AS TENANT AND GUARANTOR IS A REPORTING COMPANY UNDER THE
SECURITIES AND EXCHANGE ACT OF 1934, AS AMENDED, THE FOREGOING REQUIREMENTS OF
THIS PARAGRAPH 20(B) WILL BE SATISFIED BY THE DELIVERY OF TENANT'S OR
GUARANTOR'S FORMS 10-K, 10-Q AND ANNUAL REPORTS PROMPTLY UPON THEIR FILING WITH
THE SECURITIES AND EXCHANGE COMMISSION.
TOGETHER WITH THE ANNUAL FINANCIAL
STATEMENTS DESCRIBED ABOVE, TENANT SHALL DELIVER TO LANDLORD AN ANNUAL PREMISES
OPERATING EXPENSE STATEMENTS FOR THE PREMISES IN DETAIL REASONABLY SATISFACTORY
TO LANDLORD AND CERTIFIED TO BE COMPLETE AND ACCURATE BY AN OFFICER OF TENANT OR
GUARANTOR.
(C)
UPON TEN (10) DAYS' PRIOR NOTICE, TENANT
AND GUARANTOR WILL PERMIT LANDLORD AND ITS PROFESSIONAL REPRESENTATIVES TO VISIT
TENANT'S AND GUARANTOR'S OFFICES, AND DISCUSS TENANT'S
AND GUARANTOR'S AFFAIRS AND FINANCES WITH APPROPRIATE OFFICERS, AND WILL MAKE
AVAILABLE SUCH INFORMATION AS LANDLORD MAY REASONABLY REQUEST BEARING ON THE
TENANT, GUARANTOR, THE PREMISES OR THIS LEASE AS TENANT OR GUARANTOR MAY
MAINTAIN IN THE ORDINARY COURSE OF BUSINESS.
LANDLORD SHALL AGREE TO MAINTAIN
THE CONFIDENTIALITY OF ANY INFORMATION DESIGNATED BY TENANT OR GUARANTOR AS
"NONPUBLIC".
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, AND SUBJECT TO
COMPLIANCE WITH APPLICABLE FEDERAL OR STATE SECURITIES LAWS, EACH PARTY TO THIS
LEASE, TOGETHER WITH ANY EMPLOYEE, REPRESENTATIVE OR OTHER AGENT OF SUCH PARTY,
IS EXPRESSLY AUTHORIZED TO DISCLOSE TO ANY AND ALL PERSONS, WITHOUT LIMITATION
OF ANY KIND, ANY INFORMATION WITH RESPECT TO THE "TAX STRUCTURE" AND "TAX
TREATMENT" (AS SUCH TERMS ARE DEFINED UNDER TREASURY REGULATION § 1.6011-4(C))
OF THE TRANSACTION CONTEMPLATED HEREBY AND ALL MATERIALS OF ANY KIND (INCLUDING
OPINIONS OR OTHER TAX ANALYSES) THAT ARE PROVIDED TO IT RELATING TO SUCH TAX
STRUCTURE AND TAX TREATMENT, PROVIDED THAT WITH RESPECT TO ANY DOCUMENT OR
SIMILAR ITEM THAT IN EITHER CASE CONTAINS NONPUBLIC INFORMATION, THIS SENTENCE
SHALL ONLY APPLY TO SUCH PORTIONS OF SUCH DOCUMENT OR SIMILAR ITEM THAT RELATE
TO THE TAX TREATMENT OR TAX STRUCTURE OF THE TRANSACTION CONTEMPLATED HEREBY.
21.
MECHANICS' LIENS
(A)
EXCEPT FOR LIENS CREATED THROUGH THE ACT OF
LANDLORD, TENANT SHALL NOT SUFFER OR PERMIT ANY MECHANIC'S LIEN OR OTHER LIEN TO
BE FILED OR RECORDED AGAINST THE PREMISES, EQUIPMENT OR MATERIALS SUPPLIED OR
CLAIMED TO HAVE BEEN SUPPLIED TO THE PREMISES AT THE REQUEST OF TENANT, OR
ANYONE HOLDING THE PREMISES, OR ANY PORTION THEREOF, THROUGH OR UNDER TENANT.
IF ANY SUCH MECHANIC'S LIEN OR OTHER LIEN SHALL AT ANY TIME BE FILED OR RECORDED
AGAINST THE PREMISES, OR ANY PORTION THEREOF, TENANT SHALL CAUSE THE SAME TO BE
DISCHARGED OF RECORD WITHIN THIRTY (30) DAYS AFTER THE DATE OF FILING OR
RECORDING OF THE SAME.
HOWEVER, IN THE EVENT TENANT DESIRES TO CONTEST THE
VALIDITY OF ANY LIEN IT SHALL (I) ON OR BEFORE THIRTY (30) DAYS PRIOR TO THE DUE
DATE THEREOF (BUT IN NO EVENT LATER THAN 30 DAYS AFTER THE FILING OR RECORDING
THEREOF), NOTIFY LANDLORD, IN WRITING, THAT TENANT INTENDS TO SO CONTEST SAME;
(II) ON OR BEFORE THE DUE DATE THEREOF, IF SUCH LIEN INVOLVES AN AMOUNT