SUCH PROCEEDINGS.
UPON RESOLUTION OF ANY SUCH
CONTEST, LANDLORD SHALL RETURN ALL AMOUNTS OR CD'S PREVIOUSLY DEPOSITED WITH
LANDLORD WITH RESPECT TO THE CONTEST OF SUCH LAWS, LESS ANY AMOUNTS APPLIED BY
LANDLORD AS AFORESAID.
DURING THE TIME WHEN ANY SUCH CD IS ON DEPOSIT WITH
LANDLORD, AND PRIOR TO THE TIME WHEN THE SAME IS RETURNED TO TENANT OR APPLIED
AGAINST THE PAYMENT, REMOVAL OR DISCHARGE OF SUCH LIABILITIES, AS ABOVE
PROVIDED, TENANT SHALL BE ENTITLED TO RECEIVE ALL INTEREST PAID THEREON.
CASH
DEPOSITS SHALL NOT BEAR INTEREST.
If necessary or proper to permit Tenant so to contest the validity or
application of any such law or ordinance, Landlord shall, at Tenant's sole cost
and expense, including reasonable attorneys' fees incurred by Landlord, execute
and deliver any appropriate papers or other documents; provided, however, that
Landlord shall not be required to execute any document or consent to any
proceeding which would result in the imposition of any cost, charge, expense or
penalty on Landlord or the Demised Premises.
ARTICLE XI
MECHANIC'S LIENS AND OTHER LIENS
11.1
MECHANIC'S LIENS.
(A)
TENANT SHALL KEEP THE DEMISED PREMISES FREE
FROM ANY LIENS ARISING OUT OF WORK PERFORMED, MATERIALS FURNISHED AND
OBLIGATIONS INCURRED BY TENANT.
TENANT COVENANTS AND AGREES THAT ANY MECHANIC'S
LIEN FILED AGAINST THE DEMISED PREMISES FOR WORK CLAIMED TO HAVE BEEN DONE FOR,
OR MATERIALS CLAIMED TO HAVE BEEN FURNISHED TO, TENANT SHALL BE DISCHARGED BY
TENANT, BY BOND OR OTHERWISE, WITHIN THIRTY (30) DAYS AFTER THE FILING THEREOF,
AT THE SOLE COST AND EXPENSE OF TENANT.
THIS PROVISION DOES NOT APPLY TO ANY
CLAIM OR LIEN ARISING OUT OF THE ORIGINAL CONSTRUCTION OF THE DEMISED PREMISES
BY LANDLORD PURSUANT TO THIS LEASE.
(B)
TENANT SHALL HAVE THE RIGHT TO CONTEST WITH
DUE DILIGENCE THE VALIDITY OR AMOUNT OF ANY LIEN OR CLAIMED LIEN CREATED BY
TENANT IF TENANT SHALL GIVE TO LANDLORD SUCH SECURITY AS LANDLORD MAY REASONABLY
REQUIRE TO INSURE PAYMENT THEREOF AND PREVENT ANY SALE, FORECLOSURE OR
FORFEITURE OF THE DEMISED PREMISES OR ANY PORTION THEREOF BY REASON OF SUCH
NONPAYMENT.
ON FINAL DETERMINATION OF THE LIEN OR CLAIM FOR LIEN, TENANT SHALL
IMMEDIATELY PAY ANY JUDGMENT RENDERED WITH ALL PROPER COSTS AND CHARGES AND
SHALL HAVE THE LIEN RELEASED OR JUDGMENT SATISFIED AT TENANT'S OWN EXPENSE, AND
IF TENANT SHALL FAIL TO DO SO, LANDLORD MAY AT ITS OPTION, PAY ANY SUCH FINAL
JUDGMENT AND CLEAR THE DEMISED PREMISES THEREFROM. IF TENANT SHALL
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FAIL TO CONTEST WITH DUE DILIGENCE THE VALIDITY OR AMOUNT OF ANY SUCH LIEN OR
CLAIMED LIEN CREATED BY TENANT, OR TO GIVE LANDLORD SECURITY AS HEREINABOVE
PROVIDED, LANDLORD MAY, BUT SHALL NOT BE REQUIRED TO, CONTEST THE VALIDITY OR
AMOUNT OF ANY SUCH LIEN OR CLAIMED LIEN OR SETTLE OR COMPROMISE THE SAME WITHOUT
INQUIRING INTO THE VALIDITY OF THE CLAIM OR THE REASONABLENESS OF THE AMOUNT
THEREOF.
SHOULD ANY LIEN BE FILED AGAINST THE DEMISED PREMISES OR SHOULD ANY
ACTION OF ANY CHARACTER AFFECTING THE TITLE THERETO BE COMMENCED,