TENANT, OR ANY PARTY ACTING BY, THROUGH, OR UNDER
TENANT OR (B) ANY JUDGMENT, LIEN OR ATTACHMENT AGAINST THE PREMISES OR ANY PART
THEREOF CAUSED BY THE WRONGFUL ACTS OR OMISSIONS OF TENANT OR ANY PARTY ACTING
BY, THROUGH, OR UNDER TENANT.
IF TENANT FAILS TO PAY OFF AND DISCHARGE ANY SUCH
LIEN, OR TO PROVIDE A CURE THEREFOR AS PROVIDED IN SECTION 7.2 BELOW, THEN
LANDLORD SHALL HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO OBTAIN THE RELEASE OF
SUCH LIEN BY PAYING OFF THE AMOUNT CLAIMED DUE, OR OTHERWISE SETTLING OR
COMPROMISING THE AMOUNT CLAIMED.
IN SUCH EVENT, TENANT SHALL REIMBURSE LANDLORD
FOR THE ENTIRE COST THEREOF, ON DEMAND, TOGETHER WITH INTEREST ON THE AMOUNT
PAID AT THE DEFAULT INTEREST RATE UNTIL PAID.
NOTWITHSTANDING ANYTHING TO THE
CONTRARY IN THIS LEASE, IN NO EVENT SHALL LANDLORD BE DEEMED TO HAVE AGREED OR
CONSENTED TO ANY MECHANIC'S LIEN (OR OTHER LIEN FOR MATERIAL, LABOR OR SERVICES)
AGAINST LANDLORD'S INTEREST IN THE PREMISES WHETHER PURSUANT TO THE PROVISIONS
OF THIS LEASE, BY IMPLICATION OR OTHERWISE; IT BEING AGREED THAT IF ANY
MECHANIC'S LIENS (OR
13
OTHER COMPARABLE LIENS) ARE CLAIMED OR ARISE OUT OF THE PROJECT, OR OTHERWISE,
THE SAME SHALL ATTACH ONLY TO THE LEASEHOLD INTEREST OF TENANT IN THE PREMISES
AND NOT TO LANDLORD'S FEE SIMPLE INTEREST THEREIN.
7.2
TENANT'S LIMITED CURE RIGHT.
IF (A) ANY
LIEN OF ANY NATURE, INCLUDING BUT NOT LIMITED TO LIENS OF THE NATURE DESCRIBED
IN SECTION 7.1 ABOVE, IS FILED AGAINST THE PREMISES OR ANY PART THEREOF OR IS
ASSERTED AGAINST LANDLORD, AND (B) TENANT IN GOOD FAITH DISPUTES THE CLAIMANT'S
RIGHT TO SUCH LIEN, THEN TENANT SHALL HAVE THE RIGHT TO CONTEST THE FILING OF
SUCH LIEN WITHOUT THE SAME CONSTITUTING A DEFAULT IF TENANT CAUSES ALL OF THE
FOLLOWING CONDITIONS TO BE SATISFIED WITH RESPECT TO SUCH LIEN AT ALL TIMES
UNTIL THE SAME IS FULLY RELEASED AND DISCHARGED AS A LIEN OR POTENTIAL LIEN
AGAINST THE PREMISES, ANY PART THEREOF OR LANDLORD:
7.2.1
TENANT GIVES LANDLORD NOTICE OF THE CLAIM OF SUCH
LIEN WITHIN TEN (10) DAYS AFTER TENANT'S RECEIPT OF ANY WRITTEN CLAIM OR NOTICE
OF FILING OF SUCH LIEN TOGETHER WITH THE BASIS FOR TENANT'S DISPUTE THEREOF, AND
TENANT SHALL PROMPTLY FURNISH TO LANDLORD SUCH OTHER INFORMATION AS LANDLORD MAY
REQUEST FROM TIME TO TIME WITH RESPECT THERETO;
7.2.2
WITHIN THIRTY (30) DAYS AFTER THE FILING OR
ASSERTION OF ANY SUCH LIEN IN THE REAL ESTATE RECORDS (OR SUCH OTHER
GOVERNMENTAL OFFICE AS MAY BE APPROPRIATE FOR THE FILING OF SUCH A LIEN), TENANT
CAUSES ONE OR MORE OF THE FOLLOWING TO OCCUR (EACH AT NO COST OR EXPENSE TO
LANDLORD):
(A) THE LIEN CLAIMANT DULY EXECUTES, ACKNOWLEDGES AND DELIVERS A
FULL WAIVER AND RELEASE OF SUCH LIEN TOGETHER WITH SUCH OTHER DOCUMENTS AS MAY
BE REQUIRED UNDER APPLICABLE LAW TO CAUSE SUCH LIEN TO BE RELEASED AND
DISCHARGED AS A LIEN AGAINST THE PREMISES, ANY PART THEREOF OR LANDLORD; (B) A
BOND IS PROVIDED IN