.
BEFORE
COMMENCING ANY SUCH WORK OR CONSTRUCTION IN OR ABOUT THE PREMISES (PROVIDED
TENANT HAS THERETOFORE OBTAINED LANDLORD'S CONSENT TO THE PARTICULAR ALTERATION
IF REQUIRED UNDER THIS LEASE), TENANT SHALL NOTIFY LANDLORD AT LEAST TWENTY (20)
DAYS IN ADVANCE IN WRITING OF THE EXPECTED DATE OF COMMENCEMENT THEREOF.
LANDLORD SHALL HAVE THE RIGHT AT ANY TIME AND FROM TIME TO TIME TO POST AND
MAINTAIN ON THE PREMISES SUCH NOTICES AS LANDLORD DEEMS NECESSARY TO PROTECT THE
PREMISES AND LANDLORD FROM THE LIENS OF MECHANICS, LABORERS, MATERIALMEN,
SUPPLIERS OR VENDORS.
IN THE EVENT THAT ANY LIENS ARE FILED AGAINST THE
PREMISES BY ANY MECHANICS, LABORERS, MATERIALMEN, SUPPLIERS OR VENDORS, TENANT
SHALL EXECUTE AND/OR CAUSE THE NECESSARY PARTIES TO EXECUTE SUCH LIEN RELEASES
AS MAY BE REQUESTED BY LANDLORD TO CLEAR SUCH LIENS FROM THE PREMISES.
IN
ADDITION,
23
TENANT COVENANTS AND AGREES THAT IT SHALL CAUSE ANY AND ALL CONTRACTORS OR OTHER
PARTIES ENGAGED BY TENANT IN CONNECTION WITH THE CONSTRUCTION OF ANY
ALTERATIONS, IMPROVEMENTS, MAINTENANCE, REPAIRS OR OTHER ITEMS TO TIMELY EXECUTE
AND DELIVER TO LANDLORD A WRITTEN ACKNOWLEDGMENT IN LANDLORD'S STANDARD FORM
WAIVING, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHTS GRANTED UNDER ANY
APPLICABLE OWNER'S PARTICIPATION DOCTRINE OR RELATED DOCTRINES, RULES, LAWS,
ORDINANCES, ETC. AND TO FURTHER ACKNOWLEDGE THAT LANDLORD'S NOTICE OF
NONRESPONSIBILITY (IN LANDLORD'S STANDARD FORM) IN CONNECTION THEREWITH HAS BEEN
VERIFIED, HAS BEEN PROPERLY POSTED, IS VALID AND ENFORCEABLE AGAINST SUCH
PARTY.
TENANT SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD