GOVERNMENTAL PERMITS AND CERTIFICATES AND PROOF OF
PAYMENT FOR ALL LABOR AND MATERIALS, INCLUDING, WITHOUT LIMITATION, COPIES OF
PAID INVOICES AND FINAL LIEN WAIVERS.
11.3.
LIEN PROHIBITION.
TENANT SHALL PAY WHEN DUE ALL
CLAIMS FOR LABOR AND MATERIAL FURNISHED TO THE PREMISES IN CONNECTION WITH
TENANT'S WORK OR THE ALTERATIONS.
TENANT SHALL NOT PERMIT ANY MECHANICS OR
MATERIALMEN'S LIENS TO ATTACH TO THE PREMISES OR THE PROPERTY.
TENANT, AT ITS
EXPENSE, SHALL PROCURE THE SATISFACTION OR DISCHARGE OF RECORD OF ALL SUCH LIENS
AND ENCUMBRANCES WITHIN 30 DAYS AFTER THE FILING THEREOF; OR, IF ACCEPTABLE TO
LANDLORD, IN ITS REASONABLE DETERMINATION, TENANT MAY PROCURE (FOR LANDLORD'S
BENEFIT) A BOND OR OTHER PROTECTION AGAINST ANY SUCH LIEN OR ENCUMBRANCE.
IN
THE EVENT TENANT HAS NOT SO PERFORMED WITHIN THE TIME ALLOTTED AND IF LANDLORD
HAS GIVEN NOTICE TO TENANT AND FOLLOWING FIFTEEN (15) DAYS AFTER SUCH NOTICE
TENANT HAS FAILED TO
17
PERFORM, LANDLORD MAY, AT ITS OPTION, PAY AND DISCHARGE SUCH LIENS AND TENANT
SHALL BE RESPONSIBLE TO REIMBURSE LANDLORD, ON DEMAND AND AS ADDITIONAL RENT
UNDER THIS LEASE, FOR ALL COSTS AND EXPENSES INCURRED IN CONNECTION THEREWITH,
TOGETHER WITH INTEREST THEREON AT THE RATE SET FORTH IN SECTION 22.3, WHICH
EXPENSES SHALL INCLUDE REASONABLE FEES OF ATTORNEYS OF LANDLORD'S CHOOSING, AND
ANY COSTS IN POSTING BOND TO EFFECT DISCHARGE OR RELEASE OF THE LIEN AS AN
ENCUMBRANCE AGAINST THE PREMISES OR THE PROPERTY.
LANDLORD AGREES TO PROMPTLY
NOTIFY TENANT OF ANY MECHANICS OR MATERIALMEN'S LIENS FILED AGAINST THE PREMISES
OR THE PROPERTY FOR WHICH TENANT IS RESPONSIBLE UNDER THIS LEASE TO THE EXTENT
LANDLORD IS ADVISED OF THE SAME IN WRITING.
12.
LANDLORD'S AND TENANT'S PROPERTY.
12.1.
LANDLORD'S PROPERTY.
SUBJECT TO SECTION 12.2, ALL
FIXTURES, MACHINERY, EQUIPMENT, IMPROVEMENTS AND APPURTENANCES INCLUDING,
WITHOUT LIMITATION, ALL OF TENANT'S WORK AND THE ALTERATIONS IF ANY, ATTACHED
TO, OR BUILT INTO, THE PREMISES AT THE COMMENCEMENT OF, OR DURING THE TERM,
WHETHER OR NOT PLACED THERE BY OR AT THE EXPENSE OF TENANT, SHALL BECOME AND
REMAIN A PART OF THE PREMISES; SHALL BE DEEMED THE PROPERTY OF LANDLORD (THE
"LANDLORD'S PROPERTY"), WITHOUT COMPENSATION OR CREDIT TO TENANT; AND SHALL NOT
BE REMOVED BY TENANT AT THE EXPIRATION DATE UNLESS LANDLORD REQUESTS THEIR
REMOVAL AT TIME OF GIVING CONSENT TO ALTERATION.
FURTHER, ANY PERSONAL PROPERTY
IN THE PREMISES ON THE COMMENCEMENT DATE, MOVABLE OR OTHERWISE, UNLESS INSTALLED
AND PAID FOR BY TENANT, SHALL BE AND SHALL REMAIN THE PROPERTY OF LANDLORD AND
SHALL NOT BE REMOVED BY TENANT UNLESS LANDLORD REQUESTS THEIR REMOVAL AT TIME OF
GIVING CONSENT TO ALTERATION.
IN NO EVENT SHALL TENANT REMOVE ANY OF THE
FOLLOWING MATERIALS OR EQUIPMENT WITHOUT LANDLORD'S PRIOR WRITTEN CONSENT:
ANY
POWER WIRING OR POWER PANELS, LIGHTING OR LIGHTING FIXTURES, WALL OR WINDOW
COVERINGS, CARPETS OR OTHER FLOOR COVERINGS, HEATERS, AIR CONDITIONERS OR ANY
OTHER HVAC EQUIPMENT, FENCING OR SECURITY GATES, OR OTHER SIMILAR BUILDING
OPERATING EQUIPMENT AND DECORATIONS.
12.2.
TENANT'S PROPERTY.
ALL MOVABLE NON-STRUCTURAL
PARTITIONS, BUSINESS AND TRADE FIXTURES, MACHINERY AND EQUIPMENT, COMMUNICATIONS