WORK IS PERFORMED IN ACCORDANCE WITH
SPECIFICATIONS AS THE EISCO-NJ PROPOSAL SET FORTH IN SCHEDULE D ATTACHED HERETO
(THE "OIL/WATER SEPARATOR WORK"), AND (II) PAVE THE CROSS-HATCHED/SHADED AREA OF
THE DEMISED PREMISES SHOWN ON SCHEDULE E ATTACHED HERETO USING A CONTRACTOR OF
LESSEE'S CHOOSING, TO THE MINIMUM SPECIFICATION OF 3 INCHES OF STONE AND GRAVEL
AND 2 INCHES OF TOP COURSE BITUMINOUS MATERIAL, PITCHED AWAY FROM THE EXISTING
BUILDING (THE "PAVING WORK"; THE OIL/WATER SEPARATOR WORK AND THE PAVING WORK
BEING COLLECTIVELY REFERRED TO HEREIN AS THE "WORK").
LESSOR AND LESSEE AGREE
THAT THE WORK SHALL BE COMPLETED BY LESSEE WITHIN FOUR (4) MONTHS FROM THE DATE
HEREOF, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS LEASE, SUBJECT TO
EXTENSIONS OF SUCH DATE BY REASON OF FORCE MAJEURE.
9
ARTICLE EIGHT
LIENS
SECTION 8.01.
LESSEE SHALL NOT SUFFER OR PERMIT ANY MECHANIC'S,
LABORER'S OR MATERIALMAN'S LIENS TO STAND AGAINST THE DEMISED PREMISES OR
IMPROVEMENTS, OR ANY PART THEREOF, OR AGAINST THE INTEREST OF LESSEE IN THE
DEMISED PREMISES BY REASON OF ANY WORK, LABOR, SERVICES OR MATERIALS DONE FOR,
OR SUPPLIED TO, OR CLAIMED TO HAVE BEEN DONE FOR, OR SUPPLIED TO, LESSOR'S
GRANTOR, LESSEE OR ANYONE HOLDING THE DEMISED PREMISES OR ANY PART THEREOF
THROUGH OR UNDER LESSEE. IF ANY SUCH LIEN SHALL AT ANY TIME BE FILED AGAINST THE
DEMISED PREMISES OR IMPROVEMENTS, OR ANY PART THEREOF, OR AGAINST THE INTEREST
OF LESSEE THEREIN, LESSEE SHALL CAUSE THE SAME TO BE DISCHARGED OF RECORD WITHIN
THIRTY (30) DAYS AFTER THE DATE OF FILING THE SAME, BY EITHER PAYMENT, DEPOSIT
OR BOND. IF LESSEE SHALL FAIL TO DISCHARGE ANY SUCH LIEN WITHIN SUCH PERIOD,
THEN, IN ADDITION TO ANY OTHER RIGHT OR REMEDY OF LESSOR, LESSOR MAY, BUT SHALL
NOT BE OBLIGATED TO, PROCURE THE DISCHARGE OF THE SAME EITHER BY PAYING THE
AMOUNT CLAIMED TO BE DUE BY DEPOSIT IN COURT OR BONDING, AND/OR LESSOR SHALL BE
ENTITLED, IF LESSOR SO ELECTS, TO COMPEL THE PROSECUTION OF AN ACTION FOR THE
FORECLOSURE OF SUCH LIEN BY THE LIENOR AND TO PAY THE AMOUNT OF THE JUDGMENT, IF
ANY, IN FAVOR OF THE LIENOR, WITH INTEREST, COSTS AND ALLOWANCES. ANY AMOUNT
PAID OR DEPOSITED BY LESSOR FOR ANY OF THE AFORESAID PURPOSES, AND ALL COSTS AND
OTHER EXPENSES OF LESSOR, INCLUDING REASONABLE COUNSEL FEES, IN DEFENDING ANY
SUCH ACTION OR IN OR ABOUT PROCURING THE DISCHARGE OF SUCH LIEN, WITH ALL
NECESSARY DISBURSEMENTS IN CONNECTION THEREWITH, TOGETHER WITH INTEREST THEREON
AT THE INVOLUNTARY RATE FROM THE DATE OF PAYMENT OR DEPOSIT, SHALL BE PAYABLE BY
LESSEE TO LESSOR AS ADDITIONAL RENT ON THE NEXT SUCCEEDING RENT PAYMENT DATE.
SECTION 8.02.
NOTHING IN THIS LEASE SHALL BE DEEMED TO BE, OR CONSTRUED
IN ANY WAY AS CONSTITUTING, THE CONSENT OR REQUEST OF LESSOR, EXPRESSED OR
IMPLIED, BY INFERENCE OR OTHERWISE, TO ANY PERSON, FIRM OR CORPORATION FOR THE
PERFORMANCE OF ANY LABOR OR THE FURNISHING OF ANY MATERIALS FOR ANY
CONSTRUCTION, REBUILDING, ALTERATION OR REPAIR OF OR TO