AND SUCH FAILURE CONTINUES FOR THIRTY (30) DAYS AFTER WRITTEN NOTICE FROM
LANDLORD (WHICH NOTICE SHALL NOT BE REQUIRED IN THE EVENT OF AN EMERGENCY), IN
ADDITION TO ALL OTHER REMEDIES IT MAY HAVE, THEN LANDLORD MAY (WITHOUT
OBLIGATION) PERFORM SUCH REQUIRED MAINTENANCE AND REPAIRS, AND ANY SUMS EXPENDED
BY LANDLORD IN PERFORMING SUCH MAINTENANCE AND REPAIRS SHALL BE REPAID BY TENANT
TO LANDLORD, TOGETHER WITH INTEREST THEREON AT THE DEFAULT INTEREST
12
RATE FROM THE TIME OF PAYMENT BY LANDLORD UNTIL FULLY PAID BY TENANT.
LANDLORD
SHALL NOT BE OBLIGATED TO MAINTAIN OR MAKE REPAIRS OF ANY KIND UPON THE
PREMISES, OR UPON ANY EQUIPMENT, FACILITIES OR FIXTURES CONTAINED THEREIN.
6.2
MAJOR ALTERATIONS.
WITHOUT THE PRIOR
WRITTEN CONSENT OF LANDLORD IN EACH INSTANCE, WHICH CONSENT SHALL NOT BE
UNREASONABLY WITHHELD, DELAYED OR CONDITIONED, TENANT SHALL NOT COMMENCE, OR
CAUSE TO BE CONSTRUCTED, ANY MAJOR ALTERATIONS.
IF TENANT COMMENCES WORK ON A
MINOR ALTERATION AND, DURING THE COURSE THEREOF, ANY ONE OR MORE OF THE
CONDITIONS TO THE SAME CONSTITUTING A MINOR ALTERATION CEASES TO BE SATISFIED,
THEN TENANT SHALL IMMEDIATELY STOP ALL WORK THEREON AND SHALL OBTAIN LANDLORD'S
PRIOR WRITTEN APPROVAL THEREOF, WHICH APPROVAL SHALL NOT BE UNREASONABLY
WITHHELD, DELAYED OR CONDITIONED, PRIOR TO PERFORMING ANY FURTHER WORK.
6.3
ALTERATIONS GENERALLY.
6.3.1
TENANT SHALL CAUSE ALL WORK IN CONNECTION WITH ANY
ALTERATION TO SATISFY ALL OF THE FOLLOWING REQUIREMENTS:
(A) SUCH WORK SHALL BE
PERFORMED IN A GOOD AND WORKMANLIKE MANNER WITH NEW MATERIALS; (B) TENANT SHALL
PAY, OR CAUSE TO BE PAID, ALL COSTS OF SUCH ALTERATION AS AND WHEN DUE AND IN A
MANNER TO PREVENT THE FILING OF ANY MECHANIC'S LIENS OR CLAIMS OF LIENS;
(C) SUCH WORK SHALL BE PERFORMED IN COMPLIANCE WITH ALL APPLICABLE LAWS,
INCLUDING WITHOUT LIMITATION, THE ADA; AND (D) THE CONTRACTOR AND EACH
SUBCONTRACTOR PROVIDING LABOR, MATERIAL OR SERVICES WITH RESPECT THERETO SHALL
PROVIDE INSURANCE WHICH SATISFIES LANDLORD'S THEN-CURRENT INSURANCE REQUIREMENTS
FOR CONTRACTORS.
6.3.2
TENANT SHALL PAY, DISCHARGE AND CAUSE THE RELEASE
OF ANY AND ALL MECHANIC'S, MATERIALMAN'S OR OTHER LIKE LIENS AGAINST THE
PREMISES IN ACCORDANCE WITH ARTICLE 7 OF THIS LEASE.
6.3.3
UPON COMPLETION OF ANY ALTERATIONS, TENANT, AT
TENANT'S EXPENSE, SHALL OBTAIN CERTIFICATES OF FINAL APPROVAL OF SUCH
ALTERATIONS REQUIRED BY ANY GOVERNMENTAL OR QUASI-GOVERNMENTAL AUTHORITY, OR, IF
NOT REQUIRED, A COMPLETION CERTIFICATE OF TENANT, AND SHALL FURNISH LANDLORD
WITH COPIES THEREOF, TOGETHER WITH "AS BUILT" PLANS AND SPECIFICATIONS FOR THE
ALTERATIONS.
6.3.4
If the Alteration is a Major Alteration, any other
conditions to Landlord's approval thereof shall be satisfied by Tenant at
Tenant's sole expense.
ARTICLE VII - MECHANICS' LIENS
7.1
TENANT CAUSED LIENS PROHIBITED.
EXCEPT FOR
LANDLORD CAUSED LIENS, TENANT COVENANTS THAT IT WILL NOT CAUSE OR PERMIT ANY
LIEN TO BE FILED, ASSERTED OR OTHERWISE EXIST AGAINST THE PREMISES OR ANY PART
THEREOF AS A RESULT OF (A) NONPAYMENT FOR, OR DISPUTES WITH RESPECT TO, LABOR,
MATERIAL, SERVICES OR EQUIPMENT FURNISHED TO THE PREMISES OR THE PROJECT, OR
BOTH, FOR OR ON BEHALF OF