SYSTEM, (III) DO NOT REQUIRE
PENETRATIONS INTO THE FLOOR, CEILING OR WALLS, (IV) DO NOT REQUIRE WORK WITHIN
THE WALLS,
8
BELOW THE FLOOR, OR ABOVE THE CEILING, AND (V) COST LESS THAN $5,000 FOR ANY
PARTICULAR ALTERATION ("MINOR ALTERATION") WITHOUT THE ADVANCE WRITTEN CONSENT
OF THE LANDLORD, PROVIDED THAT TENANT ADVISES LANDLORD OF THE MINOR ALTERATION
PRIOR TO COMMENCING THE WORK.
13.
MECHANICS' LIENS.
TENANT PROMPTLY SHALL PAY FOR ANY LABOR,
SERVICES, MATERIALS, SUPPLIES OR EQUIPMENT FURNISHED TO TENANT IN OR ABOUT THE
PREMISES.
TENANT SHALL KEEP THE PREMISES AND THE PROPERTY FREE FROM ANY LIENS
ARISING OUT OF ANY LABOR, SERVICES, MATERIALS, SUPPLIES OR EQUIPMENT FURNISHED
OR ALLEGED TO HAVE BEEN FURNISHED TO TENANT.
TENANT SHALL TAKE ALL STEPS
PERMITTED BY LAW IN ORDER TO AVOID THE IMPOSITION OF ANY SUCH LIEN.
SHOULD ANY
SUCH LIEN OR NOTICE OF SUCH LIEN BE FILED AGAINST THE PREMISES OR THE PROPERTY,
TENANT SHALL DISCHARGE THE SAME BY BONDING OR OTHERWISE WITHIN 15 DAYS AFTER
TENANT HAS NOTICE THAT THE LIEN OR CLAIM IS FILED REGARDLESS OF THE VALIDITY OF
SUCH LIEN OR CLAIM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, TENANT SHALL HAVE
NO RESPONSIBILITY OR LIENS CAUSED BY LANDLORD OR LANDLORD'S AGENTS.
14.
LANDLORD'S RIGHT OF ENTRY.
TENANT SHALL PERMIT LANDLORD AND ITS
AGENTS TO ENTER THE PREMISES AT ALL REASONABLE TIMES FOLLOWING REASONABLE NOTICE
(EXCEPT IN AN EMERGENCY) TO INSPECT, MAINTAIN, OR MAKE ALTERATIONS TO THE
PREMISES OR PROPERTY, TO EXHIBIT THE PREMISES FOR THE PURPOSE OF SALE OR
FINANCING, AND, DURING THE LAST 12 MONTHS OF THE TERM, TO EXHIBIT THE PREMISES
TO ANY PROSPECTIVE TENANT.
LANDLORD WILL MAKE REASONABLE EFFORTS NOT TO
INCONVENIENCE TENANT IN EXERCISING SUCH RIGHTS, BUT LANDLORD SHALL NOT BE LIABLE
FOR ANY INTERFERENCE WITH TENANT'S OCCUPANCY RESULTING FROM LANDLORD'S ENTRY.
LANDLORD ACKNOWLEDGES THAT TENANT HAS DEVELOPED CERTAIN KNOWLEDGE AND
INFORMATION CONCERNING KNOW-HOW, METHODS OF DOING BUSINESS, METHODS OF
CONSTRUCTION, MARKETING INFORMATION, FINANCIAL RECORDS, MATERIAL SPECIFICATIONS,
COST INFORMATION, SUPPLIER, CUSTOMER AND VENDOR INFORMATION, DESIGN METHODS AND
OTHER INFORMATION RELATIVE TO THE MEDICAL DEVICE INDUSTRY WHICH TENANT REGARDS
AS PROPRIETARY, CONFIDENTIAL, AND/OR TRADE SECRET INFORMATION, WHETHER IN ORAL,
WRITTEN, OR OTHER TANGIBLE FORM (COLLECTIVELY REFERRED TO AS "CONFIDENTIAL
INFORMATION").
ACCESS TO THE PREMISES SHALL NOT ENTITLE THE LANDLORD OR ITS
AGENTS TO GATHER, COPY, DISCLOSE OR OTHERWISE DISSEMINATE ANY CONFIDENTIAL
INFORMATION AND AT ALL TIMES SUCH CONFIDENTIAL INFORMATION SHALL BE HELD IN
STRICT CONFIDENCE BY LANDLORD AND LANDLORD'S AGENTS.
15.
DAMAGE BY FIRE OR OTHER CASUALTY.
IF THE PREMISES OR COMMON AREAS
SHALL BE DAMAGED OR DESTROYED BY FIRE OR OTHER CASUALTY, TENANT SHALL PROMPTLY
NOTIFY LANDLORD, AND LANDLORD, SUBJECT TO THE CONDITIONS SET FORTH IN THIS
SECTION, SHALL REPAIR SUCH DAMAGE AND RESTORE THE PREMISES OR COMMON AREAS TO
SUBSTANTIALLY THE SAME CONDITION IN WHICH THEY WERE IMMEDIATELY PRIOR TO SUCH
DAMAGE OR DESTRUCTION, BUT NOT INCLUDING THE REPAIR, RESTORATION OR REPLACEMENT
OF THE FIXTURES, EQUIPMENT, OR ALTERATIONS INSTALLED BY OR ON BEHALF OF TENANT.
LANDLORD SHALL NOTIFY TENANT, WITHIN 30 DAYS AFTER THE