Common use of Construction by Tenant Clause in Contracts

Construction by Tenant. 5.1 Should any claim of lien or other lien be filed against the Premises or the Parking Facility by reason of any act or omission of Tenant or any of Tenant’s agents, employees, contractors or representatives, then Tenant shall cause the same to be canceled and discharged of record by bond or otherwise within fifteen (15) days after notice to Tenant of the filing thereof. Should Tenant fail to discharge such lien within such fifteen (15) day period, then Landlord may discharge the same, in which event Tenant shall reimburse Landlord, on demand, for the amount of the lien or the amount of the bond, if greater, plus all administrative costs incurred by Landlord in connection therewith, with interest thereon from the date Landlord discharges such lien at the lesser of twelve percent (12%) per annum or the maximum lawful rate of interest permitted by applicable law. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Agreement or otherwise. Tenant shall have no power to do any act or make any contract that may create or be the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any interest of Landlord in the Premises and/or the Parking Facility. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PREMISES OR THE PARKING FACILITY. TENANT SHALL NOTIFY ANY CONTRACTOR PERFORMING ANY CONSTRUCTION WORK IN THE PREMISES ON BEHALF OF TENANT THAT THIS AGREEMENT SPECIFICALLY PROVIDES THAT THE INTEREST OF LANDLORD IN THE PREMISES SHALL NOT BE SUBJECT TO LIENS FOR IMPROVEMENTS MADE BY TENANT, AND NO MECHANIC’S LIEN OR OTHER LIEN FOR ANY SUCH LABOR, SERVICES, MATERIALS, SUPPLIES, MACHINERY, FIXTURES OR EQUIPMENT SHALL ATTACH TO OR AFFECT THE STATE OR INTEREST OF LANDLORD IN AND TO THE PREMISES, THE PARKING FACILITY, OR ANY PORTION THEREOF. IN ADDITION, LANDLORD SHALL HAVE THE RIGHT TO POST AND KEEP POSTED AT ALL REASONABLE TIMES ON THE PREMISES AND NOTICES WHICH LANDLORD SHALL BE REQUIRED SO TO POST FOR THE PROTECTION OF LANDLORD AND THE PREMISES FROM ANY SUCH LIEN.

Construction by Tenant. 5.1 Should The Tenant Improvements shall be constructed by Tenant at Tenant's sole cost and expense in conformance with the Final Plans and Specifications. The Tenant Improvements shall be constructed by Tenant in compliance with all federal, state, city and county laws, codes, ordinances and regulations. (i) Tenant shall pay all of the permit fees, costs, fees, utility fees, charges and assessments for the construction of the Tenant Improvements which are required to be paid to any claim governmental body or agency for the construction, occupancy or use of lien or other lien be filed against the Premises or Tenant Improvements. Landlord shall pay for the Parking Facility bridge and thoroughfare fees related to the Property ("Bridge Fee"), which is based upon Three Dollars Ten Cents ($3.10) per square foot of Building area, including the mezzanine area ("Current Bridge Fee"). If the Tenant Improvements requested by Tenant cause the Bridge Fee relating to the Property to exceed for any reason of any act or omission of Tenant or any of Tenant’s agents, employees, contractors or representativesthe Current Bridge Fee, then Tenant shall cause the same to be canceled and discharged of record by bond or otherwise within fifteen (15) days after notice to Tenant of the filing thereof. Should Tenant fail to discharge such lien within such fifteen (15) day period, then Landlord may discharge the same, in which event Tenant shall reimburse Landlord, on demand, responsible for paying for the amount of such increase in the lien or Bridge Fee for the amount of the bond, if greater, plus all administrative costs incurred by Landlord in connection therewith, with interest thereon from the date Landlord discharges such lien at the lesser of twelve percent (12%) per annum or the maximum lawful rate of interest permitted by applicable law. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Agreement or otherwiseentire Property. Tenant shall pay for the increase in the Bridge Fee under the immediately preceding sentence by payment of such amount to Landlord at the time that the building permits for the Tenant Improvements are to be obtained from the City of Calabasas (even if the City of Calabasas allows Landlord to defer the payment of such Bridge Fee by the City of Calabasas recording a covenant or encumbrance against the Property or receiving other contractual promises from the Landlord to pay such Bridge Fee). (ii) Tenant shall pay all of the costs of any space planners, designers, architectural costs, engineering costs and construction costs of the Tenant Improvements (except as to that amount for the preliminary space planner's fee which Landlord has agreed to pay for under subparagraph 2.3(a)(iii) above). (iii) All of the Tenant Improvements shall become part of the Property, shall be maintained and repaired by Tenant as part of the Property under the Lease, and none of the Tenant Improvements may be removed by Tenant upon the termination of the Lease. (iv) Tenant shall have the right to hire a general contractor of Tenant's choice to construct the Tenant Improvements. Landlord shall have the right to review and approve of Tenant's choice of general contractors, which approval shall not be unreasonably withheld. Tenant shall enter into the contract with the general contractor. Landlord shall have the right to review and approve such contract prior to Tenant's entering into same, which approval shall not be unreasonably withheld; provided, however, that Landlord may not request any changes to such general contractor's contract which would materially cause an increase in the cost of the construction of the Tenant Improvements, materially delay the completion of the Tenant Improvements or the design of the Tenant Improvements. Regardless of Landlord's approvals, Tenant shall be responsible for all of the liabilities and obligations of the Tenant under such contract and Landlord shall have no power liability or obligations thereunder. (v) Landlord shall use its reasonable efforts to do any act allow Tenant to begin construction of the Tenant Improvements as soon as possible during the construction of the Building Shell. See subparagraph 1.3(b) for the definition of the Tenant Improvements Start Date. Tenant agrees to have Tenant's contractors coordinate with Landlord and Landlord's contractors, and not interfere with same, in order that the construction of the Shell is not delayed by the construction of the Tenant Improvements. Similarly, Landlord agrees to have Landlord's Shell general contractor coordinate with Tenant's Tenant Improvements general contractor (if different from the Shell general contractor). (vi) Tenant shall be responsible that the general contractor that constructs the Tenant Improvements: (i) has adequate insurance, including liability insurance, and designates Landlord as an additional insured under such liability insurance; and (ii) has adequate workers compensation insurance. Any costs of builder's risk insurance (whether obtained by Landlord or otherwise) which is allocated to the Tenant Improvements shall be paid by Tenant or reimbursed to Landlord. Landlord shall be designated as the loss payee for such builder's risk insurance. If Landlord receives proceeds from such builder's risk insurance which are designated by such policy for the Tenant Improvements, then Landlord agrees to utilize such proceeds (or make any contract that may create or be the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any interest of Landlord in the Premises and/or the Parking Facility. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PREMISES OR THE PARKING FACILITY. TENANT SHALL NOTIFY ANY CONTRACTOR PERFORMING ANY CONSTRUCTION WORK IN THE PREMISES ON BEHALF OF TENANT THAT THIS AGREEMENT SPECIFICALLY PROVIDES THAT THE INTEREST OF LANDLORD IN THE PREMISES SHALL NOT BE SUBJECT TO LIENS FOR IMPROVEMENTS MADE BY TENANT, AND NO MECHANIC’S LIEN OR OTHER LIEN FOR ANY SUCH LABOR, SERVICES, MATERIALS, SUPPLIES, MACHINERY, FIXTURES OR EQUIPMENT SHALL ATTACH TO OR AFFECT THE STATE OR INTEREST OF LANDLORD IN AND TO THE PREMISES, THE PARKING FACILITY, OR ANY PORTION THEREOF. IN ADDITION, LANDLORD SHALL HAVE THE RIGHT TO POST AND KEEP POSTED AT ALL REASONABLE TIMES ON THE PREMISES AND NOTICES WHICH LANDLORD SHALL BE REQUIRED SO TO POST FOR THE PROTECTION OF LANDLORD AND THE PREMISES FROM ANY SUCH LIEN.such

Construction by Tenant. 5.1 Should During the Term of this Lease, Tenant may, with the prior written approval 1. of the City Manager or his designee, construct, add to or alter the Tenant Improvements on the Premises subject to all terms and conditions set forth herein. Any such construction, including construction of the Tenant Improvements, any claim addition, or any alteration will be performed in a workmanlike manner in accordance with all applicable governmental regulations and requirements and the Airport Standards, and shall not weaken or impair the structural strength of lien any existing improvement or other lien be filed against reduce the value of the Premises or any improvements thereon. The approval of the Parking Facility by reason City Manager or his designee shall not be required for interior alterations or improvements, provided that such interior alterations or improvements do not require Tenant to obtain a building permit pursuant to City Ordinance for such interior alterations or improvements. Within thirty (30) days of completion of any act or omission of construction during the term hereof, including the Tenant Improvements and any other improvement and any addition or any of Tenant’s agentsalteration to either, employees, contractors or representatives, then Tenant shall cause the provide a complete set of as-built drawings of same to be canceled CITY along with a certification of construction costs for all permanent improvements plus, to the extent not shown in the as-built drawings, additional drawings showing the location and discharged details of record by bond or otherwise within fifteen (15) days after notice to Tenant installation of the filing thereof. Should Tenant fail to discharge such lien within such fifteen (15) day periodall equipment, then Landlord may discharge the sameutility lines, in which event Tenant shall reimburse Landlordheating, on demandventilating, for the amount of the lien or the amount of the bond, if greater, plus all administrative costs incurred by Landlord in connection therewith, with interest thereon from the date Landlord discharges such lien at the lesser of twelve percent (12%) per annum or the maximum lawful rate of interest permitted by applicable law. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Agreement or otherwiseair-condition ducts and related matters. Tenant shall have no power keep all said drawings current by updating the same in order to do reflect thereon any act changes or make modifications which may be made in or to the Premises and shall provide such updates to CITY within thirty (30) days of such change of modification. Design and construction specifications and documents for the Tenant 2. Improvements must be reviewed and approved in writing for conformance with the Tenant Development Plan by the City Manager or his designee prior to commencement of construction. The design documents for any contract that may create or be construction, including the foundation of Tenant Improvements, any lien, mortgage or other encumbrance upon the reversionary or other estate of Landlordaddition, or any interest alteration must be prepared by appropriately licensed design professionals and must be reviewed and approved in writing for conformance with the Airport Standards and the Tenant Development Plan by the City Manager or his designee prior to commencement of Landlord construction. Unless expressly waived in writing by the CITY, all construction, including the 3. Tenant Improvements, any additions, or any alterations, the cost of which (including any site preparation, demolition or other related work) will exceed the sum of $50,000.00, Tenant shall obtain and provide performance and payment bonds, or an unconditional letter of credit, in the Premises and/or penal sum of 100% of the Parking Facility. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PREMISES OR THE PARKING FACILITY. TENANT SHALL NOTIFY ANY CONTRACTOR PERFORMING ANY CONSTRUCTION WORK IN THE PREMISES ON BEHALF OF TENANT THAT THIS AGREEMENT SPECIFICALLY PROVIDES THAT THE INTEREST OF LANDLORD IN THE PREMISES SHALL NOT BE SUBJECT TO LIENS FOR IMPROVEMENTS MADE BY TENANT, AND NO MECHANIC’S LIEN OR OTHER LIEN FOR ANY SUCH LABOR, SERVICES, MATERIALS, SUPPLIES, MACHINERY, FIXTURES OR EQUIPMENT SHALL ATTACH TO OR AFFECT THE STATE OR INTEREST OF LANDLORD IN AND TO THE PREMISES, THE PARKING FACILITY, OR ANY PORTION THEREOF. IN ADDITION, LANDLORD SHALL HAVE THE RIGHT TO POST AND KEEP POSTED AT ALL REASONABLE TIMES ON THE PREMISES AND NOTICES WHICH LANDLORD SHALL BE REQUIRED SO TO POST FOR THE PROTECTION OF LANDLORD AND THE PREMISES FROM ANY SUCH LIENcost of the work and also naming CITY as the obligee or beneficiary thereunder.

Construction by Tenant. 5.1 Should any claim of lien With respect to construction by Tenant, Tenant, its contractors or other lien agents shall provide Landlord sufficient evidence that it (they) is (are) covered under such workmen's compensation, public liability, and property damage insurance as Landlord may reasonably request for its protection. All such labor shall be filed performed and materials furnished at Tenant's own cost, expense and risk. With respect to any contract for any such labor or materials, Tenant acts as a principal and not as an agent of Landlord. Tenant agrees to indemnify and hold Landlord harmless from all claims (including costs and expenses of defending against the Premises such claims) arising or the Parking Facility by reason of alleged to arise from any act or omission of Tenant or any of Tenant’s 's agents, employees, contractors contractors, subcontractors, laborers, materialmen or representatives, then invitees or arising from any bodily injury or property damage occurring or alleged to have occurred incident to Tenant's work at the Leased Premises. Tenant shall have no authority to place any lien upon tile Leased Premises or any interest therein or in any way to bind Landlord; and any attempt to do so shall be void and of no effect. Landlord expressly disclaims liability for the cost of labor performed or materials furnished by Tenant. If, because of any actual or alleged act or omission of Tenant, any lien, affidavit, charge or order for the payment of money shall be filed against Landlord, the Leased Premises or any portion thereof or interest therein, whether or not such lien, affidavit, charge or order is valid or enforceable, Tenant shall, at its own cost and expense, cause the same to be canceled and discharged of record by bond payment, bonding or otherwise within fifteen not later than thirty (1530) days after notice to Tenant of the filing thereof, but in all events, prior to the foreclosure thereof. Should Tenant fail to discharge such lien within such fifteen (15) day period, then Landlord may discharge the same, in which event Tenant shall reimburse Landlord, on demand, for the amount All of Tenant's construction of the lien or the amount of the bond, if greater, plus all administrative costs incurred by Landlord in connection therewith, with interest thereon from the date Landlord discharges such lien at the lesser of twelve percent (12%) per annum or the maximum lawful rate of interest permitted by applicable law. The remedies provided herein Leased Premises shall be performed in addition a good and workmanlike manner satisfactory to Landlords' architect in accordance with applicable building codes, regulations and all other remedies available to Landlord under this Agreement legal requirements, and shall not interfere with or otherwise. Tenant shall have no power to do delay any act or make any contract that may create or be the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of work being done by Landlord, or any interest of Landlord in the Premises and/or the Parking Facility. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PREMISES OR THE PARKING FACILITY. TENANT SHALL NOTIFY ANY CONTRACTOR PERFORMING ANY CONSTRUCTION WORK IN THE PREMISES ON BEHALF OF TENANT THAT THIS AGREEMENT SPECIFICALLY PROVIDES THAT THE INTEREST OF LANDLORD IN THE PREMISES SHALL NOT BE SUBJECT TO LIENS FOR IMPROVEMENTS MADE BY TENANT, AND NO MECHANIC’S LIEN OR OTHER LIEN FOR ANY SUCH LABOR, SERVICES, MATERIALS, SUPPLIES, MACHINERY, FIXTURES OR EQUIPMENT SHALL ATTACH TO OR AFFECT THE STATE OR INTEREST OF LANDLORD IN AND TO THE PREMISES, THE PARKING FACILITY, OR ANY PORTION THEREOF. IN ADDITION, LANDLORD SHALL HAVE THE RIGHT TO POST AND KEEP POSTED AT ALL REASONABLE TIMES ON THE PREMISES AND NOTICES WHICH LANDLORD SHALL BE REQUIRED SO TO POST FOR THE PROTECTION OF LANDLORD AND THE PREMISES FROM ANY SUCH LIEN's contractors.

Construction by Tenant. 5.1 Should any claim of lien or other lien be filed against the Premises or the Parking Facility by reason of any act or omission of Tenant or any of Tenant’s agents, employees, contractors or representatives, then Tenant shall cause construction of the same Tenant ---------------------- Improvements to be canceled completed in a good and discharged of record by bond or otherwise within fifteen (15) days after notice to Tenant workmanlike manner, in compliance with all laws, including, without limitation, any provisions of the filing thereofAmericans with Disabilities Act that may apply to the Tenant Improvements, and at Tenant's sole cost and expense (except for the items to be completed by Landlord hereunder), subject to the payment of the Tenant Improvement Allowance. Should Tenant fail to discharge such lien within such fifteen (15) day period, then Landlord may discharge the same, in which event Tenant shall reimburse competitively bid the work to be completed hereunder to at least two (2) general contractors satisfactory to Landlord, on demandand shall select the lowest bid, for after adjusting the assumptions of each bid to provide an "apples to apples" comparison of cost. The final Construction Contract, including, without limitation, the schedule of progress payments and the amount of retention provided therein shall be subject to the lien or approval of Landlord. The Tenant Improvements cost ("Tenant Improvements Cost") to be paid by Landlord, up to the Tenant Improvement Allowance shall include, but not be limited to: (i) Costs to demolish the existing Tenant Improvements and fixtures on each floor; (ii) [Intentionally Deleted]; (iii) All costs of preliminary and final architectural and engineering plans, drawings and specifications for the Tenant Improvements, and engineering costs and calculations; (iv) All costs of obtaining building permits and other necessary authorizations from the applicable governmental authority (e.g., the City in which the Building is located); (v) All costs of interior design and finish schedule plans, drawings and specifications including as-built drawings; (vi) All direct and indirect costs of procuring and installing Tenant Improvements in the Premises, including the contractor's fee for overhead and profit, the cost of all of contractor's on-site supervisory and administrative staff, office, equipment and temporary services provided in connection with construction of the Tenant Improvements; (vii) Costs of reinforcing floors, installing telecommunications and electrical facilities, equipment and wiring necessary for Tenant's use; (viii) Sewer connection fees, if any; (ix) A supervision Fee payable to Landlord in the amount of the bond, if greater, plus all administrative costs incurred by Landlord in connection therewith, with interest thereon from the date Landlord discharges such lien at the lesser of twelve two percent (122%) per annum or of the maximum lawful rate of interest permitted total construction cost; (x) Fire and Builder's Risk insurance and public liability insurance premiums and fees maintained by applicable law. The remedies provided herein shall be in addition Tenant's contractor during construction with respect to all other remedies available the work; and (xi) Tenant's moving costs and the costs to Landlord under this Agreement or otherwise. Tenant shall have no power to do any act or make any contract that may create or be the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any interest of Landlord in cable the Premises and/or the Parking Facility. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PREMISES OR THE PARKING FACILITY. TENANT SHALL NOTIFY ANY CONTRACTOR PERFORMING ANY CONSTRUCTION WORK IN THE PREMISES ON BEHALF OF TENANT THAT THIS AGREEMENT SPECIFICALLY PROVIDES THAT THE INTEREST OF LANDLORD IN THE PREMISES SHALL NOT BE SUBJECT TO LIENS FOR IMPROVEMENTS MADE BY TENANT, AND NO MECHANIC’S LIEN OR OTHER LIEN FOR ANY SUCH LABOR, SERVICES, MATERIALS, SUPPLIES, MACHINERY, FIXTURES OR EQUIPMENT SHALL ATTACH TO OR AFFECT THE STATE OR INTEREST OF LANDLORD IN AND TO THE PREMISES, THE PARKING FACILITY, OR ANY PORTION THEREOF. IN ADDITION, LANDLORD SHALL HAVE THE RIGHT TO POST AND KEEP POSTED AT ALL REASONABLE TIMES ON THE PREMISES AND NOTICES WHICH LANDLORD SHALL BE REQUIRED SO TO POST FOR THE PROTECTION OF LANDLORD AND THE PREMISES FROM ANY SUCH LIENfor telephone and electrical service.

Construction by Tenant. 5.1 Should any claim of lien (a) All buildings and other improvements constructed by or other lien be filed against the Premises or the Parking Facility by reason of any act or omission on behalf of Tenant or any upon the Demised Premises are referred to in this Lease as the "Improvements." Tenant has informed Landlord that it intends to develop the Demised Premises as the first phase of a two-phase development contemplated by Tenant which may include additional land within the Research Park. Construction on the first phase of Tenant’s agents's development, employeeswhich is subject to Tenant's compliance with the Restrictions, contractors shall commence within one (1) year from final plan approval as set forth in said Restrictions. Submittals toward plan approval shall promptly commence. Tenant has informed Landlord that it intends to construct approximately __________________ (________) square feet of Floor Area in connection with the first phase of construction on the Demised Premises. (b) Plan submittals as well as construction in connection with any Improvements, once commenced, and all required reviews by Landlord, shall be diligently pursued to substantial completion. Attached hereto as Exhibit C is a listing of documents constituting Tenant's "Preliminary Plan Package", for its first phase of construction. All further plan or representativesdriveway submittals required by the Restrictions will be approved by Landlord for the first phase of construction so long as they are substantially consistent with the Preliminary Plan Package. Tenant, then at its expense and subject to compliance with the Restrictions and all applicable building regulations, may from time to time remodel or demolish any Improvements, or construct other Improvements on the Demised Premises and remodel or demolish such other Improvements. All construction plans for the second phase of Tenant's construction will require separate plan submittal and approval as required by the Restrictions. Tenant shall cause acknowledges and agrees that construction plans for the same to second phase of Tenant's construction will not be canceled and discharged of record by bond or otherwise within fifteen (15) days after notice to granted unless Tenant has acquired a leasehold interest in that portion of the filing thereof. Should Research Park identified as Parcel IA on Exhibit A-1 and has executed an amendment to this Lease in the form of Exhibit D attached hereto. (c) Tenant fail to discharge such lien within such fifteen (15) day period, then has informed Landlord may discharge the same, in which event Tenant shall reimburse Landlord, on demand, for the amount that development of the lien or the amount Demised Premises will require partial abandonment of Science Drive and relocation of a portion of the bond, if greater, plus all administrative costs incurred by existing infrastructure. Landlord in connection therewith, has approved the partial abandonment of Science Drive subject to final site plan approval and Tenant's compliance with interest thereon from the date Landlord discharges such lien at the lesser City of twelve percent (12%) per annum or the maximum lawful rate of interest permitted by applicable law. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Agreement or otherwiseTempe requirements. Tenant shall have no power to do any act or make any contract that may create or be solely responsible for all costs arising out of the foundation partial abandonment of any lienScience Drive and infrastructure relocation, mortgage or other encumbrance upon the reversionary or other estate including without limitation, utility relocation, City of LandlordTempe fees, or any interest of Landlord in the Premises and/or the Parking Facility. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABORutility participation charges, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PREMISES OR THE PARKING FACILITY. TENANT SHALL NOTIFY ANY CONTRACTOR PERFORMING ANY CONSTRUCTION WORK IN THE PREMISES ON BEHALF OF TENANT THAT THIS AGREEMENT SPECIFICALLY PROVIDES THAT THE INTEREST OF LANDLORD IN THE PREMISES SHALL NOT BE SUBJECT TO LIENS FOR IMPROVEMENTS MADE BY TENANT, AND NO MECHANIC’S LIEN OR OTHER LIEN FOR ANY SUCH LABOR, SERVICES, MATERIALS, SUPPLIES, MACHINERY, FIXTURES OR EQUIPMENT SHALL ATTACH TO OR AFFECT THE STATE OR INTEREST OF LANDLORD IN AND TO THE PREMISES, THE PARKING FACILITY, OR ANY PORTION THEREOF. IN ADDITION, LANDLORD SHALL HAVE THE RIGHT TO POST AND KEEP POSTED AT ALL REASONABLE TIMES ON THE PREMISES AND NOTICES WHICH LANDLORD SHALL BE REQUIRED SO TO POST FOR THE PROTECTION OF LANDLORD AND THE PREMISES FROM ANY SUCH LIENpermits and development fees.

Construction by Tenant. 5.1 Should any claim of lien or other lien be filed against the Premises or the Parking Facility by reason of any act or omission of Tenant or any of Tenant’s agents, employees, contractors or representatives, then Tenant shall cause construction of the same ---------------------- Tenant Improvements to be canceled completed in a good and discharged of record workmanlike manner, in compliance with all laws, including, without limitation, the Americans with Disabilities Act, and at Tenant's sole cost and expense (except for the items to be completed by bond or otherwise within fifteen (15) days after notice Landlord hereunder), subject to Tenant the payment of the filing thereofTenant Improvement Allowance. Should Tenant fail shall competitively bid the work to discharge be completed hereunder to at least two (2) general contractors reasonably satisfactory to Landlord, and shall select the lowest bid, after adjusting the assumptions of each bid to provide an "apples to apples" comparison of cost. The final Construction Contract, including, without limitation, the schedule of progress payments and the amount of retention provided therein shall be subject to the reasonable approval of Landlord. The Tenant Improvements cost ("Tenant Improvements Cost") to be paid by Landlord, up to the Tenant Improvement Allowance shall include, but not be limited to: (i) Costs to demolish the existing Tenant Improvements and fixtures on each floor; (ii) Costs of any structural or ADA upgrades required as a result of Tenant's construction, but excluding any costs repair of any patent or latent structural defects or of ADA compliance that are the responsibility of Landlord under the Lease; (iii) All costs of preliminary and final architectural and engineering plans, drawings and specifications for the Tenant Improvements, and engineering costs and calculations; (v) All costs of interior design and finish schedule plans, drawings and specifications including as-built drawings; (vi) All direct and indirect costs of procuring and installing Tenant Improvements in the Premises, including the contractor's fee for overhead and profit, the cost of all of contractor's on-site supervisory and administrative staff, office, equipment and temporary services provided in connection with construction of the Tenant Improvements; (vii) Costs of installing telecommunications and electrical facilities, equipment and wiring necessary for Tenant's use and costs of reinforcing floors if required in connection with the particular proposed improvements to be constructed by Tenant and not otherwise generally required by code, but not structural seismic improvements, which shall be made by Landlord, unless the Premises are in compliance with seismic requirements as of the date Tenant commences its construction and such lien within such fifteen (15) day period, then Landlord may discharge upgrade is required as a result of a specific improvement Tenant proposes to make pursuant to the sameTenant Improvement Construction Agreement, in which event case Tenant shall reimburse Landlordbear the cost of such upgrade; (viii) Sewer connection fees, on demand, for if any; (ix) A supervision Fee payable to Landlord in the amount of the lien or the amount two percent (2%) of the bond, if greater, plus all administrative costs incurred by Landlord in connection therewith, with interest thereon from the date Landlord discharges such lien at the lesser of twelve percent total construction cost; (12%x) per annum or the maximum lawful rate of interest permitted by applicable law. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Agreement or otherwise. Tenant shall have no power to do any act or make any contract that may create or be the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any interest of Landlord in the Premises and/or the Parking Facility. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PREMISES OR THE PARKING FACILITY. TENANT SHALL NOTIFY ANY CONTRACTOR PERFORMING ANY CONSTRUCTION WORK IN THE PREMISES ON BEHALF OF TENANT THAT THIS AGREEMENT SPECIFICALLY PROVIDES THAT THE INTEREST OF LANDLORD IN THE PREMISES SHALL NOT BE SUBJECT TO LIENS FOR IMPROVEMENTS MADE BY TENANT, AND NO MECHANIC’S LIEN OR OTHER LIEN FOR ANY SUCH LABOR, SERVICES, MATERIALS, SUPPLIES, MACHINERY, FIXTURES OR EQUIPMENT SHALL ATTACH TO OR AFFECT THE STATE OR INTEREST OF LANDLORD IN AND TO THE PREMISES, THE PARKING FACILITY, OR ANY PORTION THEREOF. IN ADDITION, LANDLORD SHALL HAVE THE RIGHT TO POST AND KEEP POSTED AT ALL REASONABLE TIMES ON THE PREMISES AND NOTICES WHICH LANDLORD SHALL BE REQUIRED SO TO POST FOR THE PROTECTION OF LANDLORD AND THE PREMISES FROM ANY SUCH LIEN.Fire and Builder's All-Risk insurance and public liability insurance premiums and fees; and