RESPECT THERETO AS
LANDLORD MAY REASONABLY REQUIRE.
PROVIDED THAT NO EVENT OF DEFAULT SHALL HAVE
OCCURRED AND BE CONTINUING AND TENANT
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SHALL OTHERWISE COMPLY WITH THE APPLICABLE PROVISIONS OF ARTICLE 6, LANDLORD
SHALL, WITHIN TEN (10) BUSINESS DAYS AFTER SUCH NOTICE, SUBJECT TO AND IN
ACCORDANCE WITH THE APPLICABLE PROVISIONS OF ARTICLE 6, DISBURSE SUCH REQUIRED
FUNDS TO TENANT (OR, IF TENANT SHALL SO ELECT, DIRECTLY TO THE MANAGER OR ANY
OTHER PERSON PERFORMING THE REQUIRED WORK) AND, UPON SUCH DISBURSEMENT, THE
MINIMUM RENT SHALL BE ADJUSTED AS PROVIDED IN SECTION 3.1.1(C).
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 REPAIR, RENOVATION
OR REPLACEMENT SHALL BE DEEMED WAIVED BY LANDLORD, AND, NOTWITHSTANDING ANYTHING
CONTAINED IN THIS AGREEMENT TO THE CONTRARY, TENANT SHALL HAVE NO OBLIGATION TO
MAKE SUCH REQUIRED REPAIR, RENOVATION OR REPLACEMENT.
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 ANY MANAGER OR FOR ANY
OTHER PURPOSE DURING THE TERM OF THIS AGREEMENT.
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
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PERMITTED USE.
IF, FROM AND AFTER THE COMMENCEMENT DATE, TENANT ACQUIRES AN
INTEREST IN ANY ITEM OF TANGIBLE PERSONAL PROPERTY (OTHER THAN MOTOR VEHICLES)
ON, OR IN CONNECTION WITH, THE LEASED PROPERTY, OR ANY PORTION THEREOF, WHICH
BELONGS TO ANYONE OTHER THAN TENANT, TENANT SHALL REQUIRE THE AGREEMENTS
PERMITTING SUCH USE TO PROVIDE THAT LANDLORD OR