PROVIDE LANDLORD WITH "AS
BUILT" PLANS, COPIES OF ALL CONSTRUCTION CONTRACTS, AND PROOF OF PAYMENT FOR ALL
LABOR AND MATERIALS.
D.
LIENS.
TENANT SHALL PAY ALL COSTS FOR THE WORK WHEN DUE.
TENANT
SHALL KEEP THE PROPERTY, PREMISES AND THIS LEASE FREE FROM ANY MECHANIC'S,
MATERIALMAN'S, ARCHITECT'S, ENGINEER'S OR SIMILAR LIENS OR ENCUMBRANCES, AND ANY
CLAIMS THEREFOR, OR STOP OR VIOLATION NOTICES, IN CONNECTION WITH ANY WORK.
TENANT SHALL REMOVE ANY SUCH CLAIM, LIEN OR ENCUMBRANCE, OR STOP OR VIOLATION
NOTICES OF RECORD, BY BOND OR OTHERWISE WITHIN TEN (10) BUSINESS DAYS AFTER
NOTICE BY LANDLORD.
IF TENANT FAILS TO DO SO, LANDLORD MAY PAY THE AMOUNT (OR
ANY PORTION THEREOF) OR TAKE SUCH OTHER ACTION AS LANDLORD DEEMS NECESSARY TO
REMOVE SUCH CLAIM, LIEN OR ENCUMBRANCE, OR STOP OR VIOLATION NOTICES, WITHOUT
BEING RESPONSIBLE FOR INVESTIGATING THE VALIDITY THEREOF.
THE AMOUNT SO PAID
AND COSTS INCURRED BY LANDLORD SHALL BE DEEMED ADDITIONAL RENT UNDER THIS LEASE
PAYABLE UPON DEMAND, WITHOUT LIMITATION AS TO OTHER REMEDIES AVAILABLE TO
LANDLORD.
NOTHING CONTAINED IN THIS LEASE SHALL AUTHORIZE TENANT TO DO ANY ACT
WHICH SHALL SUBJECT LANDLORD'S TITLE TO, OR ANY LENDER'S INTEREST IN, THE
PROPERTY OR PREMISES TO ANY SUCH CLAIMS, LIENS OR ENCUMBRANCES, OR STOP OR
VIOLATION NOTICES, WHETHER CLAIMED PURSUANT TO STATUTE OR OTHER LAW OR EXPRESS
OR IMPLIED CONTRACT.
E.
REMOVAL OF WORK UPON TERMINATION OF LEASE.
ALL WORK HEREUNDER
SHALL REMAIN OR BE REMOVED FROM THE PREMISES UPON EXPIRATION OR EARLIER
TERMINATION OF THIS LEASE; PROVIDED, HOWEVER, THAT LANDLORD SHALL HAVE THE RIGHT
TO REQUIRE TENANT TO REMOVE SUCH WORK AT TENANT'S SOLE COST AND EXPENSE IN
ACCORDANCE WITH THE PROVISIONS OF ARTICLE 23 OF THIS LEASE, WHICH REQUIRED
REMOVAL SHALL BE SPECIFIED BY LANDLORD WHEN LANDLORD CONSENTS TO TENANT'S
REQUESTED WORK; PROVIDED, HOWEVER THAT LANDLORD SHALL NOT REQUIRE TENANT TO
REMOVE ANY SUCH WORK IF IT IS OF A QUALITY AND QUANTITY TYPICALLY FOUND IN A
GENERAL OFFICE USE PREMISES, BUT IN ANY EVENT LANDLORD MAY REQUIRE TENANT TO
REMOVE ANY RAISED COMPUTER FLOOR IN THE PREMISES AND TELECOMMUNICATIONS CABLING
WHICH IS INSTALLED BY OR FOR THE BENEFIT OF TENANT IN THE PREMISES.
F.
LANDLORD'S FEES AND COSTS.
TENANT SHALL PAY LANDLORD A FEE FOR
REVIEWING, SCHEDULING, MONITORING, SUPERVISING, AND PROVIDING ACCESS FOR OR IN
CONNECTION WITH THE WORK, IN AN AMOUNT EQUAL TO FIFTEEN PERCENT (15%) OF THE
TOTAL COST OF THE WORK (INCLUDING COSTS OF PLANS
11
AND PERMITS THEREFOR), AND LANDLORD'S REASONABLE OUT-OF-POCKET COSTS, INCLUDING
ANY COSTS FOR SECURITY, UTILITIES, TRASH REMOVAL, TEMPORARY BARRICADES,
JANITORIAL, ENGINEERING, ARCHITECTURAL OR CONSULTING SERVICES, AND OTHER MATTERS
IN CONNECTION WITH THE WORK, PAYABLE WITHIN TEN (10) BUSINESS DAYS AFTER
BILLED.
NOTWITHSTANDING THE FOREGOING, THE FIFTEEN PERCENT (15%) FEE PROVIDED
ABOVE SHALL BE REDUCED TO TWO AND ONE-HALF PERCENT (2.5%) OF THE TOTAL COST OF
THE WORK WITH RESPECT TO ANY WORK COMPLETED WITHIN EIGHTEEN (18) MONTHS AFTER
THE DATE HEREOF.
ARTICLE 10:
INSURANCE AND WAIVER OF CLAIMS
A.
REQUIRED INSURANCE.
TENANT SHALL MAINTAIN AT ITS EXPENSE