THE PREMISES AND THE BUILDING
FREE FROM ANY LIENS ARISING OUT OF ANY WORK PERFORMED, MATERIALS ORDERED OR
OBLIGATIONS INCURRED BY OR ON BEHALF OF TENANT.
WITHOUT LIMITATION, TENANT
SHALL BE RESPONSIBLE FOR, AND SHALL PAY WHEN DUE, ALL COSTS ASSOCIATED WITH THE
PREPARATION OF PLANS AND THE PERFORMANCE OF ALTERATIONS, AND THE SAME SHALL BE
PERFORMED IN A LIEN-FREE, GOOD AND WORKMANLIKE MANNER, AND IN ACCORDANCE WITH
APPLICABLE CODES AND REQUIREMENTS, INCLUDING THE REQUIREMENTS OF THE AMERICANS
WITH DISABILITIES ACT ("ADA").
IN THE EVENT THAT TENANT SHALL FAIL TO PAY THE
COSTS ASSOCIATED WITH ALTERATIONS ON A TIMELY BASIS, AS A RESULT OF SUCH
FAILURE, A STATUTORY AND/OR COMMON LAW LIEN IS ASSERTED AGAINST THE PREMISES OR
THE APPLICABLE BUILDING, AND TENANT SHALL FAIL, WITHIN TEN (10) DAYS AFTER
NOTICE OF SUCH ASSERTION, TO CAUSE (BY PAYMENT, POSTING OF A PROPER BOND, OR
OTHERWISE) SUCH LIEN TO BE RELEASED OF RECORD, LANDLORD SHALL HAVE THE RIGHT
(BUT NOT THE OBLIGATION), AT TENANT'S EXPENSE, TO CAUSE SUCH LIEN TO BE BONDED
OVER OR RELEASED OF RECORD.
27
(C)
TENANT SHALL ENSURE THAT ALL CONTRACTORS AND
SUBCONTRACTORS PERFORMING ALTERATIONS ARE INSURED IN AMOUNTS REQUIRED BY LAW.
IF LANDLORD REQUESTS, CERTIFICATES OF SUCH INSURANCE SHALL BE DELIVERED TO
LANDLORD.
(D)
TENANT AGREES THAT LANDLORD WILL HAVE THE RIGHT
TO INSPECT ANY ALTERATIONS.
IN THE PERFORMANCE OF ALTERATIONS IN ACCORDANCE
WITH THIS LEASE, TENANT SHALL CAUSE ITS CONTRACTOR TO USE REASONABLE AND
DILIGENT EFFORTS NOT TO INTERFERE WITH ONGOING OPERATIONS ON THE REST OF THE
PROPERTY OUTSIDE OF THE PREMISES, TO KEEP ALL CONSTRUCTION AREAS CLEAN AND FREE
OF TRASH AND DEBRIS, AND OTHERWISE TO COMPLY WITH ANY OTHER REASONABLE RULES AND
REGULATIONS ESTABLISHED BY LANDLORD WITH REGARD TO CONSTRUCTION ACTIVITIES.
(E)
TENANT SHALL PROVIDE COPIES OF ANY WARRANTIES
FOR ALTERATIONS AND THE MATERIALS AND EQUIPMENT WHICH ARE INCORPORATED INTO THE
BUILDING AND PREMISES IN CONNECTION THEREWITH, AND EITHER ASSIGN TO LANDLORD, OR
ENFORCE ON LANDLORD'S BEHALF, ALL SUCH WARRANTIES TO THE EXTENT REPAIRS AND/OR
MAINTENANCE ON WARRANTED ITEMS WOULD BE COVERED BY SUCH WARRANTIES AND ARE
OTHERWISE LANDLORD'S RESPONSIBILITY UNDER THIS LEASE.
4.11.3
REMOVAL OF ALTERATIONS.
LANDLORD SHALL NOTIFY TENANT IN
WRITING AT THE TIME OF LANDLORD'S APPROVAL OF ANY ALTERATIONS, WHETHER OR NOT
THE PROPOSED ALTERATIONS WILL BE REQUIRED TO BE REMOVED BY TENANT AT THE END OF
THE TERM.
TENANT SHALL BE OBLIGATED TO REMOVE ANY ALTERATIONS THAT LANDLORD HAS
NOT DESIGNATED IN WRITING WILL BE PERMITTED TO REMAIN ON THE PREMISES IN
ACCORDANCE WITH SECTION 4.8.
Section 4.12
Signage.
Landlord, at its sole cost
and expense, may modify the signage plan of the Building in place as of the
Commencement Date, so long as Landlord shall provide appropriate signage and
monuments directing employees and customers to the Building and the Premises.
Any such changes to the signage plan shall be subject to obtaining any necessary
permits from the City of Waltham and Tenant's approval, and any other applicable
approvals, which will not unreasonably be withheld or delayed.
Tenant