BE REQUIRED BY THE SEC, TENANT SHALL
PROVIDE TO LANDLORD, THE MOST CURRENTLY AVAILABLE AUDITED FINANCIAL STATEMENTS
OF MQ ASSOCIATES, INC.; AND IF NO SUCH AUDITED FINANCIAL STATEMENTS ARE
AVAILABLE, THEN TENANT SHALL INSTEAD DELIVER TO LANDLORD MQ ASSOCIATES, INC.'S
MOST CURRENTLY AVAILABLE UNAUDITED BALANCE SHEET AND INCOME STATEMENT.
FURTHERMORE, UPON THE DELIVERY OF ANY SUCH FINANCIAL STATEMENTS FROM TIME TO
TIME DURING THE TERM, TENANT SHALL BE DEEMED TO AUTOMATICALLY REPRESENT AND
WARRANT TO LANDLORD THAT THE FINANCIAL STATEMENTS DELIVERED TO LANDLORD ARE
TRUE, ACCURATE AND COMPLETE, AND THAT THERE HAS BEEN NO ADVERSE CHANGE IN THE
FINANCIAL CONDITION OF MQ ASSOCIATES, INC. SINCE THE DATE OF THE THEN-APPLICABLE
FINANCIAL STATEMENTS.
ANY FINANCIAL INFORMATION PROVIDED TO LANDLORD PURSUANT
TO THIS SECTION 23.13 SHALL BE SUBJECT TO THE CONFIDENTIALITY PROVISIONS OF
SECTION 23.14.
23.14.
CONFIDENTIAL INFORMATION.
TENANT AGREES TO MAINTAIN IN STRICT
CONFIDENCE THE ECONOMIC TERMS OF THIS LEASE AND ANY OR ALL OTHER MATERIALS, DATA
AND INFORMATION DELIVERED TO OR RECEIVED BY ANY OR ALL OF TENANT AND TENANTS'
PARTIES EITHER PRIOR TO OR DURING THE TERM IN CONNECTION WITH THE NEGOTIATION
AND EXECUTION HEREOF; PROVIDED, HOWEVER, THAT TENANT MAY DISCLOSE SUCH ITEMS OR
INFORMATION IF REQUIRED TO DO SO BY LAW OR ANY OTHER GOVERNMENTAL RULE OR
REGULATION.
THE PROVISIONS OF THIS SECTION 23.14 SHALL SURVIVE THE TERMINATION
OF THIS LEASE FOR A PERIOD OF ONE (1) YEAR.
23.15.
SUBMISSION OF LEASE.
SUBMISSION OF THIS LEASE TO TENANT FOR
SIGNATURE DOES NOT CONSTITUTE A RESERVATION OF SPACE OR AN OPTION TO LEASE.
THIS LEASE IS NOT EFFECTIVE UNTIL EXECUTION BY AND DELIVERY TO BOTH LANDLORD AND
TENANT.
23.16.
LIEN PROHIBITION.
TENANT SHALL NOT PERMIT ANY MECHANICS OR
MATERIALMEN'S LIENS TO ATTACH TO THE PREMISES OR THE PROPERTY.
TENANT, AT ITS
EXPENSE, SHALL PROCURE THE SATISFACTION OR DISCHARGE OF RECORD OF ALL SUCH LIENS
AND ENCUMBRANCES WITHIN THIRTY (30) DAYS AFTER THE FILING THEREOF; OR, WITHIN
SUCH THIRTY (30) DAY PERIOD, TENANT SHALL PROVIDE LANDLORD, AT TENANT'S SOLE
EXPENSE, WITH ENDORSEMENTS (REASONABLY SATISFACTORY, BOTH IN FORM AND SUBSTANCE,
TO LANDLORD AND THE HOLDER OF ANY MORTGAGE OR DEED OF TRUST) TO THE EXISTING
TITLE INSURANCE POLICIES OF LANDLORD AND THE HOLDER OF ANY MORTGAGE OR DEED OF
TRUST, INSURING AGAINST THE EXISTENCE OF, AND ANY ATTEMPTED ENFORCEMENT OF, SUCH
LIEN OR ENCUMBRANCE.
IN THE EVENT TENANT HAS NOT SO PERFORMED, LANDLORD MAY, AT
ITS OPTION, PAY AND DISCHARGE SUCH LIENS AND TENANT SHALL BE RESPONSIBLE TO
REIMBURSE LANDLORD, ON DEMAND AND AS ADDITIONAL RENT UNDER THIS LEASE, FOR ALL
COSTS AND EXPENSES INCURRED IN CONNECTION THEREWITH, TOGETHER WITH DEFAULT
INTEREST THEREON, WHICH EXPENSES SHALL INCLUDE REASONABLE FEES OF ATTORNEYS OF
LANDLORD'S CHOOSING, AND ANY COSTS IN POSTING BOND TO EFFECT DISCHARGE OR
RELEASE OF THE LIEN AS AN ENCUMBRANCE AGAINST THE PREMISES OR THE PROPERTY.
23.17.
COUNTERPARTS.
THIS LEASE MAY BE EXECUTED IN MULTIPLE COUNTERPARTS,
BUT ALL SUCH COUNTERPARTS SHALL TOGETHER CONSTITUTE A SINGLE, COMPLETE AND
FULLY-EXECUTED DOCUMENT.
23.18.
EXCLUSIVE DIAGNOSTIC IMAGING PROVIDER.
TENANT SHALL BE THE EXCLUSIVE
PROVIDER