ARTICLE 10 AND
ALL OTHER PROVISIONS OF THIS LEASE.
(E)
PRIOR TO THE COMMENCEMENT OF ANY CONSTRUCTION, ALTERATION,
ADDITION, IMPROVEMENTS, REPAIR OR LANDSCAPING IN EXCESS OF FIFTY THOUSAND
DOLLARS ($50,000), LANDLORD SHALL HAVE THE RIGHT TO POST IN A CONSPICUOUS
LOCATION ON THE PREMISES AND TO RECORD IN THE PUBLIC RECORDS A NOTICE OF
LANDLORD'S NONRESPONSIBILITY.
TENANT COVENANTS AND AGREES TO GIVE LANDLORD AT
LEAST TEN (10) DAYS PRIOR WRITTEN NOTICE (OR CONCURRENT NOTICE IN THE EVENT OF
AN EMERGENCY REPAIR REQUIRED TO PROTECT HUMAN HEALTH OR SAFETY) OF THE
COMMENCEMENT OF ANY SUCH CONSTRUCTION, ALTERATION, ADDITION, IMPROVEMENT, REPAIR
OR LANDSCAPING IN ORDER THAT LANDLORD SHALL HAVE SUFFICIENT TIME TO POST SUCH
NOTICE.
(F)
TENANT SHALL TAKE ALL NECESSARY SAFETY PRECAUTIONS DURING ANY
CONSTRUCTION.
(G)
TENANT SHALL PREPARE AND MAINTAIN (I) ON A CURRENT BASIS DURING
CONSTRUCTION, ANNOTATED PLANS AND SPECIFICATIONS SHOWING CLEARLY ALL CHANGES,
REVISIONS AND SUBSTITUTIONS DURING CONSTRUCTION, AND (II) UPON COMPLETION OF
CONSTRUCTION, AS-BUILT DRAWINGS SHOWING CLEARLY ALL CHANGES, REVISIONS AND
SUBSTITUTIONS DURING CONSTRUCTION, INCLUDING, WITHOUT LIMITATION, FIELD CHANGES
AND THE FINAL LOCATION OF ALL MECHANICAL EQUIPMENT, UTILITY LINES, DUCTS,
OUTLETS, STRUCTURAL MEMBERS, WALLS, PARTITIONS AND OTHER SIGNIFICANT FEATURES.
THESE AS-BUILT DRAWINGS AND ANNOTATED PLANS AND SPECIFICATIONS SHALL BE
25
KEPT AT THE PREMISES AND TENANT SHALL UPDATE THEM AS OFTEN AS NECESSARY TO KEEP
THEM CURRENT.
THE AS-BUILT DRAWINGS AND ANNOTATED PLANS AND SPECIFICATIONS
SHALL BE MADE AVAILABLE FOR COPYING AND INSPECTION BY LANDLORD AT ALL REASONABLE
TIMES, AND ARE SUBJECT TO LANDLORD'S APPROVAL AS PROVIDED IN
SUBSECTION (A) ABOVE.
(H)
UPON COMPLETION OF THE CONSTRUCTION OF ANY ALTERATIONS IN EXCESS
OF FIFTY THOUSAND DOLLARS ($50,000) DURING THE TERM, TENANT SHALL FILE FOR
RECORDATION, OR CAUSE TO BE FILED FOR RECORDATION, A NOTICE OF COMPLETION AND
SHALL DELIVER TO LANDLORD EVIDENCE SATISFACTORY TO LANDLORD OF PAYMENT OF ALL
COSTS, EXPENSES, LIABILITIES AND LIENS ARISING OUT OF OR IN ANY WAY CONNECTED
WITH SUCH CONSTRUCTION (EXCEPT FOR LIENS THAT ARE CONTESTED IN THE MANNER
PROVIDED HEREIN).
(I)
TENANT SHALL REIMBURSE LANDLORD WITHIN FIVE (5) DAYS FOLLOWING
DEMAND FOR ANY OUT-OF-POCKET EXPENSES INCURRED BY LANDLORD IN THE REVIEW OF ANY
ALTERATIONS PROPOSED TO BE MADE BY TENANT, INCLUDING FEES CHARGED BY LANDLORD'S
CONTRACTORS OR CONSULTANTS TO REVIEW PLANS AND SPECIFICATIONS, AND SUCH
REIMBURSEMENT OBLIGATION SHALL CONSTITUTE ADDITIONAL RENT HEREUNDER.
(J)
SHOULD ANY LIENS BE FILED AGAINST ANY PORTION OF THE PROPERTY BY
REASON OF THE ACTS OR OMISSIONS OF, OR BECAUSE OF A CLAIM AGAINST, TENANT OR
ANYONE CLAIMING UNDER OR THROUGH TENANT, TENANT SHALL CAUSE THE SAME TO BE
CANCELED OR DISCHARGED OF RECORD BY BOND OR OTHERWISE WITHIN TWENTY (20)
BUSINESS DAYS AFTER NOTICE FROM LANDLORD.
IF TENANT SHALL FAIL TO CANCEL OR
DISCHARGE SAID LIEN OR LIENS WITHIN SAID TWENTY (20) BUSINESS DAY PERIOD,
LANDLORD MAY CANCEL OR DISCHARGE THE SAME AND, UPON LANDLORD=S DEMAND, TENANT
SHALL REIMBURSE LANDLORD FOR ALL COSTS INCURRED IN CANCELING OR DISCHARGING SUCH
LIENS, TOGETHER WITH INTEREST THEREON AT THE INTEREST RATE FROM THE DATE
INCURRED BY LANDLORD TO