Common use of Construction Liens Clause in Contracts

Construction Liens. (1) If any lien under the Construction Act, R.S.O. 1990, c. C30, or any like statute shall at any time be registered against the Demised Premises by reason of work done or materials supplied for or to the Tenant or for or to anyone holding an interest in the Demised Premises through the Tenant or if the Landlord is given notice of any such lien, the lien shall be discharged or vacated from the title to the Demised Premises by the Tenant within ninety (90) days after the lien is filed or sooner if the Demised Premises are in jeopardy of forfeiture or sale by the party performing the Work in respect of which the lien was filed even if the validity of the lien is being contested, if requested by the Landlord, or by a Leasehold Mortgagee. If the Tenant wishes to contest the amount or validity of any lien and has so notified the Landlord and if the Tenant has deposited with the Landlord or paid into court to the credit of the lien action the amount of the lien plus a reasonable amount for costs and has registered a discharge of such lien, the Tenant may defer payment of such lien for a period of time sufficient to enable the Tenant to contest the lien with due diligence, provided always that the Demised Premises shall not thereby become liable to forfeiture or sale. (2) The Landlord may, but shall not be obligated to, discharge or vacate any construction lien if in the Landlord's judgment, exercised reasonably, the Demised Premises become liable to immediate forfeiture or sale or the Demised Premises is otherwise in jeopardy, and any amount paid by the Landlord in so doing, shall be reimbursed to the Landlord by the Tenant as Additional Rent within thirty (30) days after demand. If a construction lien is not discharged and vacated within three (3) months of registration, notwithstanding that the lien may be contested, the Landlord shall have the right, on written notice to the Tenant, to terminate the Lease. (3) Nothing herein contained shall authorize Tenant, or imply any consent or agreement or request on the part of the Landlord to subject the Landlord's estate or interest in the Demised Premises and/or the Building to any construction lien or any other lien of any nature or kind whatsoever. Notice is hereby given to all parties that the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to be subject to any construction lien or other lien of any nature or kind whatsoever without the express written agreement of the Landlord to this effect. Tenant acknowledges that the Landlord is not, and should not be held to be, an owner as that term is defined in the Construction Act with respect to the construction of any work on the Demised Premises by, or on behalf of Tenant.

Construction Liens. (1) If Tenant shall have no power to do any lien under act or make any contract that may create or be the Construction Actfoundation of any lien, R.S.O. 1990, c. C30mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any like statute interest of Landlord in the Property or Facility Premises. 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 PROPERTY OR FACILITY PREMISES. Tenant shall at keep the Property and Facility Premises free from any time liens arising out of any work performed, materials furnished, or obligations incurred by or on behalf of Tenant. Should any lien or claim of lien be registered filed against the Demised Property or Facility Premises by reason of work done any act or materials supplied for or to the omission of Tenant or for any of Tenant’s agents, employees, contractors or representatives, then Tenant shall cause the same to anyone holding an interest in the Demised Premises through the Tenant be canceled and discharged of record by bond or if the Landlord is given notice of any such lien, the lien shall be discharged or vacated from the title to the Demised Premises by the Tenant within ninety (90) days after the lien is filed or sooner if the Demised Premises are in jeopardy of forfeiture or sale by the party performing the Work in respect of which the lien was filed even if the validity of the lien is being contested, if requested by the Landlord, or by a Leasehold Mortgagee. If the Tenant wishes to contest the amount or validity of any lien and has so notified the Landlord and if the Tenant has deposited with the Landlord or paid into court to the credit of the lien action the amount of the lien plus a reasonable amount for costs and has registered a discharge of such lien, the Tenant may defer payment of such lien for a period of time sufficient to enable the Tenant to contest the lien with due diligence, provided always that the Demised Premises shall not thereby become liable to forfeiture or sale. (2) The Landlord may, but shall not be obligated to, discharge or vacate any construction lien if in the Landlord's judgment, exercised reasonably, the Demised Premises become liable to immediate forfeiture or sale or the Demised Premises is otherwise in jeopardy, and any amount paid by the Landlord in so doing, shall be reimbursed to the Landlord by the Tenant as Additional Rent within thirty (30) days after the filing thereof. Should Tenant fail to discharge the lien within thirty (30) days, then Landlord may discharge the lien. The amount paid by Landlord to discharge the lien (whether directly or by bond), plus all administrative and legal costs incurred by Landlord, shall be additional rent payable on demand. If a construction lien is not discharged and vacated within three (3) months of registration, notwithstanding that the lien may The remedies provided herein shall be contested, the Landlord shall have the right, on written notice to the Tenant, to terminate the Lease. (3) Nothing herein contained shall authorize Tenant, or imply any consent or agreement or request on the part of the Landlord to subject the Landlord's estate or interest in the Demised Premises and/or the Building to any construction lien or any other lien of any nature or kind whatsoever. Notice is hereby given addition to all other remedies available to Landlord under this Lease or otherwise. The parties hereto agree that in no event shall the interest of Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to be subject to the liens for improvements made by Tenant, and this expressly prohibits such liability. Pursuant to Section 713.10, Florida Statutes, this provision specifically provides that no interest of Landlord shall be subject to liens for improvements made by the Tenant at or under Tenant’s direction. This provision shall serve as notice to all potential construction lienors that Landlord shall not be liable for and the Facility Premises shall not be subject to liens for work performed or materials supplied at Tenant’s request or at the request of anyone claiming an interest by, through or under Tenant. Further, any construction lien contractor, vendor, supplier or other party providing work or services to and for the Premises that is entitled to a mechanic’s lien of any nature or kind whatsoever without pursuant to Chapter 713, Florida Statutes, shall look solely to the express written agreement leasehold interest of the Landlord Tenant in the Lease and may not encumber the fee title to this effectthe Premises owned by the Landlord. Tenant acknowledges that the Landlord is notshall provide notice of this provision to all contractors, vendors, suppliers, and should not other parties providing work or materials at the Premises. The foregoing provision shall be held to beincluded in any recorded notice under Section 713.10, an owner as that term is defined in the Construction Act with respect to the construction of any work on the Demised Premises byFlorida Statutes, or on behalf memorandum of Tenantthis Lease.

Construction Liens. (1) If any .1 Notwithstanding anything else in this Appendix 1 – Payments and Holdbacks, in the event a claim for a construction lien under the Construction Act, R.S.O. 1990, c. C30, or any like statute shall at any time be is registered against the Demised Premises by reason of work done or materials supplied for or to the Tenant or for or to anyone holding an interest in the Demised Premises through the Tenant or if the Landlord is given notice of any such lien, the lien shall be discharged or vacated Site arising from the title to the Demised Premises by the Tenant within ninety (90) days after the lien is filed or sooner if the Demised Premises are in jeopardy of forfeiture or sale by the party performing the Work in respect of which the lien was filed even if the validity performance of the lien is being contestedConstruction Work, if requested by the Landlord, and unless Contractor makes alternative arrangements to bond or by a Leasehold Mortgagee. If the Tenant wishes to contest the amount or validity of any lien and has so notified the Landlord and if the Tenant has deposited with the Landlord or paid into court to the credit of the lien action otherwise secure the amount of the lien plus a reasonable claim and costs associated therewith satisfactory to Project Co, acting reasonably, or Project Co receives any written notice of lien arising from the performance of the Construction Work, Project Co shall be entitled to withhold such portion of any payment otherwise due to Contractor in an amount for Project Co reasonably determines would be required to satisfy the applicable lien claimant and any costs and has registered a discharge expenses incurred by Project Co in connection therewith, including such amount on account of costs of the lien claimant such lienthat Project Co may, the Tenant may defer upon payment of the amount of the lien claim together with such costs into court, obtain an order vacating such lien for pursuant to the Construction Lien Act (Ontario), until such time as such claim has been dealt with as provided below. .2 In the event that a period written notice of time sufficient a construction lien arising from the performance of the Construction Work is received by Project Co, and unless Contractor makes alternative arrangements to enable bond or otherwise secure the Tenant to contest amount of the lien with due diligenceclaim and costs associated therewith satisfactory to Owner acting reasonably, provided always that Contractor shall, within 30 days, at its sole expense, arrange for the Demised Premises shall not thereby become liable withdrawal or other disposal of the written notice of a lien pursuant to forfeiture or salethe Construction Lien Act (Ontario). (2) The Landlord may, but shall not be obligated to, discharge or vacate any construction lien if in the Landlord's judgment, exercised reasonably, the Demised Premises become liable to immediate forfeiture or sale or the Demised Premises is otherwise in jeopardy, and any amount paid by the Landlord in so doing, shall be reimbursed to the Landlord by the Tenant as Additional Rent within thirty (30) days after demand. .3 If a construction lien arising from the performance of the Construction Work is not discharged registered against the Site, and vacated within three (3) months unless Contractor makes alternative arrangements to bond or otherwise secure the amount of registration, notwithstanding that the lien may be contestedclaim and costs associated therewith satisfactory to Project Co, acting reasonably, Contractor shall, within 30 days, at its sole expense, vacate or discharge the Landlord shall have lien from title to the rightSite. If the lien is merely vacated, on Contractor shall, if requested, undertake Project Co’s defence of any subsequent action commenced in respect of the lien at Contractor’s expense. .4 If Contractor fails or refuses to vacate or discharge a construction lien or written notice of lien arising from the performance of the Construction Work within the time prescribed above, and unless Contractor makes alternative arrangements to bond or otherwise secure the amount of the lien claim and costs associated therewith satisfactory to Project Co, acting reasonably, Project Co shall, at its option, be entitled to take all steps necessary to vacate and/or discharge the lien, and all costs incurred by Project Co in doing so (including legal fees on a full indemnity basis and any payment which may ultimately be made out of or pursuant to security posted to vacate the lien) shall be for the account of Contractor, and Project Co may deduct such amounts from the amounts otherwise due or owing to Contractor. .5 Without limiting any of the foregoing, Contractor shall satisfy all judgments and pay all costs resulting from any construction liens arising from the performance of the Construction Work or any actions brought in connection with any such liens, or in connection with any other claim or lawsuit brought against Project Co by any person that provided services or materials to the Tenant, to terminate the Lease. (3) Nothing herein contained shall authorize Tenant, or imply any consent or agreement or request on the Site which constituted part of the Landlord Construction Work. .6 The provisions of Sections 2.5.1 through 2.5.5 inclusive, of this Appendix 1, do not apply to subject the Landlord's estate or interest in the Demised Premises and/or the Building to any construction lien or any other lien liens (i) filed by Contractor which are claimed as a result of any nature or kind whatsoever. Notice is hereby given default of Project Co to all parties that make payments to Contractor in accordance with the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to be subject to any construction lien or other lien of any nature or kind whatsoever without the express written agreement terms of the Landlord to this effect. Tenant acknowledges that the Landlord is notConstruction Contract or (ii) filed by any Owner Party, and should not be held to beincluding for greater certainty Owner’s own forces or Owner’s other contractors, an owner which are claimed as that term is defined a result of work in the Construction Act with respect relation to the construction of any work on the Demised Premises by, or on behalf of TenantProject.

Construction Liens. (1) If 16.1. Tenant shall not suffer or permit any lien under the Construction Actconstruction liens, R.S.O. 1990, c. C30, mechanic’s liens or any like statute shall at any time materialman’s liens to be registered filed against the Demised Premises by reason of work done or materials supplied for or to the Tenant or for or to anyone holding an Landlord’s interest in the Demised Premises through the Tenant or if the Landlord is given notice of any such lien, the lien shall be discharged or vacated from the title to the Demised Premises by the Tenant within ninety (90) days after the lien is filed or sooner if the Demised Premises are in jeopardy of forfeiture or sale by the party performing the Work in respect real property of which the lien was filed even if Premises form a part nor against the validity of the lien is being contested, if requested by the Landlord, or by a Leasehold Mortgagee. If the Tenant wishes to contest the amount or validity of any lien and has so notified the Landlord and if the Tenant has deposited with the Landlord or paid into court to the credit of the lien action the amount of the lien plus a reasonable amount for costs and has registered a discharge of such lien, the Tenant may defer payment of such lien for a period of time sufficient to enable the Tenant to contest the lien with due diligence, provided always that the Demised Premises shall not thereby become liable to forfeiture or sale. (2) The Landlord may, but shall not be obligated to, discharge or vacate any construction lien if Tenant’s leasehold interest in the Landlord's judgment, exercised reasonably, the Demised Premises become liable to immediate forfeiture or sale or the Demised Premises is otherwise in jeopardy, and any amount paid by the Landlord in so doing, shall be reimbursed to the Landlord by the (“Tenant as Additional Rent within thirty (30) days after demandLien”). If a construction lien is not discharged and vacated within three (3) months of registration, notwithstanding that the lien may be contested, the Landlord shall have the rightright at all reasonable times to post and keep posted on the Premises, any notices which it deems necessary for protection from such liens, or take such other action as applicable law may require to protect from such liens. In connection therewith, Tenant shall cooperate with Landlord and shall sign any notice or other documents reasonably required by Landlord to comply with such applicable law. Tenant shall have the right to contest by proper proceedings any Tenant Lien, provided that Tenant shall prosecute such contest diligently and in good faith and such contest shall not expose Landlord to any civil or criminal penalty or liability in connection therewith. In such case, within five (5) days after Landlord’s demand, Tenant shall furnish Landlord a surety bond or other adequate security satisfactory to Landlord in an amount equal to one hundred fifty percent (150%) of the amount of such claim or such higher amount as may be reasonably required to both to indemnify Landlord against liability and hold the Property free from adverse effect in the event the contest is not successful (“Xxxx Xxxx”). The Xxxx Xxxx may be retained by Landlord until the Tenant Lien has been removed of record or until judgment has been rendered on such claim and such judgment has become final, at which time Landlord shall have the right to apply such Xxxx Xxxx in discharge of the judgment on the Tenant Lien and to any actual costs, including reasonable attorneys’ fees incurred by Landlord, and shall remit the balance thereof to Tenant. In the event that a Tenant Lien is filed and Tenant does not properly contest such lien or timely post the Xxxx Xxxx, Landlord, at its election, and upon not less than five (5) days prior written notice to the Tenant, may pay and satisfy the Tenant Lien and, in such event the sums so paid by Landlord, including all actual and other expenses, including reasonable attorney’s fees, so paid by Landlord, shall be deemed to terminate be additional Rent due and shall be payable by Tenant at once without notice or demand together with interest thereon from the Leasedate of payment at the rate of eighteen percent (18%) per annum, provided such interest rate shall not exceed the maximum interest rate permitted by law. Notwithstanding the foregoing, Tenant shall have no responsibility for discharge of any mechanics’ liens filed by a contractor, subcontractor, materialman, or laborer of Landlord. 16.2. Tenant agrees to give Landlord written notice not less than ten (310) Nothing herein contained shall authorize Tenant, or imply any consent or agreement or request on the part days in advance of the Landlord to subject the Landlord's estate or interest in the Demised Premises and/or the Building to any construction lien or any other lien commencement of any nature or kind whatsoever. Notice is hereby given to all parties Tenant Repairs in order that the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to be subject to any construction lien or other lien may post appropriate notices of any nature or kind whatsoever without the express written agreement of the Landlord to this effect. Tenant acknowledges that the Landlord is not, and should not be held to be, an owner as that term is defined in the Construction Act with respect to the construction of any work on the Demised Premises by, or on behalf of TenantLandlord’s non-responsibility.

Construction Liens. (1) If any .1 Notwithstanding anything else in this Appendix 1 – Payments and Holdbacks, in the event a claim for a construction lien under the Construction Act, R.S.O. 1990, c. C30, or any like statute shall at any time be is registered against the Demised Premises by reason of work done or materials supplied for or to the Tenant or for or to anyone holding an interest in the Demised Premises through the Tenant or if the Landlord is given notice of any such lien, the lien shall be discharged or vacated Site arising from the title to the Demised Premises by the Tenant within ninety (90) days after the lien is filed or sooner if the Demised Premises are in jeopardy of forfeiture or sale by the party performing the Work in respect of which the lien was filed even if the validity performance of the lien is being contestedConstruction Work, if requested by the Landlord, and unless Contractor makes alternative arrangements to bond or by a Leasehold Mortgagee. If the Tenant wishes to contest the amount or validity of any lien and has so notified the Landlord and if the Tenant has deposited with the Landlord or paid into court to the credit of the lien action otherwise secure the amount of the lien plus a reasonable claim and costs associated therewith satisfactory to Project Co, acting reasonably, or Project Co receives any written notice of lien arising from the performance of the Construction Work, Project Co shall be entitled to withhold such portion of any payment otherwise due to Contractor in an amount for Project Co reasonably determines would be required to satisfy the applicable lien claimant and any costs and has registered a discharge expenses incurred by Project Co in connection therewith, including such amount on account of costs of the lien claimant such lienthat Project Co may, the Tenant may defer upon payment of the amount of the lien claim together with such costs into court, obtain an order vacating such lien for pursuant to the Construction Lien Act (Ontario), until such time as such claim has been dealt with as provided below. .2 In the event that a period written notice of time sufficient a construction lien arising from the performance of the Construction Work is received by Project Co, and unless Contractor makes alternative arrangements to enable bond or otherwise secure the Tenant to contest amount of the lien with due diligenceclaim and costs associated therewith satisfactory to Owner acting reasonably, provided always that Contractor shall, within 30 days, at its sole expense, arrange for the Demised Premises shall not thereby become liable withdrawal or other disposal of the written notice of a lien pursuant to forfeiture or salethe Construction Lien Act (Ontario). (2) The Landlord may, but shall not be obligated to, discharge or vacate any construction lien if in the Landlord's judgment, exercised reasonably, the Demised Premises become liable to immediate forfeiture or sale or the Demised Premises is otherwise in jeopardy, and any amount paid by the Landlord in so doing, shall be reimbursed to the Landlord by the Tenant as Additional Rent within thirty (30) days after demand. .3 If a construction lien arising from the performance of the Construction Work is not discharged registered against the Site, and vacated within three (3) months unless Contractor makes alternative arrangements to bond or otherwise secure the amount of registration, notwithstanding that the lien may be contestedclaim and costs associated therewith satisfactory to Project Co, acting reasonably, Contractor shall, within 30 days, at its sole expense, vacate or discharge the Landlord shall have lien from title to the rightSite. If the lien is merely vacated, on Contractor shall, if requested, undertake Project Co’s defence of any subsequent action commenced in respect of the lien at Contractor’s expense. .4 If Contractor fails or refuses to vacate or discharge a construction lien or written notice of lien arising from the performance of the Construction Work within the time prescribed above, and unless Contractor makes alternative arrangements to bond or otherwise secure the amount of the lien claim and costs associated therewith satisfactory to Project Co, acting reasonably, Project Co shall, at its option, be entitled to take all steps necessary to vacate and/or discharge the lien, and all costs incurred by Project Co in doing so (including legal fees on a full indemnity basis and any payment which may ultimately be made out of or pursuant to security posted to vacate the lien) shall be for the account of Contractor, and Project Co may deduct such amounts from the amounts otherwise due or owing to Contractor. .5 Without limiting any of the foregoing, Contractor shall satisfy all judgments and pay all costs resulting from any construction liens arising from the performance of the Construction Work or any actions brought in connection with any such liens, or in connection with any other claim or lawsuit brought against Project Co by any person that provided services or materials to the Tenant, to terminate the Lease. (3) Nothing herein contained shall authorize Tenant, or imply any consent or agreement or request on the Site which constituted part of the Landlord Construction Work. .6 The provisions of Sections 2.5.1 through 2.5.5 inclusive, of this Appendix 1, do not apply to subject the Landlord's estate or interest in the Demised Premises and/or the Building to any construction lien or any other lien liens (i) filed by Contractor which are claimed as a result of any nature or kind whatsoever. Notice is hereby given default of Project Co to all parties that make payments to Contractor in accordance with the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to be subject to any construction lien or other lien of any nature or kind whatsoever without the express written agreement terms of the Landlord to this effect. Tenant acknowledges that the Landlord is notConstruction Contract or (ii) filed by any Owner Party, and should not be held to beincluding for greater certainty Owner’s own forces or Owner's other contractors, an owner which are claimed as that term is defined a result of work in the Construction Act with respect relation to the construction of any work on the Demised Premises by, or on behalf of TenantProject.

Construction Liens. (1) If Landlord's interest in the Premises shall not be subject to liens for improvements made by Tenant. Tenant shall not permit any construction or other similar lien under the Construction Act, R.S.O. 1990, c. C30, or any like statute shall at any time to be registered filed and stand against the Demised Tenant's leasehold interest or the fee estate, reversion or other estate of Landlord in the Premises by reason of work done any work, labor, service or materials supplied performed for or furnished to the Tenant or for anyone occupying Premises (or to anyone holding an interest in the Demised Premises any part thereof) through the Tenant or if the Landlord is given notice of under Tenant. If any such lien, the lien shall be discharged filed in contravention of the foregoing, Tenant shall, without cost or vacated from the title expense to the Demised Premises by the Tenant Landlord and within ninety ten (9010) days after the lien is filed or sooner if the Demised Premises are in jeopardy of forfeiture or sale by the party performing the Work in respect of which the lien was filed even if the validity of the lien is being contested, if requested by the Landlord, or by a Leasehold Mortgagee. If the Tenant wishes to contest the amount or validity of any lien and has so notified the Landlord and if the Tenant has deposited with the Landlord or paid into court to the credit of the lien action the amount of the lien plus a reasonable amount for costs and has registered a discharge receiving notice of such lien, either cause the Tenant may defer payment of such lien for a period of time sufficient to enable the Tenant to contest the lien with due diligence, provided always that the Demised Premises shall not thereby become liable to forfeiture or sale. (2) The Landlord may, but shall not be obligated to, discharge or vacate any construction lien if in the Landlord's judgment, exercised reasonably, the Demised Premises become liable to immediate forfeiture or sale or the Demised Premises is otherwise in jeopardy, and any amount paid by the Landlord in so doing, shall be reimbursed to the Landlord by the Tenant as Additional Rent within thirty (30) days after demand. If a construction lien is not discharged and vacated within three (3) months of registration, notwithstanding that the lien may be contested, the Landlord shall have the right, on written notice to the Tenant, to terminate the Lease. (3) Nothing herein contained shall authorize Tenant, or imply any consent or agreement or request on the part of the Landlord to subject the Landlord's estate or interest in the Demised Premises and/or the Building to any construction lien or any other lien of any nature or kind whatsoever. Notice is hereby given to all parties that the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building same to be subject to any construction lien discharged of record by payment, bonding, court order or otherwise as provided by law. All materialmen, contractors and other lien of any nature or kind whatsoever without the express written agreement of the Landlord to this effect. persons contracting with Tenant acknowledges that the Landlord is not, and should not be held to be, an owner as that term is defined in the Construction Act with respect to the construction Premises or any part thereof, or any of their subcontractors, laborers or suppliers, or any such party who may avail himself of any lien against the Premises are hereby charged with notice that they shall look solely to Tenant to secure payment of any amounts due for work on done or material furnished to Tenant or the Demised Premises. Tenant shall advise all persons furnishing labor, materials or services to the Premises byin connection with Tenant's improvements thereof of the provisions of this Section. Tenant shall promptly inform Landlord upon receipt, by Tenant, of any notice of the filing of such construction liens. In the event Tenant shall fail to discharge said construction lien as aforesaid, Landlord, at its option, in addition to all other rights or on behalf remedies herei­n provided, may bond or pay said lien or claim without inquiring into the validity thereof for the account of Tenant, and all sums so advanced by Landlord shall be paid by Tenant as rent as and when Tenant is billed therefor. Landlord may record a memorandum of this Lease in order to advise others of the above provisions.

Construction Liens. (1) If Tenant shall have no power to do any lien under act or make any contract that may create or be the Construction Actfoundation of any lien, R.S.O. 1990, c. C30mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any like statute shall at any time be registered against the Demised Premises by reason interest of work done or materials supplied for or to the Tenant or for or to anyone holding an interest Landlord in the Demised Premises. 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 BUILDING. Tenant shall keep the Premises through the Tenant or if the Landlord is given notice of any such lien, the lien shall be discharged or vacated from the title to the Demised Premises by the Tenant within ninety (90) days after the lien is filed or sooner if the Demised Premises are in jeopardy of forfeiture or sale by the party performing the Work in respect of which the lien was filed even if the validity of the lien is being contested, if requested by the Landlord, or by a Leasehold Mortgagee. If the Tenant wishes to contest the amount or validity of any lien and has so notified the Landlord and if the Tenant has deposited with the Landlord or paid into court to the credit of the lien action the amount of the lien plus a reasonable amount for costs and has registered a discharge of such lien, the Tenant may defer payment of such lien for a period of time sufficient to enable the Tenant to contest the lien with due diligence, provided always that the Demised Premises shall not thereby become liable to forfeiture or sale. (2) The Landlord may, but shall not be obligated to, discharge or vacate any construction lien if in the Landlord's judgment, exercised reasonably, the Demised Premises become liable to immediate forfeiture or sale or the Demised Premises is otherwise in jeopardy, and any amount paid by the Landlord in so doing, shall be reimbursed to the Landlord by the Tenant as Additional Rent within thirty (30) days after demand. If a construction lien is not discharged and vacated within three (3) months of registration, notwithstanding that the lien may be contested, the Landlord shall have the right, on written notice to the Tenant, to terminate the Lease. (3) Nothing herein contained shall authorize Tenant, or imply any consent or agreement or request on the part of the Landlord to subject the Landlord's estate or interest in the Demised Premises and/or the Building to free from any construction lien or any other lien of any nature or kind whatsoever. Notice is hereby given to all parties that the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to be subject to any construction lien or other lien of any nature or kind whatsoever without the express written agreement of the Landlord to this effect. Tenant acknowledges that the Landlord is not, and should not be held to be, an owner as that term is defined in the Construction Act with respect to the construction liens arising out of any work on the Demised Premises byperformed, materials furnished, or obligations incurred by or on behalf of Tenant. Should any lien or claim of lien be filed against the Premises or the Building 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 ten (10) days after the filing thereof. Should Tenant fail to discharge the lien within ten (10) days, then Landlord may discharge the lien. The amount paid by Landlord to discharge the lien (whether directly or by bond), plus all administrative and legal costs incurred by Landlord, shall be Additional Rent payable on demand. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Lease or otherwise. TENANT SHALL NOTIFY ANY CONTRACTOR PERFORMING ANY CONSTRUCTION WORK IN THE PREMISES ON BEHALF OF TENANT THAT THIS LEASE 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 BUILDING, OR ANY PORTION THEREOF. IN ADDITION, LANDLORD SHALL HAVE THE RIGHT TO POST AND KEEP POSTED AT ALL REASONABLE TIMES ON THE PREMISES ANY NOTICES WHICH LANDLORD SHALL BE REQUIRED SO TO POST FOR THE PROTECTION OF LANDLORD AND THE PREMISES FROM ANY SUCH LIEN. TENANT AGREES TO PROMPTLY EXECUTE SUCH INSTRUMENTS IN RECORDABLE FORM IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF FLORIDA STATUTE SECTION 713.10.

Construction Liens. (1) If any .1 Notwithstanding anything else in this Appendix 1 – Payments and Holdbacks, in the event a claim for a construction lien under the Construction Act, R.S.O. 1990, c. C30, or any like statute shall at any time be is registered against the Demised Premises by reason of work done or materials supplied for or to the Tenant or for or to anyone holding an interest in the Demised Premises through the Tenant or if the Landlord is given notice of any such lien, the lien shall be discharged or vacated Site arising from the title to the Demised Premises by the Tenant within ninety (90) days after the lien is filed or sooner if the Demised Premises are in jeopardy of forfeiture or sale by the party performing the Work in respect of which the lien was filed even if the validity performance of the lien is being contestedConstruction Work, if requested by the Landlord, and unless Contractor makes alternative arrangements to bond or by a Leasehold Mortgagee. If the Tenant wishes to contest the amount or validity of any lien and has so notified the Landlord and if the Tenant has deposited with the Landlord or paid into court to the credit of the lien action otherwise secure the amount of the lien plus a reasonable claim and costs associated therewith satisfactory to Project Co, acting reasonably, or Project Co receives any written notice of lien arising from the performance of the Construction Work, Project Co shall be entitled to withhold such portion of any payment otherwise due to Contractor in an amount for Project Co reasonably determines would be required to satisfy the applicable lien claimant and any costs and has registered a discharge expenses incurred by Project Co in connection therewith, including such amount on account of costs of the lien claimant such lienthat Project Co may, the Tenant may defer upon payment of the amount of the lien claim together with such costs into court, obtain an order vacating such lien for pursuant to the Construction Lien Act (Ontario), until such time as such claim has been dealt with as provided below. .2 In the event that a period written notice of time sufficient a construction lien arising from the performance of the Construction Work is received by Project Co, and unless Contractor makes alternative arrangements to enable bond or otherwise secure the Tenant to contest amount of the lien with due diligenceclaim and costs associated therewith satisfactory to Owner acting reasonably, provided always that Contractor shall, within 30 days, at its sole expense, arrange for the Demised Premises shall not thereby become liable withdrawal or other disposal of the written notice of a lien pursuant to forfeiture or salethe Construction Lien Act (Ontario). (2) The Landlord may, but shall not be obligated to, discharge or vacate any construction lien if in the Landlord's judgment, exercised reasonably, the Demised Premises become liable to immediate forfeiture or sale or the Demised Premises is otherwise in jeopardy, and any amount paid by the Landlord in so doing, shall be reimbursed to the Landlord by the Tenant as Additional Rent within thirty (30) days after demand. .3 If a construction lien arising from the performance of the Construction Work is not discharged registered against the Site, and vacated within three (3) months unless Contractor makes alternative arrangements to bond or otherwise secure the amount of registration, notwithstanding that the lien may be contestedclaim and costs associated therewith satisfactory to Project Co, acting reasonably, Contractor shall, within 30 days, at its sole expense, vacate or discharge the Landlord shall have lien from title to the rightSite. If the lien is merely vacated, on Contractor shall, if requested, undertake Project Co’s defence of any subsequent action commenced in respect of the lien at Contractor’s expense. .4 If Contractor fails or refuses to vacate or discharge a construction lien or written notice of lien arising from the performance of the Construction Work within the time prescribed above, and unless Contractor makes alternative arrangements to bond or otherwise secure the amount of the lien claim and costs associated therewith satisfactory to Project Co, acting reasonably, Project Co shall, at its option, be entitled to take all steps necessary to vacate and/or discharge the lien, and all costs incurred by Project Co in doing so (including legal fees on a full indemnity basis and any payment which may ultimately be made out of or pursuant to security posted to vacate the lien) shall be for the account of Contractor, and Project Co may deduct such amounts from the amounts otherwise due or owing to Contractor. .5 Without limiting any of the foregoing, Contractor shall satisfy all judgments and pay all costs resulting from any construction liens arising from the performance of the Construction Work or any actions brought in connection with any such liens, or in connection with any other claim or lawsuit brought against Project Co by any person that provided services or materials to the Tenant, to terminate the Lease. (3) Nothing herein contained shall authorize Tenant, or imply any consent or agreement or request on the Site which constituted part of the Landlord Construction Work. .6 The provisions of Sections 2.5.1 through 2.5.5 inclusive, of this Appendix 1, do not apply to subject the Landlord's estate or interest in the Demised Premises and/or the Building to any construction lien or any other lien liens filed by Contractor which are claimed as a result of any nature or kind whatsoever. Notice is hereby given default of Project Co to all parties that make payments to Contractor in accordance with the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to be subject to any construction lien or other lien of any nature or kind whatsoever without the express written agreement terms of the Landlord to this effect. Tenant acknowledges that the Landlord is not, and should not be held to be, an owner as that term is defined in the Construction Act with respect to the construction of any work on the Demised Premises by, or on behalf of TenantContract.

Construction Liens. (1) If any lien under the Construction Act, R.S.O. 1990, c. C30A. Contractor shall ensure that no construction liens, or any like statute encumbrances in the nature thereof or any other encumbrances whatsoever (including equitable lien claims), shall at be filed or maintained by Contractor, or by any time be registered against the Demised Premises by reason of work done subcontractors, sub-subcontractors, materialmen, laborers or materials supplied other lienors (each, a "Lienor") in connection with any Work for which Owner has made payment for sums due and owning or for which payment is not yet due. As a condition to the Tenant or receipt of each Progress Payment from Owner, Contractor must furnish contemporaneously with each and every Application for or to anyone holding an interest Payment, all conditional releases of lien (the only condition being Owner's payment) from Contractor and each Lienor, in the Demised Premises through form prescribed by Owner or title insurer from time to time, together with an interim contractor's affidavit and release of lien in the Tenant or if the Landlord is given notice of any such lien, the lien shall be discharged or vacated from the form required by Owner and/or title to the Demised Premises by the Tenant within ninety insurer. Within two (902) days after Owner makes payment to Contractor, Contractor must provide Owner with all unconditional releases of lien from Contractor and all Lienors. Further, as a condition to the receipt of the Final Payment, the Contractor shall provide Owner with a final conditional release of lien from each Lienor (the only condition being payment), in the form prescribed by Owner and/or its title insurer from time to time all subject to the condition that the Final Payment being made to Contractor is paid within the time period specified herein. Within two (2) days after Owner makes payment to Contractor, Contractor must provide Owner with all unconditional releases of lien from Contractor and all Lienors. B. Each release of lien given to Owner shall waive and release any lien rights of the Lienors to the extent payment is made to Contractor with respect to any Work performed through the date of that Progress Payment. C. Contractor agrees to indemnify, defend and hold harmless Owner from and against any and all liens or other claims whatsoever filed against Owner or Owner's Property by any Lienor for work performed or materials or services furnished in connection with Work for which Contractor has been paid or for which payment is not yet due at the time the lien is filed or sooner if filed. D. In the Demised Premises are in jeopardy event a claim of forfeiture or sale by the party performing the Work in respect of which the lien was filed even if the validity of the lien is being contestedfiled against Owner's Property in connection with work and/or materials covered by this Agreement, if requested by for which Contractor has received payment or for which payment is not yet due, Contractor shall cause the Landlordsame to be satisfied within 7 days following the date of filing, or by a Leasehold Mortgagee. If the Tenant wishes to contest the amount or validity of any lien and has so notified the Landlord and if the Tenant has deposited with the Landlord or paid into court to the credit of the lien action the amount of the lien plus a reasonable amount for costs and has registered a discharge of such lien, the Tenant may defer payment of such lien for a period of time sufficient to enable the Tenant to contest the lien with due diligence, provided always that the Demised Premises shall not thereby become liable to forfeiture or sale. (2) The Landlord may, but shall not be obligated to, discharge or vacate any construction lien if in the Landlord's judgment, exercised reasonably, the Demised Premises become liable to immediate forfeiture or sale or the Demised Premises is otherwise in jeopardy, and any amount paid by the Landlord in so doingalternative, shall cause the claim of lien to be reimbursed transferred to bond. In the Landlord by the Tenant as Additional Rent event any liens are not cleared of record within thirty (30) 7 days after demand. If a construction lien is not discharged and vacated within three (3) months of registrationfiling, notwithstanding that the lien may be contested, the Landlord Owner shall have the rightright to settle, on written notice satisfy or bond-off such lien at Contractor's cost and expense and offset the cost against the next payment due to the TenantContractor under this Agreement, and Owner shall be entitled to terminate the Leaseall other remedies available at law or in equity. (3) Nothing herein contained E. The provisions of this Article shall authorize Tenant, be deemed an independent covenant of Contractor and shall be effective with respect to all Work performed and materials or imply services furnished under any consent or agreement or request on the part of the Landlord to subject the Landlord's estate or interest in the Demised Premises and/or the Building to any construction lien Permissible Change Orders between Owner and Contractor or any other lien of any nature or kind whatsoever. Notice is hereby given to all parties that the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to be subject to any construction lien or other lien of any nature or kind whatsoever without the express written agreement of the Landlord to this effect. Tenant acknowledges that the Landlord is not, and should not be held to be, an owner as that term is defined in the Construction Act for extra work with respect to the construction of any work Project. F. Contractor shall provide to Owner names and contact information for every subcontractor hired by Contractor that provides labor, materials or other services on the Demised Premises byProperty and in furtherance of the Work. Owner may from time to time contact any subcontractors and confirm that timely payment is being paid to them for the Work. In addition, or on behalf Owner may request from subcontractors individual lien waivers from them after payment to Contractor for the Work. Contractor shall notify all subcontractors of Tenantthis provision.

Construction Liens. 20.01 Tenant will not suffer or permit any Construction Lien Claim or Notice of Unpaid Balance and Right To File Lien (1"Lien") If any lien under the Construction Act, R.S.O. 1990, c. C30, or any like statute shall at any time be registered against the Demised Premises and/or Property or any part thereof, by reason of work done any work, services, material and/or equipment provided, or materials supplied claimed to have been provided, for or to the Tenant or for any contractor and/or subcontractor employed in connection with any improvement of or to anyone holding an interest in the Demised Premises through the Tenant or if the Landlord is given notice of any such lien, the lien shall be discharged or vacated from the title to the Demised Premises by the or any part thereof through or under Tenant within ninety (90) days after the lien or anyone holding same through or under Tenant. If at any time a Lien is filed or sooner if against the Demised Premises are in jeopardy and/or Property, Tenant will cause the same to be discharged of forfeiture or sale by the party performing the Work in respect of which the lien was filed even if the validity of the lien is being contested, if requested by the Landlord, or by a Leasehold Mortgagee. If the Tenant wishes to contest the amount or validity of any lien and has so notified the Landlord and if the Tenant has deposited with the Landlord or paid into court to the credit of the lien action the amount of the lien plus a reasonable amount for costs and has registered a discharge of such lien, the Tenant may defer payment of such lien for a period of time sufficient to enable the Tenant to contest the lien with due diligence, provided always that the Demised Premises shall not thereby become liable to forfeiture or sale. (2) The Landlord may, but shall not be obligated to, discharge or vacate any construction lien if in the Landlord's judgment, exercised reasonably, the Demised Premises become liable to immediate forfeiture or sale or the Demised Premises is otherwise in jeopardy, and any amount paid by the Landlord in so doing, shall be reimbursed to the Landlord by the Tenant as Additional Rent record within thirty (30) days after demandnotice to Tenant of the filing of same. If a construction lien is Tenant fails to discharge any such Lien within such period, then, in addition to any other right or remedy of Landlord, Landlord may elect, but shall not discharged be obligated, either to procure the discharge of the Lien by bonding or by payment or deposit into court of the amount claimed to be due, or to compel the prosecution of an action for the foreclosure of such Lien by the lienor and vacated within three to pay the amount of the judgment, if any, in favor of the lienor with interest, costs and allowances. Any amounts paid or deposited by Landlord for any of the aforesaid purposes, and all legal and other expenses and disbursements of Landlord, including reasonable counsel fees, in defending any action or in or about procuring the discharge of such Lien, together with interest thereon at the rate which CitiBank announces as its so called prime rate or base rate, from time to time, plus five (35%) months percent, from the date of registrationpayment or deposit, notwithstanding that will become due and payable forthwith by Tenant to Landlord, as additional rent. 20.02 Nothing in this Lease will be deemed or construed as the lien may be contestedconsent or authorization of Landlord, the Landlord shall have the rightexpress or implied, on written notice by inference or otherwise, to any improvement to or any alteration or repair of or to the Tenant, to terminate the Lease. (3) Nothing herein contained shall authorize TenantDemised Premises or any part thereof, or imply to Tenant's contracting for or permitting the providing of any consent or agreement or request on work, services, material and/or equipment, which might give rise to the part of the Landlord right to subject the file any Lien against Landlord's estate or interest in the Demised Premises and/or or the Building to any construction lien or any other lien of any nature or kind whatsoever. Notice is hereby given to all parties that the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to be subject to any construction lien or other lien of any nature or kind whatsoever without the express written agreement of the Landlord to this effect. Tenant acknowledges that the Landlord is not, and should not be held to be, an owner as that term is defined in the Construction Act with respect to the construction of any work on the Demised Premises by, or on behalf of TenantProperty.

Construction Liens. (1a) If any lien Tenant will furnish to Landlord forthwith upon demand a statutory declaration or other evidence satisfactory to Landlord stating that there are no such encumbrances, and that all accounts for work, services and materials have been paid in full with respect to all Alterations, together with evidence in writing satisfactory to Landlord, acting reasonably, that all assessments under the Worker's Compensation Act have been paid. In addition to the foregoing, Tenant will also submit to Landlord, forthwith, any other information requested by Landlord, acting reasonably, regarding the supply of work, services and materials in connection with such Alterations including, without limitation, reasonable details of the costs actually expended by Tenant in the performance of such Alterations. (b) Notwithstanding anything contained herein, including without limitation the provisions relating to Landlord's approval of the plans and specifications pertaining to the Alterations and to any rights of Landlord to perform any Major Alterations or do any other thing on Tenant's behalf, and notwithstanding any notice which may be received by Landlord from any of Tenant's contractors or sub-contractors, Landlord shall not be liable, and no lien or other encumbrance shall attach to Landlord's interest in the Premises pursuant to the Construction Lien Act, R.S.O. 1990in respect of materials supplied or work done by Tenant or on behalf of Tenant or related to the Alterations, c. C30and Tenant will so notify or cause to be notified all its contractors and sub-contractors. Tenant hereby acknowledges and agrees that the provision of any materials, work or services performed by Landlord at Tenant's expense in respect of any like statute Alterations or pursuant to any provision hereof shall at be deemed to be provided by Landlord on Tenant's behalf as Tenant's contractor. (c) Tenant will make all such payments and take all such steps as may be necessary to ensure that no lien or other charge or claim therefor or certificate of action in respect thereof (any time be of which is herein referred to as "Lien") is registered against the Demised Premises by reason Project or any portion thereof or against either Landlord's or Tenant's interest therein as a result of any work done for, or materials services or material supplied for to, Tenant, or to in respect of the Premises. Tenant or for or to anyone holding an interest in the Demised Premises through the Tenant or if the Landlord is given notice of will cause any such lien, the lien shall registrations to be discharged or vacated from the title to the Demised Premises by the Tenant within ninety ten (9010) days after the lien notice from Landlord or after registration, whichever is filed earlier. (d) Tenant will indemnify and save harmless Landlord from and against any Liabilities arising in connection with any work done for or sooner if the Demised Premises are in jeopardy of forfeiture services or sale by the party performing the Work materials supplied to Tenant or in respect of which the lien was filed even if the validity of the lien is being contested, if requested by the Landlord, or by a Leasehold Mortgagee. If the Tenant wishes to contest the amount or validity of any lien and has so notified the Landlord and if the Tenant has deposited with the Landlord or paid into court to the credit of the lien action the amount of the lien plus a reasonable amount for costs and has registered a discharge of such lien, the Tenant may defer payment of such lien for a period of time sufficient to enable the Tenant to contest the lien with due diligence, provided always that the Demised Premises shall not thereby become liable to forfeiture or salePremises. (2e) The If Tenant permits any such lien registration or fails to cause any such registration to be discharged or vacated as aforesaid then, in addition to any other rights of Landlord, Landlord may, but shall not be obligated obliged to, discharge or vacate the same by paying into court the amount claimed to be due together with any construction lien if other amounts and all amounts so paid and all costs incurred by Landlord, including legal fees and disbursements, in thus arranging for the Landlord's judgment, exercised reasonably, the Demised Premises become liable to immediate forfeiture discharging or sale or the Demised Premises is otherwise in jeopardy, and vacating of any amount such Lien will be paid by the Tenant to Landlord in so doing, shall be reimbursed to the Landlord by the Tenant forthwith upon demand together with an administration fee calculated at fifteen percent (15%) of all such costs (excluding such amounts as Additional Rent within thirty (30) days after demand. If a construction lien is not discharged and vacated within three (3) months of registration, notwithstanding that the lien may be contested, the Landlord shall have the right, on written notice to the Tenant, to terminate the Leaseare paid into court). (3) Nothing herein contained shall authorize Tenant, or imply any consent or agreement or request on the part of the Landlord to subject the Landlord's estate or interest in the Demised Premises and/or the Building to any construction lien or any other lien of any nature or kind whatsoever. Notice is hereby given to all parties that the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to be subject to any construction lien or other lien of any nature or kind whatsoever without the express written agreement of the Landlord to this effect. Tenant acknowledges that the Landlord is not, and should not be held to be, an owner as that term is defined in the Construction Act with respect to the construction of any work on the Demised Premises by, or on behalf of Tenant.

Construction Liens. During the Term Tenant agrees to promptly pay the fees, costs, expenses and charges of all architects, engineers, designers, contractors, subcontractors, sub-subcontractors, laborers and materialmen (1hereinafter collectively referred to as “Tenant’s Contractors”) If performing services or labor or supplying material in connection with any Tenant’s Work or “Alterations” (as defined in Section 8.01 hereinbelow) within or to the Demised Premises so as to prevent the possibility of any construction lien under being filed against the Construction ActDemised Premises, R.S.O. 1990, c. C30, the Project or any like statute shall at any time portion thereof. Notwithstanding the foregoing, should a construction lien or claim of lien be registered filed against the Demised Premises or the Project or any portion thereof by reason of work done any entity or materials supplied for Tenant’s Contractors performing Tenant’s Work or any Alterations, then Tenant shall cause the same to the Tenant or for or to anyone holding an interest in the Demised Premises through the Tenant or if the Landlord is given notice of any such lien, the lien shall be discharged by deposit, bonding, payment or vacated from the title to the Demised Premises by the Tenant otherwise within ninety ten (9010) days after the earlier to occur of (i) Tenant’s knowledge thereof, and (ii) demand therefor by Landlord. Furthermore, Tenant agrees to indemnify Landlord against any damage or loss incurred by Landlord as a result of the filing of any such construction lien is filed or sooner if claim of lien. In the event Tenant fails to discharge such construction lien or claim of lien within said ten (10) day period, such failure shall be a material default hereunder, and Landlord may, at its option, pay and discharge such liens and claims of lien and Tenant shall reimburse Landlord upon demand for all costs and expenses incurred in connection therewith, which expenses shall include, without limitation, any attorney’s fees, paralegal’s fees and any and all costs associated therewith including litigation through all trial and appellate levels and any costs in posting bond to effect discharge or release of the lien. Nothing contained in this Lease shall be construed as a consent on the part of Landlord to subject the Demised Premises are in jeopardy of forfeiture Premises, the Project or sale by any portion thereof, to liability under the party performing the Work in respect of which the lien was filed even if the validity Construction Lien Law of the lien is State of Florida as such law may now or may hereafter exist, it being contested, if requested by the Landlord, or by a Leasehold Mortgagee. If the Tenant wishes to contest the amount or validity of any lien and has so notified the Landlord and if the Tenant has deposited with the Landlord or paid into court to the credit of the lien action the amount of the lien plus a reasonable amount for costs and has registered a discharge of such lien, the Tenant may defer payment of such lien for a period of time sufficient to enable the Tenant to contest the lien with due diligence, provided always expressly understood that the Demised Premises shall not thereby become liable to forfeiture or sale. (2) The Landlord may, but and the Project shall not be obligated to, discharge or vacate any construction lien if in the Landlord's judgment, exercised reasonably, the Demised Premises become liable subject to immediate forfeiture or sale or the Demised Premises is otherwise in jeopardy, and any amount paid by the such liability. Landlord in so doing, shall be reimbursed hereby advises Tenant that pursuant to the Landlord by provisions of Chapter 713, Florida Statutes, Tenant has the Tenant as Additional Rent within thirty (30) days after demand. If a construction lien is not discharged and vacated within three (3) months of registration, notwithstanding that the lien may be contested, the Landlord shall have the right, on written notice obligation to the advise Tenant, to terminate the Lease. (3) Nothing herein contained shall authorize Tenant, or imply any consent or agreement or request on the part ’s Contractors of the Landlord to subject the Landlord's estate or interest in the Demised Premises and/or the Building to any construction lien or any other lien existence of any nature or kind whatsoever. Notice is hereby given to all parties that the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to be subject to any construction lien or other lien of any nature or kind whatsoever without the express written agreement of the Landlord to this effect. Tenant acknowledges that the Landlord is not, and should not be held to be, an owner as that term is defined in the Construction Act with respect to the construction of any work on the Demised Premises by, or on behalf of Tenant.Section 7.04

Construction Liens. (1) 16.1 Tenant will not permit any construction or mechanic's lien or liens to be placed upon the Premises or the Project. Nothing in this Lease will be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, to any person for the performance of any labor or the furnishing of any materials to all or part of the Premises, nor as giving Tenant any right, power, or authority to contract for or permit the rendering of any services or the furnishing thereof that would or might give rise to any construction, mechanic's or other liens against the Premises. 16.2 If any such lien under the Construction Act, R.S.O. 1990, c. C30, or any like statute shall at any time be registered is claimed against the Demised Premises Premises, then Tenant will discharge said lien or cause the same to be bonded or insured over in an amount and by reason of work done a bonding company or materials supplied for or title insurance company reasonably satisfactory to the Tenant or for or to anyone holding an interest in the Demised Premises through the Tenant or if the Landlord is given notice of any such lien, the lien shall be discharged or vacated from the title to the Demised Premises by the Tenant within ninety (90) days after the lien is filed or sooner if the Demised Premises are in jeopardy of forfeiture or sale by the party performing the Work in respect of which the lien was filed even if the validity of the lien is being contested, if requested by the Landlord, within 10 days of filing, failing which, in addition to any other right or by a Leasehold Mortgagee. If the Tenant wishes to contest the amount or validity remedy of any lien and has so notified the Landlord and if the Tenant has deposited with the Landlord or paid into court to the credit of the lien action the amount of the lien plus a reasonable amount for costs and has registered a discharge of such lienLandlord, the Tenant may defer payment of such lien for a period of time sufficient to enable the Tenant to contest the lien with due diligence, provided always that the Demised Premises shall not thereby become liable to forfeiture or sale. (2) The Landlord may, but shall will not be obligated to, discharge or vacate any construction lien if in the Landlord's judgment, exercised reasonably, the Demised Premises become liable to immediate forfeiture or sale or the Demised Premises is otherwise in jeopardy, and any same. Any amount paid by Landlord for such purposes will be paid by Tenant to Landlord as additional rent within 10 days of Landlord's demand therefor. 16.3 Landlord's interest in the Landlord in so doing, shall Premises will not be reimbursed subject to the Landlord liens for improvements made by the Tenant as Additional Rent within thirty (30) days after demand. If a construction lien is not discharged and vacated within three (3) months of registration, notwithstanding that the lien may be contested, the Landlord shall have the right, on written notice to the Tenant, and Tenant will have no power or authority to terminate create any lien or permit any lien to attach to the Lease. (3) Nothing herein contained shall authorize TenantPremises or to the present estate, reversion or imply any consent or agreement or request on the part other estate of the Landlord to subject the Landlord's estate or interest in the Demised Premises and/or the Building to any construction lien herein demised or other improvements thereon as a result of improvements made by Tenant or for any other lien of any nature cause or kind whatsoeverreason. Notice is hereby given to all parties that the Landlord expressly refuses All materialmen, contractors, artisans, mechanics and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to be subject to any construction lien or laborers and other lien of any nature or kind whatsoever without the express written agreement of the Landlord to this effect. persons contracting with Tenant acknowledges that the Landlord is not, and should not be held to be, an owner as that term is defined in the Construction Act with respect to the construction Premises or any part thereof, or any such party who may avail himself of any lien against realty (whether same proceeds in law or in equity), are hereby charged with notice that such liens are expressly prohibited and that they must look solely to Tenant to secure payment for any work on done or material furnished for improvements by Tenant or for any other purpose during the Demised Premises by, Lease Term. Tenant will indemnify Landlord against any loss or on behalf expenses incurred as a result of Tenantthe assertion of any such lien.

Construction Liens. (1) If any lien under Section 7.01. Lessee will keep the Construction Actpremises free and clear of mechanics', R.S.O. 1990, c. C30laborers', or materialmen's liens, and other liens of similar nature, which may arise in connection with any like statute work performed on the Premises by or at the direction or sufferance of Lessee; provided, however, that Lessee shall at have the right to contest the validity or the amount of any time be registered such lien or claimed lien, if Lessee shall, within ten (10) days after Lessee is informed that the lien is filed against the Demised Premises, give to Lessor or any mortgagee of the Premises (a "Mortgagee"), such reasonable security as may be demanded by Lessor or a Mortgagee to insure payment of such lien and prevent any sale, foreclosure or forfeiture of the Premises by reason of work done such nonpayment. On final determination of the lien or materials supplied for claimed lien, Lessee shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released or judgment satisfied at Lessee's own expense. Should any such lien be placed on the premises and the same ripen into a judgment which has become final, Lessor, at its option, may pay any such final judgment and clear the Premises therefrom, and any monies so paid out by Lessor on account of any such judgment shall be repaid by Lessee to Lessor at the next ensuing rent day and shall draw interest at the Lease Interest Rate from time of payment by Lessor until repaid by Lessee. Section 7.02. In the event any lien is filed against the Premises or any action is commenced affecting the title hereto, as between Lessor and Lessee, the notified party shall give the other prompt written notice thereof. Section 7.03. Nothing in this Lease shall authorize Lessee to, and Lessee shall not, do any act which will in any way encumber the title of Lessor in and to the Tenant Premises, nor shall the interest or for estate of Lessor in the Premises be in any way subject to any claim whatsoever by virtue of any act or omission of Lessee. Any claim to anyone holding an a lien upon the Premises arising from any act or omission of Lessee shall be valid only against Lessee and shall in all respects be subordinate to the title and rights of Lessor and any person claiming by, through or under Lessor in and to the Premises. Lessee shall remove any lien or encumbrance on its interest in the Demised Premises through the Tenant or if the Landlord is given notice of any such lien, the lien shall be discharged or vacated from the title to the Demised Premises by the Tenant within ninety ten (9010) days after the lien is filed or sooner it has received notice thereof; provided, however, that Lessee may in good faith contest any such item if the Demised Premises are in jeopardy of forfeiture or sale by the party performing the Work in respect of which the lien was filed even if the validity of the lien is being contested, if requested by the Landlord, or by it posts a Leasehold Mortgagee. If the Tenant wishes to contest the amount or validity of any lien and has so notified the Landlord and if the Tenant has deposited with the Landlord or paid into court to the credit of the lien action the amount of the lien plus a reasonable amount for costs and has registered a discharge of such lien, the Tenant may defer payment of such lien for a period of time sufficient to enable the Tenant to contest the lien with due diligence, provided always that the Demised Premises shall not thereby become liable to forfeiture or sale. (2) The Landlord may, but shall not be obligated to, discharge or vacate any construction lien if in the Landlord's judgment, exercised reasonably, the Demised Premises become liable to immediate forfeiture or sale or the Demised Premises is otherwise in jeopardy, and any amount paid by the Landlord in so doing, shall be reimbursed to the Landlord by the Tenant as Additional Rent within thirty (30) days after demand. If a construction lien is not discharged and vacated within three (3) months of registration, notwithstanding that the lien may be contested, the Landlord shall have the right, on written notice to the Tenant, to terminate the Lease. (3) Nothing herein contained shall authorize Tenant, or imply any consent or agreement or request on the part of the Landlord to subject the Landlord's estate or interest in the Demised Premises and/or the Building to any construction lien or any other lien of any nature or kind whatsoever. Notice is hereby given to all parties that the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to be subject to any construction lien bond or other lien of any nature or kind whatsoever without the express written agreement of the Landlord to this effect. Tenant acknowledges that the Landlord is not, and should not be held to be, an owner as that term is defined in the Construction Act adequate security with respect to the construction of any work on the Demised Premises by, or on behalf of TenantLessor.

Construction Liens. (1) Landlord's interest shall not be subject to ------------------ liens for repairs or improvements made by Tenant upon the Leased Premises. Tenant shall not permit any construction lien to be filed against the Leased Premises or against Tenant's leasehold interest in the Leased Premises by reason of work, labor, services or materials supplied to Tenant or anyone holding the Leased Premises through or under Tenant. If any such construction lien under the Construction Act, R.S.O. 1990, c. C30, or any like statute shall at any time be registered filed against the Demised Premises by reason of work done or materials supplied for or to the Leased Premises, Tenant or for or to anyone holding an interest in the Demised Premises through the Tenant or if the Landlord is given notice of any such lienshall, the lien shall be discharged or vacated from the title to the Demised Premises by the Tenant within ninety sixty (9060) days after the lien is filed or sooner if the Demised Premises are in jeopardy of forfeiture or sale by the party performing the Work in respect of which the lien was filed even if the validity notice of the filing thereof, cause such lien is being contestedto be discharged of record by payment, if requested deposit, bond, order of a court of competent jurisdiction, or otherwise. If Tenant shall fail to cause such lien to be discharged within such sixty (60) day period, then, after ten (10) days' written notice by the Landlord, in addition to any other right or by a Leasehold Mortgagee. If the Tenant wishes to contest the amount or validity remedy of any lien and has so notified the Landlord and if the Tenant has deposited with the Landlord or paid into court to the credit of the lien action the amount of the lien plus a reasonable amount for costs and has registered a discharge of such lienLandlord, the Tenant may defer payment of such lien for a period of time sufficient to enable the Tenant to contest the lien with due diligence, provided always that the Demised Premises shall not thereby become liable to forfeiture or sale. (2) The Landlord may, but shall not be obligated to, discharge such lien, either by payment of the amount claimed to be due or vacate by procuring the discharge of such lien by deposit or by bonding proceedings, and in any such event Landlord shall be entitled, if Landlord so elects, to compel the prosecution of an action for the foreclosure of such construction lien by the lienor and to pay the amount of the judgment for and in favor of the lienor, with interest, costs and other allowances. Any amount reasonably paid by Landlord for any of such purposes shall be repaid by Tenant to Landlord on demand, and if unpaid, shall be treated as additional rent at Landlord's option. At the request of either party, Landlord and Tenant shall execute an affidavit in recordable form for the purpose of notifying third parties that the Landlord's judgment, exercised reasonably, the Demised Premises become liable to immediate forfeiture or sale or the Demised Premises is otherwise in jeopardy, and any amount paid by the Landlord in so doing, shall be reimbursed to the Landlord by the Tenant as Additional Rent within thirty (30) days after demand. If a construction lien is not discharged and vacated within three (3) months of registration, notwithstanding that the lien may be contested, the Landlord shall have the right, on written notice to the Tenant, to terminate the Lease. (3) Nothing herein contained shall authorize Tenant, or imply any consent or agreement or request on the part of the Landlord to subject the Landlord's estate or interest in the Demised Leased Premises and/or the Building to any construction lien or any other lien of any nature or kind whatsoever. Notice is hereby given to all parties that the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to be not subject to any such construction lien or other lien of any nature or kind whatsoever without the express written agreement of the Landlord to this effectliens for work performed by Tenant. Tenant acknowledges that the Landlord is not, and should not Said affidavit shall be held to be, an owner as that term is defined recorded in the Construction Act with respect to the construction Public Records of any work on the Demised Premises byOrange County, or on behalf of TenantFlorida.

Construction Liens. (1) If Tenant causes any lien to be recorded against any portion of the Premises or against Landlord’s or Tenant’s interest therein, Tenant shall discharge it immediately. If any such lien under the Construction Act, R.S.O. 1990, c. C30, or any like statute shall at any time be registered against the Demised Premises is recorded and not discharged by reason of work done or materials supplied for or to the Tenant or for or to anyone holding an interest in the Demised Premises through the Tenant or if the Landlord is given notice of any such lien, the lien shall be discharged or vacated from the title to the Demised Premises by the Tenant within ninety fifteen (9015) days after the lien is filed or sooner if the Demised Premises are in jeopardy of forfeiture or sale by the party performing the Work in respect of which the lien was filed even if the validity of the lien is being contestedfollowing recording, if requested by the Landlord, or by a Leasehold Mortgagee. If the Tenant wishes to contest the amount or validity of any lien and has so notified the Landlord and if the Tenant has deposited with the Landlord or paid into court to the credit of the lien action the amount of the lien plus a reasonable amount for costs and has registered a discharge of such lien, the Tenant may defer payment of such lien for a period of time sufficient to enable the Tenant to contest the lien with due diligence, provided always that the Demised Premises shall not thereby become liable to forfeiture or sale. (2) The Landlord may, but shall not be obligated to, discharge or vacate any construction lien if in the Landlord's judgment, exercised reasonably, the Demised Premises become liable to immediate forfeiture or sale or the Demised Premises is otherwise in jeopardy, and any amount paid by the Landlord in so doing, shall be reimbursed to the Landlord by the Tenant as Additional Rent within thirty (30) days after demand. If a construction lien is not discharged and vacated within three (3) months of registration, notwithstanding that the lien may be contested, the Landlord shall have the rightright to take any and all steps deemed necessary by Landlord to remove such lien, on written without providing prior notice to the Tenant, and the cost thereof shall be paid immediately from Tenant to terminate the Lease. (3) Nothing herein contained shall authorize Tenant, or imply any consent or agreement or request on the part of the Landlord to subject the Landlordas Additional Rent. Xxxxxxxx's estate or interest in the Demised Premises and/or the Building shall not be subjected to any construction lien or any other lien liens of any nature by reason of Tenant's construction, alteration, renovation, repair, restoration, replacement or kind whatsoeverreconstruction of any improvements on or in the Premises, or by reason of any other act or omission of Tenant (or of any person claiming by, through or under Tenant) including, but not limited to, contractors', mechanics' and materialmen's liens. Notice is hereby given Tenant has no authority to all parties that the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or subject Xxxxxxxx's interest in the Demised Premises and/or the Building to be subject to any construction contractors', mechanic's or materialmen's lien or other lien claim of any nature or kind whatsoever without the express written agreement of the Landlord to this effectlien. Tenant hereby acknowledges that the Landlord is not, and should not be held to be, an owner as that term is defined in the Construction Act with respect agrees to the construction of any work on the Demised Premises byfollowing: THE INTEREST OF LANDLORD IN THE PREMISES SHALL NOT BE SUBJECT TO LIENS FOR IMPROVEMENTS TO THE PREMISES MADE BY TENANT, or on behalf of TenantNOTWITHSTANDING ANY APPROVAL BY LANDLORD OF ANY CONTRACT WITH ANY CONTRACTOR, OR LANDLORD"S APPROVAL OF ANY SUCH IMPROVEMENT(S) AND/OR ALTERATION. PRIOR TO ENTERING INTO ANY CONTRACT FOR THE CONSTRUCTION OF ANY ALTERATION, TENANT SHALL IN COMPLIANCE WITH SECTION 713.10, FLORIDA STATUTES, NOTIFY THE CONTRACTOR MAKING IMPROVEMENTS TO THE PREMISES OF THE FOREGOING PROVISION (AND PROVIDE WRITTEN ACKNOWLEDGEMENT THEREOF TO LANDLORD), AND TENANT"S KNOWING OR WILLFUL FAILURE TO PROVIDE SUCH NOTICE TO THE CONTRACTOR SHALL RENDER THE CONTRACT BETWEEN TENANT AND THE CONTRACTOR VOIDABLE AT THE OPTION OF THE CONTRACTOR. IN ADDITION, ANY FAILURE BY TENANT (WHETHER KNOWING, WILLFUL OR OTHERWISE) TO PROVIDE SUCH NOTICE TO THE CONTRACTOR SHALL CONSTITUTE A DEFAULT UNDER THIS LEASE, AND IN THAT EVENT LANDLORD MAY, BUT SHALL NOT BE REQUIRED TO, EXERCISE ALL REMEDIES AVAILABLE UNDER THIS LEASE AS A RESULT OF SUCH DEFAULT.

Construction Liens. 10.10.5.1 Contractor will unconditionally indemnify and hold the Owner harmless from all claims, demands, causes of action or suits of whatever nature arising out of any statutory or constitutional mechanic's or materialman's liens, equitable lien or other liens (1"Lien Claims") If any lien against the real property or improvements constituting all or part of the Project Work under the Construction ActAgreement that may be filed of record by a Subcontractor of any tier, R.S.O. 1990, c. C30materialmen, or any like statute party other than Contractor with respect to labor, materials, equipment or services under the Agreement. Contractor shall at (i) obtain a Release of any time be registered against recorded Affidavit of Lien Claim; or (ii) file with the Demised Premises by reason County Clerk of work done or materials supplied for or to the Tenant or for or to anyone holding Tarrant County an interest in the Demised Premises through the Tenant or if the Landlord is given Indemnity Bond and evidence of service of notice of such Bond in compliance with the Texas Property Code, Chapter 53, Subchapter H, within fourteen (14) days of receipt of Owner's written notice to Contractor to remove any recorded Affidavit of Lien Claim. Contractor shall obtain the Release of any and all such lienrecorded Affidavits of Lien Claims, as provided herein, regardless of whether it considers the Lien Claims to be valid or invalid, timely or untimely perfected, or subject of a previous lien waiver by the lien claimant. Contractors obligations under this Paragraph 10.10. 5.1 shall be discharged or vacated from the title not apply to the Demised Premises any Lien Claims filed by the Tenant within ninety Other Contractors and their subcontractors of any tier, materialmen, suppliers, and vendors. 10.10.5.2 Within seven (907) days after the lien is filed or sooner if the Demised Premises are in jeopardy of forfeiture or sale Contractor has made final payment to its Subcontractors and upon demand by the party performing Owner, Contractor will furnish an unconditional release or waiver of lien acceptable to the Owner, from itself, and of any other person furnishing services, labor or materials in connection with the Project Work in respect of covering all service, labor and materials for which the a lien was filed even if the validity of the lien is being contestedmight be filed. If any Subcontractor, if requested by the Landlordlaborer, materialman, or by other person refuses to furnish a Leasehold Mortgagee. If the Tenant wishes to contest the amount or validity release, waiver of any lien and has so notified the Landlord and if the Tenant has deposited with the Landlord or paid into court in full, Contractor may furnish at its expense a bond satisfactory to the credit of Owner to indemnify the lien action the amount of the lien plus a reasonable amount for costs and has registered a discharge of such Owner against any claim or lien, the Tenant may defer payment of such lien for a period of time sufficient to enable the Tenant to contest the lien with due diligence, provided always that the Demised Premises shall not thereby become liable to forfeiture or sale. (2) The Landlord may, but shall not be obligated to, discharge or vacate any construction lien if in the Landlord's judgment, exercised reasonably, the Demised Premises become liable to immediate forfeiture or sale or the Demised Premises is otherwise in jeopardy, and any amount paid by the Landlord in so doing, shall be reimbursed filed pursuant to the Landlord by the Tenant as Additional Rent within thirty (30) days after demand. If a construction lien is not discharged and vacated within three (3) months of registration, notwithstanding that the lien may be contested, the Landlord shall have the right, on written notice to the Tenant, to terminate the LeaseTexas Lien Laws. (3) Nothing herein contained shall authorize Tenant, or imply any consent or agreement or request on the part of the Landlord to subject the Landlord's estate or interest in the Demised Premises and/or the Building to any construction lien or any other lien of any nature or kind whatsoever. Notice is hereby given to all parties that the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to be subject to any construction lien or other lien of any nature or kind whatsoever without the express written agreement of the Landlord to this effect. Tenant acknowledges that the Landlord is not, and should not be held to be, an owner as that term is defined in the Construction Act with respect to the construction of any work on the Demised Premises by, or on behalf of Tenant.

Construction Liens. (1) If any lien under the Construction ActTenant will pay or cause to be paid all costs and charges for work all done by Tenant or caused to be done by Tenant, R.S.O. 1990, c. C30, or any like statute shall at any time be registered against the Demised Premises by reason of work done or materials supplied for in or to the Tenant or Premises, and for or to anyone holding an interest in the Demised Premises through the Tenant or if the Landlord is given notice of any such lien, the lien shall be discharged or vacated from the title to the Demised Premises by the Tenant within ninety (90) days after the lien is filed or sooner if the Demised Premises are in jeopardy of forfeiture or sale by the party performing the Work in respect of which the lien was filed even if the validity of the lien is being contested, if requested by the Landlordall materials furnished for, or by a Leasehold Mortgageein connection with, such work. If the Tenant wishes to contest the amount or validity will indemnify Landlord against and hold Landlord harmless of any lien and has so notified the Landlord from all construction liens and if the Tenant has deposited with the Landlord or paid into court to the credit claims of the lien action the amount of the lien plus a reasonable amount for costs liens, and has registered a discharge all other liabilities on account of such lien, the Tenant may defer payment of such lien for a period of time sufficient to enable the Tenant to contest the lien with due diligence, provided always that the Demised Premises shall not thereby become liable to forfeiture or sale. (2) The Landlord may, but shall not be obligated to, discharge or vacate any construction lien if in the Landlord's judgment, exercised reasonably, the Demised Premises become liable to immediate forfeiture or sale or the Demised Premises is otherwise in jeopardy, and any amount paid work by the Landlord in so doing, shall be reimbursed to the Landlord by the Tenant as Additional Rent within thirty (30) days after demand. If a construction lien is not discharged and vacated within three (3) months of registration, notwithstanding that the lien may be contested, the Landlord shall have the right, on written notice to the Tenant, to terminate the Lease. (3) Nothing herein contained shall authorize Tenant, or imply any consent or agreement or request on the part of the Landlord to subject the Landlord's estate or interest in the Demised Premises and/or the Building to any construction lien or any other lien of any nature or kind whatsoever. Notice is hereby given to all parties that the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to be subject to any construction lien or other lien of any nature or kind whatsoever without the express written agreement of the Landlord to this effect. Tenant acknowledges that the Landlord is not, and should not be held to be, an owner as that term is defined in the Construction Act with respect to the construction of any work on the Demised Premises by, or on behalf of Tenant, other than work performed by Landlord. If any such lien, at any time, is filed against any part of the Project, Tenant will cause such lien to be discharged of record within ten (10) days. If Tenant fails to pay any charge for which a construction lien has been filed, or has not complied with such statutory procedures as may be available to release the lien, Landlord may, at its option, pay such charge and related costs and interest without inquiring into the validity thereof. The amount so paid, together with reasonable attorneys' fees incurred, will be immediately due from Tenant to Landlord as Additional Rent. Nothing contained in this Lease will be deemed the consent or agreement of Landlord to subject Landlord's interest in the Project to liability under any construction or other lien law. If Tenant receives Notice that a lien has been or is about to be filed against the Premises or the Project, or that any action affecting title to the Project has been commenced on account of work done by, or for, or materials furnished to, or for, Tenant, it will immediately give Landlord Notice of such lien notice. At least fifteen (15) days prior to the commencement of any work in or to the Premises, Tenant will give Landlord Notice of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work. Landlord will have the right to post notices of non-responsibility or similar notices on the Premises in order to protect the Premises against any such liens.

Construction Liens. (1) If any lien under the Construction Act, R.S.O. 1990, c. C30, Tenant will pay or any like statute shall at any time cause to be registered against the Demised Premises by reason of paid all costs and charges for all work done by Tenant or materials supplied for caused to be done by Tenant, in or to the Tenant or Premises, and for or to anyone holding an interest in the Demised Premises through the Tenant or if the Landlord is given notice of any such lien, the lien shall be discharged or vacated from the title to the Demised Premises by the Tenant within ninety (90) days after the lien is filed or sooner if the Demised Premises are in jeopardy of forfeiture or sale by the party performing the Work in respect of which the lien was filed even if the validity of the lien is being contested, if requested by the Landlordall materials furnished for, or by a Leasehold Mortgageein connection with, such work. If the Tenant wishes to contest the amount or validity will indemnify Landlord against and hold Landlord harmless of any lien and has so notified the Landlord from all construction liens and if the Tenant has deposited with the Landlord or paid into court to the credit claims of the lien action the amount of the lien plus a reasonable amount for costs liens, and has registered a discharge all other liabilities on account of such lien, the Tenant may defer payment of such lien for a period of time sufficient to enable the Tenant to contest the lien with due diligence, provided always that the Demised Premises shall not thereby become liable to forfeiture or sale. (2) The Landlord may, but shall not be obligated to, discharge or vacate any construction lien if in the Landlord's judgment, exercised reasonably, the Demised Premises become liable to immediate forfeiture or sale or the Demised Premises is otherwise in jeopardy, and any amount paid work by the Landlord in so doing, shall be reimbursed to the Landlord by the Tenant as Additional Rent within thirty (30) days after demand. If a construction lien is not discharged and vacated within three (3) months of registration, notwithstanding that the lien may be contested, the Landlord shall have the right, on written notice to the Tenant, to terminate the Lease. (3) Nothing herein contained shall authorize Tenant, or imply any consent or agreement or request on the part of the Landlord to subject the Landlord's estate or interest in the Demised Premises and/or the Building to any construction lien or any other lien of any nature or kind whatsoever. Notice is hereby given to all parties that the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to be subject to any construction lien or other lien of any nature or kind whatsoever without the express written agreement of the Landlord to this effect. Tenant acknowledges that the Landlord is not, and should not be held to be, an owner as that term is defined in the Construction Act with respect to the construction of any work on the Demised Premises by, or on behalf of Tenant, other than work performed by Landlord. If any such lien, at any time, is filed against any part of the Project, Tenant will cause such lien to be discharged of record within ten (10) days. If Tenant fails to pay any charge for which a construction lien has been filed, or has not complied with such statutory procedures as may be available to release the lien, Landlord may, at its option, pay such charge and related costs and interest without inquiring into the validity thereof. The amount so paid, together with reasonable attorneys’ fees incurred, will be immediately due from Tenant to Landlord as Additional Rent. Nothing contained in this Lease will be deemed the consent or agreement of Landlord to subject Landlord’s interest in the Project to liability under any construction or other lien law. If Tenant receives Notice that a lien has been or is about to be filed against the Premises or the Project, or that any action affecting title to the Project has been commenced on account of work done by, or for, or materials furnished to, or for, Tenant, it will immediately give Landlord Notice of such lien notice. At least fifteen (15) days prior to the commencement of any work in or to the Premises, Tenant will give Landlord Notice of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work. Landlord will have the right to post notices of non-responsibility or similar notices on the Premises in order to protect the Premises against any such liens.

Construction Liens. (1) If any lien under Pursuant to Section 713.10, Florida Statutes, it is the Construction Act, R.S.O. 1990, c. C30, or any like statute shall at any time be registered against intent of the Demised Premises by reason of work done or materials supplied for or to the Tenant or for or to anyone holding an parties hereto that Landlord’s interest in the Demised Premises through the Tenant or if the Landlord is given notice of any such lien, the lien shall be discharged or vacated from the title to the Demised Premises by the Tenant within ninety (90) days after the lien is filed or sooner if the Demised Premises are in jeopardy of forfeiture or sale by the party performing the Work in respect of which the lien was filed even if the validity of the lien is being contested, if requested by the Landlord, or by a Leasehold Mortgagee. If the Tenant wishes to contest the amount or validity of any lien and has so notified the Landlord and if the Tenant has deposited with the Landlord or paid into court to the credit of the lien action the amount of the lien plus a reasonable amount for costs and has registered a discharge of such lien, the Tenant may defer payment of such lien for a period of time sufficient to enable the Tenant to contest the lien with due diligence, provided always that the Demised Leased Premises shall not thereby become liable to forfeiture or sale. (2) The Landlord may, but shall not be obligated to, discharge or vacate any construction lien if in the Landlord's judgment, exercised reasonably, the Demised Premises become liable to immediate forfeiture or sale or the Demised Premises is otherwise in jeopardy, and any amount paid by the Landlord in so doing, shall be reimbursed to the Landlord by the Tenant as Additional Rent within thirty (30) days after demand. If a construction lien is not discharged and vacated within three (3) months of registration, notwithstanding that the lien may be contested, the Landlord shall have the right, on written notice to the Tenant, to terminate the Lease. (3) Nothing herein contained shall authorize Tenant, or imply any consent or agreement or request on the part of the Landlord to subject the Landlord's estate or interest in the Demised Premises and/or the Building to any construction lien or any other lien of any nature or kind whatsoever. Notice is hereby given to all parties that the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to be subject to any construction liens, or other liens arising from Tenant’s or its contractor’s or subcontractors’ failure to make payments in connection with any buildings or improvements installed or constructed on the Leased Premises. Nothing contained in this Ground Lease shall be construed to confer upon any party, including without limitation, material suppliers and contractors, the right to file a construction lien or other lien or any claim related thereto, nor to perform any labor or to furnish any materials for the account of any nature or kind whatsoever without the express written agreement of the Landlord to this effect. Tenant acknowledges that the Landlord is not, and should not be held to be, an owner as that term is defined in the Construction Act with respect to the construction of any improvements, alterations or repairs to the Leased Premises by Tenant, its employees, agents or contractors. Any person furnishing labor or materials to or for the benefit of the Leased Premises on account of Tenant or its subtenants (excluding any work performed by Landlord pursuant to the terms of the Redevelopment Agreement), shall look only to Tenant’s leasehold estate for the satisfaction of any construction or other lien. If any construction or other liens shall be filed against Landlord’s fee interest in the Leased Premises by reason of or arising out of any labor or materials furnished or alleged to have been furnished to or for Tenant at the Leased Premises, the Tenant shall, within ten (10) days of the date Tenant receives notice thereof, either pay or bond the same or procure the discharge thereof in such manner as may be provided by law. Tenant shall also defend on behalf of Landlord at the Tenant’s sole cost and expense any action, suit or proceeding which may be brought thereon or for the enforcement of such liens or orders, and Tenant shall pay any damage and discharge any judgment entered therein and indemnify and hold Landlord harmless from any claim, costs, including reasonable attorney fees, or damage resulting therefrom or arising in connection therewith. During the entire term of this Ground Lease, Tenant shall pay for all labor performed and material furnished at Tenant’s request for the excavation, erection, repair, alterations and improvements of the buildings and improvements to be constructed and erected by Tenant on the Demised Leased Premises bypursuant to the terms of this Ground Lease or the Redevelopment Agreement. Tenant shall include in its contracts for construction on the Leased Premises the following requirements: (i) Landlord be included as an indemnified party in all indemnifications from contractor; (ii) Landlord be included as an additional insured on contractors commercial general liability policy and be provided with an endorsement evidencing same; (iii) Landlord be included in all waivers of subrogation for claims related general liability and/or builder’s risk coverage; and (iv) a statement as follows: “Tenant advises Contractor that Tenant leases the land upon which the improvements shall be constructed from the CITY OF JACKSONVILLE, a municipal corporation and political subdivision of the State of Florida, (“Landlord”). In accordance with the applicable provisions of the Florida Construction Lien Law and specifically Florida Statutes, Section 713.10, no interest of the Landlord in any personalty or in the Leased Premises or in the underlying land or in the improvements located on the Leased Premises or Landlord’s fee or other interest therein shall be subject to liens for improvements made by Tenant or caused to be made by Tenant as contemplated in this Contract. Contractor shall cause the foregoing disclosure and prohibition on claims of liens filed against Xxxxxxxx’s interest in the foregoing property and Leased Premises to be included in all bid documents and/or Subcontracts entered into for performance of all work.” To the extent it is necessary for Tenant to record a Notice of Commencement in connection with work performed by or on behalf of TenantTenant at the Leased Premises, Tenant shall only record a Notice of Commencement in a form acceptable to Landlord in its sole and absolute discretion, and only after written approval from Landlord to record the same. Should a Notice of Commencement be recorded in a form not previously approved by Landlord with respect to the Leased Premises as a result of work performed by Tenant at the Leased Premises, Tenant shall immediately cause such Notice of Commencement to be terminated and promptly provide to Landlord any title clearance documents that Landlord may request, and any failure to terminate as such or provide such documents shall be a material breach of this Ground Lease.

Construction Liens. (1) If 16.1 Tenant shall not suffer or permit any lien under the Construction Actconstruction liens, R.S.O. 1990, c. C30, mechanic’s liens or any like statute shall at any time materialman’s liens to be registered filed against the Demised Premises by reason of work done or materials supplied for or to the Tenant or for or to anyone holding an Landlord’s interest in the Demised Premises through the Tenant or if the Landlord is given notice of any such lien, the lien shall be discharged or vacated from the title to the Demised Premises by the Tenant within ninety (90) days after the lien is filed or sooner if the Demised Premises are in jeopardy of forfeiture or sale by the party performing the Work in respect real property of which the lien was filed even if Property forms a part nor against Tenant’s leasehold interest on the validity Property (“Tenant Lien”), except as may be required in the ordinary course of the lien is being contestedbusiness by virtue of California construction statutes, if requested by the Landlord, or by a Leasehold Mortgagee. If the provided Tenant wishes to contest the amount or validity of shall promptly and fully pay and discharge any lien and has so notified the Landlord and if the Tenant has deposited with the Landlord or paid into court to the credit of the lien action the amount of the lien plus a reasonable amount for costs and has registered a discharge of such lien, the Tenant may defer payment of all claims upon which any such lien for a period of time sufficient to enable the Tenant to contest the lien with due diligence, provided always that the Demised Premises shall not thereby become liable to forfeiture may or sale. (2) The Landlord may, but shall not could be obligated to, discharge or vacate any construction lien if in the Landlord's judgment, exercised reasonably, the Demised Premises become liable to immediate forfeiture or sale or the Demised Premises is otherwise in jeopardy, and any amount paid by the Landlord in so doing, shall be reimbursed to the Landlord by the Tenant as Additional Rent within thirty (30) days after demandbased. If a construction lien is not discharged and vacated within three (3) months of registration, notwithstanding that the lien may be contested, the Landlord shall have the rightright at all reasonable times to post and keep posted on the Property, any notices which it deems necessary for protection from such liens, or take such other action as applicable law may require to protect from such liens. In connection therewith, Tenant shall cooperate with Landlord and shall sign any notice or other documents reasonably required by Landlord to comply with such applicable law. Tenant shall have the right to contest by proper proceedings any Xxxxxx Xxxx, provided that Tenant shall prosecute such contest diligently and in good faith and such contest shall not expose Landlord to any civil or criminal penalty or liability in connection therewith. In such case, within ten (10) days after Landlord’s demand, Tenant shall furnish Landlord a surety bond or other adequate security satisfactory to Landlord in an amount equal to one hundred twenty-five percent (125%) of the amount of such claim or such higher amount as may be reasonably required to both to indemnify Landlord against liability and hold the Property free from adverse effect in the event the contest is not successful (“Xxxx Xxxx”). The Xxxx Xxxx may be retained by Landlord until the Tenant Lien has been removed of record or until judgment has been rendered on such claim and such judgment has become final, at which time Landlord shall have the right to apply such Xxxx Xxxx in discharge of the judgment on the Tenant Lien and to any actual costs, including reasonable attorneys’ fees incurred by Landlord, and shall remit the balance thereof to Tenant. In the event that a Tenant Lien is filed and Tenant does not properly contest such lien or timely post the Xxxx Xxxx, Landlord, at its election, and upon not less than five (5) days prior written notice to the Tenant, to terminate may pay and satisfy the LeaseTenant Lien and, in such event the sums so paid by Landlord, including all actual expenses, including reasonable attorney’s fees, so paid by Landlord, shall be payable by Tenant at once without notice or demand together with interest thereon from the date of payment at the rate of eighteen percent (18%) per annum, provided such interest rate shall not exceed the maximum interest rate permitted by law. Notwithstanding the foregoing, Tenant shall have no responsibility for discharge of any mechanics’ liens filed by a contractor, subcontractor, materialman, or laborer of Landlord. 16.2 Tenant agrees to give Landlord written notice not less than five (35) Nothing herein contained shall authorize Tenant, or imply any consent or agreement or request on the part business days in advance of the Landlord to subject the Landlord's estate or interest in the Demised Premises and/or the Building to any construction lien or any other lien commencement of any nature or kind whatsoeverTenant Repairs in order that Landlord may post appropriate notices of Xxxxxxxx’s non-responsibility. Promptly after the Tenant Repairs are completed, Tenant shall file a Notice is hereby given to all parties that the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to be subject to any construction lien or other lien of any nature or kind whatsoever without the express written agreement of the Landlord to this effect. Tenant acknowledges that the Landlord is not, and should not be held to be, an owner as that term is defined in the Construction Act with respect to the construction of any work on the Demised Premises by, or on behalf of TenantCompletion.

Construction Liens. (1) If 18.1. Tenant shall pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and shall indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorneys' fees, disbursements and costs reasonably incurred, at the trial or appellate level, in and about the defense of any lien under suit in discharging the Construction ActPremises or the Office Building or any part of them from any liens, R.S.O. 1990, c. C30judgments, or encumbrances caused or suffered by Tenant or in any like statute shall at other way arising from, growing out of or related to any time be registered against the Demised Premises Alterations made by reason or on behalf of work done or materials supplied for or Tenant to the Tenant or Premises except if paid directly by Landlord, and for or to anyone holding an interest in the Demised Premises through the Tenant or if the payment of which Landlord is given notice of solely responsible. In the event any such lien, the lien shall be discharged made or vacated from filed, Tenant shall bond against or discharge the title to the Demised Premises by the Tenant lien within ninety five (905) days after the lien is filed or sooner if the Demised Premises are in jeopardy of forfeiture or sale by the party performing the Work in respect of which the lien was filed even if the validity date Tenant first becomes aware of the lien is being contestedsame. The provisions of this Subsection 18.1 shall survive the termination of this Lease. 18.2. Tenant shall not have any authority to create any liens for labor or material on Landlord's or other third party's interest in the Premises or the Office Building or the Project and all persons contracting with Tenant for the destruction or removal of any facilities or other improvements on or about the Premises, if requested by and all materialmen, contractors, subcontractors, mechanics, and laborers are hereby charged with notice that they must look only to Tenant and to Tenant's interests in the LandlordPremises to secure the payment of any bill xxx work done or material furnished at the request or instruction of Tenant. Tenant shall, prior to any construction, provide such assurances to Landlord (including but not limited to waivers of lien, surety company payment and performance bonds and personal guarantees) as Landlord shall require to protect Landlord against any loss from any mechanics', laborers' or materialmen's liens, or other liens and, further, shall comply with Florida Statutes, Section 713.10, as amended from time to time, by a Leasehold Mortgagee. If the Tenant wishes to contest the amount or validity notifying all of any lien and has so notified the Landlord and if the Tenant has deposited with the Landlord or paid into court to the credit of the lien action the amount of the lien plus a reasonable amount for costs and has registered a discharge of such lien, the Tenant may defer payment of such lien for a period of time sufficient to enable the Tenant to contest the lien with due diligence, provided always its contractors that the Demised Premises shall not thereby become liable to forfeiture or sale. (2) The interest of Landlord may, but shall not be obligated to, discharge or vacate any construction lien if in the Landlord's judgment, exercised reasonably, the Demised Premises become liable subject to immediate forfeiture or sale or the Demised Premises is otherwise in jeopardy, liens for improvements made by Tenant and any amount paid by the shall provide proof of such notices to Landlord in so doing, shall be reimbursed form satisfactory to the Landlord by the Tenant as Additional Rent within thirty (30) days after demand. If a construction lien is not discharged and vacated within three (3) months of registration, notwithstanding that the lien may be contested, the Landlord shall have the right, on written notice to the Tenant, to terminate the LeaseLandlord. (3) Nothing herein contained shall authorize Tenant, or imply any consent or agreement or request on the part of the Landlord to subject the Landlord's estate or interest in the Demised Premises and/or the Building to any construction lien or any other lien of any nature or kind whatsoever. Notice is hereby given to all parties that the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to be subject to any construction lien or other lien of any nature or kind whatsoever without the express written agreement of the Landlord to this effect. Tenant acknowledges that the Landlord is not, and should not be held to be, an owner as that term is defined in the Construction Act with respect to the construction of any work on the Demised Premises by, or on behalf of Tenant.

Construction Liens. (1) If All persons are hereby notified that Landlord’s interest in the Leased Premises will never, under any lien under circumstances, be subject to construction liens of any nature during the Construction Actterm of this Lease as the result of labor, R.S.O. 1990, c. C30, materials or services contracted by Tenant. Tenant will not suffer or permit any construction or other liens to be filed against all or any like statute shall at any time be registered portion of the Leased Premises, nor against the Demised Premises Tenant’s leasehold interest therein by reason of work done work, labor, services, or materials supplied or claimed to have been supplied to Tenant, and nothing in this Lease will be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, to any contractor, subcontractor, subcontractor, laborer, or material/supplier for the performance of any labor or the furnishing of any materials for any specific improvement, alteration, or repair of the Leased Premises, nor as giving Tenant any right, power, or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the Tenant or for or to anyone holding an interest in the Demised Premises through the Tenant or if the Landlord is given notice filing of any construction or other liens against the Leased Premises. If any such lienconstruction liens are filed against the Leased Premises at any time, Tenant will cause the lien shall same to be discharged or vacated from the title to the Demised Premises by the Tenant of record within ninety ten (9010) days after the lien is filed date of recordation of the lien. If Tenant fails to discharge the lien, Landlord may bond or sooner if the Demised Premises are in jeopardy of forfeiture or sale by the party performing the Work in respect of which pay the lien was filed even if or claim for the account of Tenant without inquiring into the validity of the lien. Any amount expended by Landlord to pay or bond the lien will be Additional Rent under this Lease and will be immediately due and payable to Landlord by Tenant. Tenant agrees that if a short form of this Lease is being contested, if requested by recorded in the Landlord, or by a Leasehold Mortgagee. If the Tenant wishes to contest the amount or validity of any lien and has so notified the Landlord and if the Tenant has deposited with the Landlord or paid into court to the credit Public Records of the lien action county in which the amount Office Plaza is located, it will include a provision expressly prohibiting the attachment of the lien plus a reasonable amount for costs and has registered a discharge of such lien, the Tenant may defer payment of such lien for a period of time sufficient aforesaid construction or other liens to enable the Tenant to contest the lien with due diligence, provided always that the Demised Premises shall not thereby become liable to forfeiture or sale. (2) The Landlord may, but shall not be obligated to, discharge or vacate any construction lien if in the Landlord's judgment, exercised reasonably, the Demised Premises become liable to immediate forfeiture or sale or the Demised Premises is otherwise in jeopardy, and any amount paid by the Landlord in so doing, shall be reimbursed to the Landlord by the Tenant as Additional Rent within thirty (30) days after demand. If a construction lien is not discharged and vacated within three (3) months of registration, notwithstanding that the lien may be contested, the Landlord shall have the right, on written notice to the Tenant, to terminate the Lease. (3) Nothing herein contained shall authorize Tenant, or imply any consent or agreement or request on the part of the Landlord to subject the Landlord's estate or ’s interest in the Demised Leased Premises and/or the Building to any construction lien or any other lien of any nature or kind whatsoever. Notice is hereby given to all parties that the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to be subject to any construction lien or other lien of any nature or kind whatsoever without the express written agreement of the Landlord to this effect. Tenant acknowledges that the Landlord is not, and should not be held to be, an owner as that term is defined in the Construction Act with respect to the construction of any work on the Demised Premises by, or on behalf of Tenantstated above.

Construction Liens. (1) If 16.1. Tenant shall not suffer or permit any lien under the Construction Actconstruction liens, R.S.O. 1990, c. C30, mechanic’s liens or any like statute shall at any time materialman’s liens to be registered filed against the Demised Premises by reason of work done or materials supplied for or to the Tenant or for or to anyone holding an Landlord’s interest in the Demised Premises through the Tenant or if the Landlord is given notice of any such lien, the lien shall be discharged or vacated from the title to the Demised Premises by the Tenant within ninety (90) days after the lien is filed or sooner if the Demised Premises are in jeopardy of forfeiture or sale by the party performing the Work in respect real property of which the lien was filed even if the validity of the lien is being contested, if requested by the Landlord, or by Premises form a Leasehold Mortgagee. If the Tenant wishes to contest the amount or validity of any lien and has so notified the Landlord and if the Tenant has deposited with the Landlord or paid into court to the credit of the lien action the amount of the lien plus a reasonable amount for costs and has registered a discharge of such lien, the Tenant may defer payment of such lien for a period of time sufficient to enable the Tenant to contest the lien with due diligence, provided always that the Demised Premises shall not thereby become liable to forfeiture or sale. (2) The Landlord may, but shall not be obligated to, discharge or vacate any construction lien if part nor against Tenant’s leasehold interest in the Landlord's judgment, exercised reasonably, the Demised Premises become liable to immediate forfeiture or sale or the Demised Premises is otherwise in jeopardy, and any amount paid by the Landlord in so doing, shall be reimbursed to the Landlord by the (“Tenant as Additional Rent within thirty (30) days after demandLien”). If a construction lien is not discharged and vacated within three (3) months of registration, notwithstanding that the lien may be contested, the Landlord shall have the rightright at all reasonable times to post and keep posted on the Premises, any notices which it deems necessary for protection from such liens, or take such other action as applicable law may require to protect from such liens. In connection therewith, Tenant shall cooperate with Landlord and shall sign any notice or other documents reasonably required by Landlord to comply with such applicable law. Tenant shall have the right to contest by proper proceedings any Tenant Lien, provided that Tenant shall prosecute such contest diligently and in good faith and such contest shall not expose Landlord to any civil or criminal penalty or liability in connection therewith. In such case, within five (5) days after Landlord’s demand, Tenant shall furnish Landlord a surety bond or other adequate security satisfactory to Landlord in an amount equal to one hundred percent (100%) of the amount of such claim or such higher amount as may be reasonably required by any lender of Landlord or to both to indemnify Landlord against liability and hold the Property free from adverse effect in the event the contest is not successful (“Xxxx Xxxx”). The Xxxx Xxxx may be retained by Landlord until the Tenant Lien has been removed of record or until judgment has been rendered on such claim and such judgment has become final, at which time Landlord shall have the right to apply such Xxxx Xxxx in discharge of the judgment on the Tenant Lien and to any actual costs, including reasonable attorneys’ fees incurred by Landlord, and shall remit the balance thereof to Tenant. In the event that a Tenant Lien is filed and Tenant does not properly contest such lien or timely post the Xxxx Xxxx, Landlord, at its election, and upon not less than five (5) days prior written notice to the Tenant, may pay and satisfy the Tenant Lien and, in such event the sums so paid by Landlord, including all actual and other expenses, including reasonable attorney’s fees, so paid by Landlord, shall be deemed to terminate be additional Rent due and shall be payable by Tenant at once without notice or demand together with interest thereon from the Leasedate of payment at the rate of twelve percent (12%) per annum, provided such interest rate shall not exceed the maximum interest rate permitted by law. Notwithstanding the foregoing, Tenant shall have no responsibility for discharge of any mechanics’ liens filed by a contractor, subcontractor, materialman, or laborer of Landlord. 16.2. Tenant agrees to give Landlord written notice not less than ten (310) Nothing herein contained shall authorize Tenant, or imply any consent or agreement or request on the part days in advance of the Landlord to subject the Landlord's estate or interest in the Demised Premises and/or the Building to any construction lien or any other lien commencement of any nature or kind whatsoeverTenant Repairs in order that Landlord may post appropriate notices of Landlord’s non-responsibility. Promptly after the Tenant Repairs are completed, Tenant shall file a Notice is hereby given to all parties that the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to be subject to any construction lien or other lien of any nature or kind whatsoever without the express written agreement of the Landlord to this effect. Tenant acknowledges that the Landlord is not, and should not be held to be, an owner as that term is defined in the Construction Act with respect to the construction of any work on the Demised Premises by, or on behalf of TenantCompletion.

Construction Liens. (1) If any lien under the Construction Act, R.S.O. 1990, c. C30, or any like statute shall at any time be registered against the Demised Premises by reason of work done or materials supplied for or to the Tenant or for or to anyone holding an interest in the Demised Premises through the Tenant or if the Landlord is given notice of any such lien, the lien shall be discharged or vacated from the title to the Demised Premises by the Tenant within ninety ten (9010) days after the lien is filed or sooner if the Demised Premises are in jeopardy of forfeiture or sale by the party performing the Work in respect of which the lien was filed even if the validity of the lien is being contested, if requested by the Landlord, or by a Leasehold Mortgagee. If the Tenant wishes to contest the amount or validity of any lien and has so notified the Landlord and if the Tenant has deposited with the Landlord or paid into court to the credit of the lien action the amount of the lien plus a reasonable amount for costs and has registered a discharge of such lien, the Tenant may defer payment of such lien for a period of time sufficient to enable the Tenant to contest the lien with due diligence, provided always that the Demised Premises shall not thereby become liable to forfeiture or sale. (2) The Landlord may, but shall not be obligated to, discharge or vacate any construction lien if in the Landlord's judgment, exercised reasonably, the Demised Premises become liable to immediate forfeiture or sale or the Demised Premises is otherwise in jeopardyjeopardy or if the Landlord is at risk of default under the Head Lease, and any amount paid by the Landlord in so doing, shall be reimbursed to the Landlord by the Tenant as Additional Rent within thirty (30) days after demand. If a construction lien is not discharged and vacated within three (3) months of registration, notwithstanding that the lien may be contested, the Landlord shall have the right, on written notice to the Tenant, to terminate the LeaseSublease. (3) Nothing herein contained shall authorize Tenant, or imply any consent or agreement or request on the part of the Landlord to subject the Landlord's estate or interest in the Demised Premises and/or the Building to any construction lien or any other lien of any nature or kind whatsoever. Notice is hereby given to all parties that the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to be subject to any construction lien or other lien of any nature or kind whatsoever without the express written agreement of the Landlord to this effect. Tenant acknowledges that the Landlord is not, and should not be held to be, an owner as that term is defined in the Construction Act with respect to the construction of any work on the Demised Premises by, or on behalf of Tenant.

Construction Liens. (Easements 1) If . The Lessee will keep the Leased Premises free and clear of mechanics', laborers' or materialmen's liens, and other liens of a similar nature, which may arise in connection with any lien under work performed on said premises by or at the Construction Actdirection or sufferance of the Lessee; provided, R.S.O. 1990however, c. C30, that the Lessee shall have the right to contest the validity or any like statute shall at any time be registered against the Demised Premises by reason of work done or materials supplied for or to the Tenant or for or to anyone holding an interest in the Demised Premises through the Tenant or if the Landlord is given notice amount of any such lien or claimed lien, if the lien Lessee shall be discharged or vacated from the title give to the Demised Premises Lessor such reasonable security as may be demanded by the Tenant within ninety (90) days after the lien is filed or sooner if the Demised Premises are in jeopardy of forfeiture or sale by the party performing the Work in respect of which the lien was filed even if the validity of the lien is being contested, if requested by the Landlord, or by a Leasehold Mortgagee. If the Tenant wishes Lessor to contest the amount or validity of any lien and has so notified the Landlord and if the Tenant has deposited with the Landlord or paid into court to the credit of the lien action the amount of the lien plus a reasonable amount for costs and has registered a discharge of such lien, the Tenant may defer insure payment of such lien for a period and prevent any sale, foreclosure or forfeiture of time sufficient to enable the Tenant to contest premises by reason of such nonpayment. On final determination of the lien with due diligence, provided always that the Demised Premises shall not thereby become liable to forfeiture or sale. (2) The Landlord may, but shall not be obligated to, discharge or vacate any construction lien if in the Landlord's judgment, exercised reasonablyclaimed lien, the Demised Premises Lessee shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released or judgment satisfied at the Lessee's own expense. Should any such lien be placed on said premises and the same ripen into a judgment which has become liable to immediate forfeiture or sale or final, the Demised Premises is otherwise in jeopardyLessor at its option may pay any such final judgment and clear said premises therefrom, and any amount monies so paid out by the Landlord in so doing, Lessor on account of any such judgment shall be reimbursed repaid by the Lessee to the Landlord Lessor at the next ensuing rent day and shall draw interest at the rate of 6% per annum from the time of payment by the Tenant as Additional Rent within thirty (30) days after demandLessor until repaid by the Lessee. 2. If a construction In the event any lien is not discharged and vacated within three (3) months of registration, notwithstanding that filed against the lien may be contestedLeased Premises or any action is commenced affecting the title thereto, the Landlord Lessee shall have give to the right, on Lessor prompt written notice to the Tenant, to terminate the Leasethereof. (3) Nothing herein contained shall authorize Tenant, or imply any consent or agreement or . The Lessor upon request on the part of the Landlord Lessee will grant to subject third persons such utility easements, rights and rights of way as shall facilitate the LandlordLessee's estate or interest in the Demised Premises and/or the Building to any construction lien or any other lien of any nature or kind whatsoever. Notice is hereby given to all parties that the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to be subject to any construction lien or other lien of any nature or kind whatsoever without the express written agreement use of the Landlord to this effect. Tenant acknowledges that Leased Premises without substantially lessening the Landlord is not, and should not be held to be, an owner as that term is defined in value of the Construction Act with respect to the construction of any work on the Demised Premises by, or on behalf of TenantLessor's interest therein.

Construction Liens. (1) If any lien under Section 7.01. Tenant will keep the Construction ActPremises free and clear of mechanics', R.S.O. 1990, c. C30laborers', or material men’s liens, and other liens of similar nature, which may arise in connection with any like statute shall at any time be registered against work performed on the Demised Premises by reason or at the direction or sufferance of work done Tenant; provided, however, that Tenant shall have the right to contest the validity or materials supplied for or to the Tenant or for or to anyone holding an interest in the Demised Premises through the Tenant or if the Landlord is given notice amount of any such lien or claimed lien, the lien shall be discharged or vacated from the title to the Demised Premises by the if Tenant shall, within ninety ten (9010) days after the lien is filed against the Premises, give to Landlord or sooner if the Demised Premises are in jeopardy of forfeiture or sale by the party performing the Work in respect of which the lien was filed even if the validity any mortgagee of the lien is being contestedPremises (a "Mortgagee"), if requested such reasonable security as may be demanded by the Landlord, or by a Leasehold Mortgagee. If the Tenant wishes to contest the amount or validity of any lien and has so notified the Landlord and if the Tenant has deposited with the Landlord or paid into court a Mortgagee to the credit of the lien action the amount of the lien plus a reasonable amount for costs and has registered a discharge of such lien, the Tenant may defer insure payment of such lien for a period and prevent any sale, foreclosure or forfeiture of time sufficient to enable the Tenant to contest Premises by reason of such nonpayment. On final determination of the lien or claimed lien, Tenant shall immediately pay any judgment rendered, with due diligenceall proper costs and charges, provided always that and shall have the Demised lien released or judgment satisfied at Tenant’s own expense. Should any such lien be placed on the Premises shall not thereby and the same ripen into a judgment which has become liable to forfeiture or sale. (2) The Landlord mayfinal, but shall not be obligated toLandlord, discharge or vacate at its option, may pay any construction lien if in such final judgment and clear the Landlord's judgment, exercised reasonably, the Demised Premises become liable to immediate forfeiture or sale or the Demised Premises is otherwise in jeopardythere from, and any amount monies so paid out by Landlord on account of any such judgment shall be repaid by Tenant to Landlord at the next ensuing rent day and shall draw interest at the Lease Interest Rate from time of payment by Landlord until repaid by Tenant. Section 7.02. In the event any lien is filed against the Premises or any action is commenced affecting the title hereto, as between Landlord and Tenant, the notified party shall give the other prompt written notice thereof. Section 7.03. Nothing in this Lease shall authorize Tenant to, and Tenant shall not, do any act which will in any way encumber the title of Landlord in so doingand to the Premises, nor shall the interest or estate of Landlord in the Premises be in any way subject to any claim whatsoever by virtue of any act or omission of Tenant. Any claim to a lien upon the Premises arising from any act or omission of Tenant shall be reimbursed valid only against Tenant and shall in all respects be subordinate to the title and rights of Landlord by and any person claiming by, through or under Landlord in and to the Premises. Tenant as Additional Rent shall remove any lien or encumbrance on its interest in the Premises within thirty ten (3010) days after demand. If it has received notice thereof; provided, however, that Tenant may in good faith contest any such item if it posts a construction lien is not discharged and vacated within three (3) months of registration, notwithstanding that the lien may be contested, the Landlord shall have the right, on written notice to the Tenant, to terminate the Lease. (3) Nothing herein contained shall authorize Tenant, or imply any consent or agreement or request on the part of the Landlord to subject the Landlord's estate or interest in the Demised Premises and/or the Building to any construction lien or any other lien of any nature or kind whatsoever. Notice is hereby given to all parties that the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to be subject to any construction lien bond or other lien of any nature or kind whatsoever without the express written agreement of the Landlord to this effect. Tenant acknowledges that the Landlord is not, and should not be held to be, an owner as that term is defined in the Construction Act adequate security with respect to the construction of any work on the Demised Premises by, or on behalf of TenantLandlord.

Construction Liens. (1) If 16.1. Tenant shall not suffer or permit any lien under the Construction Actconstruction liens, R.S.O. 1990, c. C30, mechanic’s liens or any like statute shall at any time materialman’s liens to be registered filed against the Demised Premises by reason of work done or materials supplied for or to the Tenant or for or to anyone holding an Landlord’s interest in the Demised Premises through the Tenant or if the Landlord is given notice of any such lien, the lien shall be discharged or vacated from the title to the Demised Premises by the Tenant within ninety (90) days after the lien is filed or sooner if the Demised Premises are in jeopardy of forfeiture or sale by the party performing the Work in respect real property of which the lien was filed even if the validity of the lien is being contested, if requested by the Landlord, or by Property form a Leasehold Mortgagee. If the Tenant wishes to contest the amount or validity of any lien and has so notified the Landlord and if the Tenant has deposited with the Landlord or paid into court to the credit of the lien action the amount of the lien plus a reasonable amount for costs and has registered a discharge of such lien, the Tenant may defer payment of such lien for a period of time sufficient to enable the Tenant to contest the lien with due diligence, provided always that the Demised Premises shall not thereby become liable to forfeiture or sale. (2) The Landlord may, but shall not be obligated to, discharge or vacate any construction lien if part nor against Tenant’s leasehold interest in the Landlord's judgment, exercised reasonably, the Demised Premises become liable to immediate forfeiture or sale or the Demised Premises is otherwise in jeopardy, and any amount paid by the Landlord in so doing, shall be reimbursed to the Landlord by the Property (“Tenant as Additional Rent within thirty (30) days after demandLien”). If a construction lien is not discharged and vacated within three (3) months of registration, notwithstanding that the lien may be contested, the Landlord shall have the rightright at all reasonable times to post and keep posted on the Property, any notices which it deems necessary for protection from such liens, or take such other action as applicable law may require to protect from such liens. In connection therewith, Tenant shall cooperate with Landlord and shall sign any notice or other documents reasonably required by Landlord to comply with such applicable law. Tenant shall have the right to contest by proper proceedings any Tenant Lien, provided that Tenant shall prosecute such contest diligently and in good faith and such contest shall not expose Landlord to any civil or criminal penalty or liability in connection therewith. In such case, within fifteen (15) days after Landlord’s demand, Tenant shall furnish Landlord a surety bond or other adequate security satisfactory to Landlord in an amount equal to one hundred twenty-five percent (125%) of the amount of such claim or such higher amount as may be reasonably required to both to indemnify Landlord against liability and hold the Property free from adverse effect in the event the contest is not successful (“Xxxx Xxxx”). The Xxxx Xxxx may be retained by Landlord until the Tenant Lien has been removed of record or until judgment has been rendered on such claim and such judgment has become final, and the judgment discharged. In the event the judgment is not discharged, Landlord shall have the right to apply such Xxxx Xxxx in discharge of the judgment on the Tenant Lien and to any actual costs, including reasonable attorneys’ fees incurred by Landlord, and shall remit the balance thereof to Tenant. In the event that a Tenant Lien is filed and Tenant does not properly contest such lien or timely post the Xxxx Xxxx, Landlord, at its election, and upon not less than fifteen (15) days prior written notice to the Tenant, may pay and satisfy the Tenant Lien and, in such event the sums so paid by Landlord, including all actual and other expenses, including reasonable attorney’s fees, so paid by Landlord, shall be deemed to terminate be Additional Rent due and shall be payable by Tenant at once without notice or demand together with interest thereon from the Leasedate of payment at the rate of eighteen percent (18%) per annum, provided such interest rate shall not exceed the maximum interest rate permitted by law. Notwithstanding the foregoing, Tenant shall have no responsibility for discharge of any mechanics’ liens filed by a contractor, subcontractor, material man, or laborer of any Landlord Party. 16.2. Tenant agrees to give Landlord written notice not less than ten (310) Nothing herein contained shall authorize Tenant, or imply any consent or agreement or request on the part days in advance of the Landlord to subject the Landlord's estate or interest in the Demised Premises and/or the Building to any construction lien or any other lien commencement of any nature or kind whatsoeverTenant Repairs in order that Landlord may post appropriate notices of Landlord’s non‑responsibility. Promptly after the Tenant Repairs are completed, Tenant shall file a Notice is hereby given to all parties that the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to be subject to any construction lien or other lien of any nature or kind whatsoever without the express written agreement of the Landlord to this effect. Tenant acknowledges that the Landlord is not, and should not be held to be, an owner as that term is defined in the Construction Act with respect to the construction of any work on the Demised Premises by, or on behalf of TenantCompletion.

Construction Liens. Borrower (1i) If any lien under will allow no work or construction to be commenced on the Construction Act, R.S.O. 1990, c. C30Land, or any like statute shall at any time be registered against the Demised Premises by reason of work done or materials supplied goods specially fabricated for or incorporation therein, which has not been fully paid for prior to the Tenant recording of the Deed to Secure Debt and Notice of Commencement or for which could constitute a lien on the Premises, (ii) will cause a certified copy of the Notice of Commencement to be posted as required by the construction lien law of the State of Georgia, as soon as possible after recording of the Notice of Commencement, (iii) shall notify Administrative Agent of any and all Notices to Borrower as Owner as that term is defined in construction lien law of the State of Georgia, within five (5) days of receipt thereof, and (iv) will comply in all material respects with all provisions of the construction lien law of the State of Georgia, including, but not limited to, payment and notice provisions contained therein. Borrower shall save and hold Administrative Agent harmless from the claims of any construction lien or to anyone holding an interest in equitable lien and pay promptly upon demand any loss or losses which Administrative Agent may incur as a result of the Demised Premises through the Tenant or if the Landlord is given notice filing of any such lien, including the lien shall be discharged or vacated from reasonable cost of defending same and the title Administrative Agent’s reasonable attorneys’ fees in connection therewith. In addition, Borrower agrees, at its sole cost and expense, to the Demised Premises by the Tenant within ninety (90) days after the lien is filed or sooner if the Demised Premises are in jeopardy of forfeiture or sale by the party performing the Work in respect of which the lien was filed even if the validity of the lien is being contested, if requested by the Landlord, or by a Leasehold Mortgagee. If the Tenant wishes to contest the amount or validity of any lien and has so notified the Landlord and if the Tenant has deposited with the Landlord or paid into court to the credit of the lien action the amount of the lien plus a reasonable amount for costs and has registered a discharge of such lien, the Tenant may defer payment of such lien for a period of time sufficient to enable the Tenant to contest the lien with due diligence, provided always that the Demised Premises shall not thereby become liable to forfeiture or sale. (2) The Landlord may, but shall not be obligated to, discharge or vacate have any construction lien if in or equitable lien which may be filed against the Landlord's judgment, exercised reasonably, the Demised Premises become liable to immediate forfeiture or sale undisbursed funds of this Loan released or the Demised Premises is otherwise in jeopardy, and any amount paid by the Landlord in so doing, shall be reimbursed to the Landlord by the Tenant as Additional Rent bonded within thirty (30) days of the date of filing same, time being of the essence. Administrative Agent shall be under no obligation to make further disbursements while any such lien remains outstanding against the Premises. If Borrower fails, after demand, to cause said lien or liens to be released or bonded as aforesaid, Administrative Agent may take such steps as it deems necessary and any funds expended shall be charged to Borrower’s Loan account and shall bear interest as provided by the Loan Documents. If a construction lien is not discharged and vacated within three (3) months of registration, notwithstanding that the lien may be contested, the Landlord shall have the rightBorrower hereby authorizes Administrative Agent to demand, on written Borrower’s behalf, a statement of account in accordance with the mechanics’ and materialmen’s lien laws of the State of Georgia, of any potential lienor filing a notice to owner. It is specifically understood and agreed, however, that Administrative Agent’s right to request such statements of account will in no way impose any obligation on Administrative Agent to use such authority, and the Tenant, to terminate the Lease. (3) Nothing herein contained exercise of such authority on one or more occasion shall authorize Tenant, not create or imply any consent or agreement or request obligation on the part of the Landlord such party to subject the Landlord's estate or interest in the Demised Premises and/or the Building to any construction lien or any other lien of any nature or kind whatsoever. Notice is hereby given to all parties that the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to be subject to any construction lien or other lien of any nature or kind whatsoever without the express written agreement of the Landlord to this effect. Tenant acknowledges that the Landlord is not, and should not be held to be, an owner as that term is defined in the Construction Act with respect to the construction of any work exercise such authority on the Demised Premises by, or on behalf of Tenantsubsequent occasions.

Construction Liens. (1) Tenant shall not suffer or permit any construction liens to be filed against the Demised Premises or any part thereof by reason of work, labor, services or materials supplied or claimed to have been supplied to Tenant or anyone holding the Demised Premises or any part thereof through or under Tenant. If any such construction lien under the Construction Act, R.S.O. 1990, c. C30, or any like statute shall at any time be registered filed against the Demised Premises by reason of work done or materials supplied for or Premises, Tenant shall cause the same to the Tenant or for or to anyone holding an interest in the Demised Premises through the Tenant or if the Landlord is given notice of any such lien, the lien shall be discharged or vacated from the title to the Demised Premises by the Tenant of record within ninety twenty (9020) days after the date of filing the same. If Tenant shall fail to discharge such construction lien is filed within such period, then, in addition to any other right or sooner if the Demised Premises are in jeopardy remedy of forfeiture or sale by the party performing the Work in respect of which the lien was filed even if the validity of the lien is being contested, if requested by the Landlord, or by a Leasehold Mortgagee. If the Tenant wishes to contest the amount or validity of any lien and has so notified the Landlord and if the Tenant has deposited with the Landlord or paid into court to the credit of the lien action the amount of the lien plus a reasonable amount for costs and has registered a discharge of such lien, the Tenant may defer payment of such lien for a period of time sufficient to enable the Tenant to contest the lien with due diligence, provided always that the Demised Premises shall not thereby become liable to forfeiture or sale. (2) The Landlord may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or vacate any construction by procuring the discharge of such lien if by deposit in the Landlord's judgmentcourt or by giving security or in such other manner as is, exercised reasonablyor may be, the Demised Premises become liable to immediate forfeiture or sale or the Demised Premises is otherwise in jeopardy, and any prescribed by law. Any amount paid by Landlord for any of the Landlord aforesaid purposes, and all actual legal and other expenses of Landlord, including actual counsel fees, in so doingor about procuring the discharge of such lien, together with all necessary disbursements in connection therewith, and together with interest thereon at the rate equal to the prime interest rate (as defined in Section 5.6) plus five (5%) percent, but in no event higher than the legal limit, from the date of payment, shall be reimbursed repaid by Tenant to the Landlord by the Tenant on demand, and if unpaid may be treated as Additional Rent within thirty (30) days after demandRent. If a construction lien is not discharged and vacated within three (3) months of registration, notwithstanding that the lien may be contested, the Landlord shall have the right, on written notice to the Tenant, to terminate the Lease. (3) Nothing herein contained shall authorize Tenant, or imply any consent or agreement or request on the part of the Landlord to subject Landlord’s estate to liability under any construction lien law. In connection with the construction of any Alteration, the performance of any maintenance, repairs or replacement pursuant to Section 11 by Tenant or any other construction performed by Tenant, Tenant shall prior to commencing construction post (and provide Landlord the opportunity to post) notices in the visible locations within the construction area advising all contractors, subcontractors, laborers and materialmen that Landlord has no responsibility for the construction of the Alterations, maintenance, repairs, replacements or other construction by Tenant and that Landlord's estate or ’s interest in the Site, Building and Demised Premises and/or the Building to any construction lien or any other lien of any nature or kind whatsoever. Notice is hereby given to all parties that the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to shall not be subject to any construction lien. Tenant does hereby agree to indemnify, defend and hold Landlord and the Site, Building and Demised Premises (and any portion thereof) harmless from and against any and all losses, costs, damages, expenses, liabilities and obligations, including, without limitation, reasonable attorneys fees resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such construction lien or other lien of any nature or kind whatsoever without the express written agreement of the Landlord to this effect. Tenant acknowledges that the Landlord is not, and should not be held to be, an owner as that term is defined in the Construction Act with respect to the construction of any work on the Demised Premises by, or on behalf of Tenantlien.

Construction Liens. (1a) If any lien under the Construction Act, R.S.O. 1990, c. C30, or any like statute shall at any time be registered against the Demised Premises by reason of work done or materials supplied for or to the Tenant or for or to anyone holding an interest in the Demised Premises through the Tenant or if the Landlord is given notice of any such lien, the lien shall be discharged or vacated from the title to the Demised Premises by the Tenant within ninety (90) days after the lien is filed or sooner if the Demised Premises are in jeopardy of forfeiture or sale by the party performing the Work in respect of which the lien was filed even if the validity of the lien is being contested, if requested by the Landlord, or by a Leasehold Mortgagee. If the Tenant wishes to contest the amount or validity of any lien and has so notified the Landlord and if the Tenant has deposited with the Landlord or paid into court to the credit of the lien action the amount of the lien plus a reasonable amount for costs and has registered a discharge of such lien, the Tenant may defer payment of such lien for a period of time sufficient to enable the Tenant to contest the lien with due diligence, provided always that the Demised Premises shall not thereby become liable to forfeiture or sale.. BATCHELD\4315610\5 BATCHELD\4315610\5 BATCHELD\4315610\5 BATCHELD\4315610\5 (2b) The Landlord may, but shall not be obligated to, discharge or vacate any construction lien if in the Landlord's judgment, exercised reasonably, the Demised Premises become liable to immediate forfeiture or sale or the Demised Premises is otherwise in jeopardy, and any amount paid by the Landlord in so doing, shall be reimbursed to the Landlord by the Tenant as Additional Rent within thirty (30) days after demand. If a construction lien is not discharged and vacated within three (3) months of registration, notwithstanding that the lien may be contested, the Landlord shall have the right, on written notice to the Tenant, to terminate the Lease. (3c) Nothing herein contained shall authorize Tenant, or imply any consent or agreement or request on the part of the Landlord to subject the Landlord's estate or interest in the Demised Premises and/or the Building to any construction lien or any other lien of any nature or kind whatsoever. Notice is hereby given to all parties that the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to be subject to any construction lien or other lien of any nature or kind whatsoever without the express written agreement of the Landlord to this effect. Tenant acknowledges that the Landlord is not, and should not be held to be, an owner as that term is defined in the Construction Lien Act with respect to the construction of any work on the Demised Premises by, or on behalf of Tenant.

Construction Liens. (1) If any lien under Section 7.01. Lessee will keep the Construction ActPremises free and clear of mechanics', R.S.O. 1990, c. C30laborers', or materialmen's liens, and other liens of similar nature, which may arise in connection with any like statute work performed on the Premises by or at the direction or sufferance of Lessee; provided, however, that Lessee shall at have the right to contest the validity or the amount of any time be registered such lien or claimed lien, if Lessee shall, within ten (10) days after Lessee is informed that the lien is filed against the Demised Premises, give to Lessor or any mortgagee of the Premises ( a "Mortgagee"), such reasonable security as may be demanded by Lessor or a Mortgagee to insure payment of such lien and prevent any sale, foreclosure or forfeiture of the Premises by reason of work done such nonpayment. On final determination of the lien or materials supplied for claimed lien, Lessee shall immediately pay any judgement rendered, with all proper costs and charges, and shall have the lien released or judgment satisfied at Lessee's own expense. Should any such lien be placed on the Premises and the same ripen into a judgment which has become final, Lessor, at its option, may pay any such final judgment and clear the Premises therefrom, and any monies so paid out by Lessor on account of any such judgment shall be repaid by Lessee to Lessor at the next ensuing rent day and shall draw interest at the Lease Interest Rate from time of payment by Lessor until repaid by Lessee. Section 7.02. In the event any lien is filed against the Premises or any such action is commenced affecting the title hereto, as between Lessor and Lessee, the notified party shall give the other prompt written notice thereof. Section 7.03. Nothing in this Lease shall authorize Lessee to, and Lessee shall not do any act which will in any way encumber the title of Lessor in and to the Tenant Premises, nor shall the interest or for estate of Lessor in the Premises be in any way subject to any claim whatsoever by virtue of any act or omission of Lessee. Any claim to anyone holding an a lien upon the Premises arising from any act or omission of Lessee shall be valid only against Lessee and shall in all respects be subordinate to the title and rights of Lessor and any person claiming by, through or under Lessor in and to the Premises. Lessee shall remove any lien or encumbrance on its interest in the Demised Premises through the Tenant or if the Landlord is given notice of any such lien, the lien shall be discharged or vacated from the title to the Demised Premises by the Tenant within ninety ten (9010) days after the lien is filed or sooner it has received notice thereof; provided, however, that Lessee may in good faith contest any such item if the Demised Premises are in jeopardy of forfeiture or sale by the party performing the Work in respect of which the lien was filed even if the validity of the lien is being contested, if requested by the Landlord, or by it posts a Leasehold Mortgagee. If the Tenant wishes to contest the amount or validity of any lien and has so notified the Landlord and if the Tenant has deposited with the Landlord or paid into court to the credit of the lien action the amount of the lien plus a reasonable amount for costs and has registered a discharge of such lien, the Tenant may defer payment of such lien for a period of time sufficient to enable the Tenant to contest the lien with due diligence, provided always that the Demised Premises shall not thereby become liable to forfeiture or sale. (2) The Landlord may, but shall not be obligated to, discharge or vacate any construction lien if in the Landlord's judgment, exercised reasonably, the Demised Premises become liable to immediate forfeiture or sale or the Demised Premises is otherwise in jeopardy, and any amount paid by the Landlord in so doing, shall be reimbursed to the Landlord by the Tenant as Additional Rent within thirty (30) days after demand. If a construction lien is not discharged and vacated within three (3) months of registration, notwithstanding that the lien may be contested, the Landlord shall have the right, on written notice to the Tenant, to terminate the Lease. (3) Nothing herein contained shall authorize Tenant, or imply any consent or agreement or request on the part of the Landlord to subject the Landlord's estate or interest in the Demised Premises and/or the Building to any construction lien or any other lien of any nature or kind whatsoever. Notice is hereby given to all parties that the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to be subject to any construction lien bond or other lien of any nature or kind whatsoever without the express written agreement of the Landlord to this effectadequate security with Lessor. Tenant acknowledges that the Landlord is not, and should not be held to be, an owner as that term is defined in the Construction Act with respect to the construction of any work on the Demised Premises by, or on behalf of TenantARTICLE VIII.

Construction Liens. Borrower (1i) If any lien under will allow no work or construction to be commenced on the Construction Act, R.S.O. 1990, c. C30Financed Property, or any like statute shall at any time be registered against the Demised Premises by reason of work done or materials supplied goods specially fabricated for or incorporation therein, which has not been fully paid for prior to the Tenant recording of the Mortgage and Notice of Commencement or for or which could constitute a lien on the Financed Property, (ii) will cause a Notice of Commencement to anyone holding be recorded and a certified copy of the Notice of Commencement to be posted as required by Chapter 713, Florida Statutes, showing the Lender as an interest in additional person to receive notices to owner and Lender as the Demised Premises through lender financing the Tenant or if the Landlord is given notice Improvements, (iii) shall notify Lender of any such lien, the lien shall be discharged or vacated from the title and all Notices to the Demised Premises by the Tenant within ninety (90) days after the lien is filed or sooner if the Demised Premises are in jeopardy of forfeiture or sale by the party performing the Work in respect of which the lien was filed even if the validity of the lien is being contested, if requested by the Landlord, or by a Leasehold Mortgagee. If the Tenant wishes to contest the amount or validity of any lien and has so notified the Landlord and if the Tenant has deposited with the Landlord or paid into court to the credit of the lien action the amount of the lien plus a reasonable amount for costs and has registered a discharge of such lien, the Tenant may defer payment of such lien for a period of time sufficient to enable the Tenant to contest the lien with due diligence, provided always that the Demised Premises shall not thereby become liable to forfeiture or sale. (2) The Landlord may, but shall not be obligated to, discharge or vacate any construction lien if in the Landlord's judgment, exercised reasonably, the Demised Premises become liable to immediate forfeiture or sale or the Demised Premises is otherwise in jeopardy, and any amount paid by the Landlord in so doing, shall be reimbursed to the Landlord by the Tenant Borrower as Additional Rent within thirty (30) days after demand. If a construction lien is not discharged and vacated within three (3) months of registration, notwithstanding that the lien may be contested, the Landlord shall have the right, on written notice to the Tenant, to terminate the Lease. (3) Nothing herein contained shall authorize Tenant, or imply any consent or agreement or request on the part of the Landlord to subject the Landlord's estate or interest in the Demised Premises and/or the Building to any construction lien or any other lien of any nature or kind whatsoever. Notice is hereby given to all parties that the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to be subject to any construction lien or other lien of any nature or kind whatsoever without the express written agreement of the Landlord to this effect. Tenant acknowledges that the Landlord is not, and should not be held to be, an owner Owner as that term is defined in Chapter 713, Florida Statutes, within five (5) days of receipt thereof, and (iv) will comply with all provisions of the Florida Construction Act with Lien Law, including but not limited to, payment and notice provisions contained therein. Borrower shall save and hold Lender harmless from the claims of any construction lien or equitable lien and pay promptly upon demand any loss or losses which Lender may incur as a result of the filing of any such lien, including the reasonable cost of defending same and the Lender's reasonable attorneys fees in connection therewith. In addition, Borrower agrees, at its sole cost and expense, to have any construction lien or equitable lien which may be filed against the Financed Property or undisbursed funds of the Loan released or bonded within ten (10) days of the date of filing same, or else Borrower shall file a notice of contest in respect of the lien as provided in Section 713.22 of the Florida Statutes within said ten (10) day period, time being of the essence. If Borrower files a notice of contest as aforesaid and a suit is instituted by the lienor, then the Borrower shall cause the lien to be released or bonded within ten (10) days after the suit is filed. Lender shall be under no obligation to make other disbursements while any such lien remains outstanding against the Financed Property. If Borrower fails, after demand, to cause said lien or items to be released or bonded as aforesaid, Lender may take such steps as it deems necessary and any funds expended shall be charged to the construction of any work on Loan account and shall bear interest as provided by the Demised Premises by, or on behalf of TenantLoan Documents.

Construction Liens. (1) If Tenant shall have no power to do any lien under act or make any contract that may create or be the Construction Actfoundation of any lien, R.S.O. 1990, c. C30mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any like statute shall at any time be registered against the Demised Premises by reason interest of work done or materials supplied for or to the Tenant or for or to anyone holding an interest Landlord in the Demised Premises. 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 BUILDING. Tenant shall keep the Premises through the Tenant or if the Landlord is given notice of any such lien, the lien shall be discharged or vacated from the title to the Demised Premises by the Tenant within ninety (90) days after the lien is filed or sooner if the Demised Premises are in jeopardy of forfeiture or sale by the party performing the Work in respect of which the lien was filed even if the validity of the lien is being contested, if requested by the Landlord, or by a Leasehold Mortgagee. If the Tenant wishes to contest the amount or validity of any lien and has so notified the Landlord and if the Tenant has deposited with the Landlord or paid into court to the credit of the lien action the amount of the lien plus a reasonable amount for costs and has registered a discharge of such lien, the Tenant may defer payment of such lien for a period of time sufficient to enable the Tenant to contest the lien with due diligence, provided always that the Demised Premises shall not thereby become liable to forfeiture or sale. (2) The Landlord may, but shall not be obligated to, discharge or vacate any construction lien if in the Landlord's judgment, exercised reasonably, the Demised Premises become liable to immediate forfeiture or sale or the Demised Premises is otherwise in jeopardy, and any amount paid by the Landlord in so doing, shall be reimbursed to the Landlord by the Tenant as Additional Rent within thirty (30) days after demand. If a construction lien is not discharged and vacated within three (3) months of registration, notwithstanding that the lien may be contested, the Landlord shall have the right, on written notice to the Tenant, to terminate the Lease. (3) Nothing herein contained shall authorize Tenant, or imply any consent or agreement or request on the part of the Landlord to subject the Landlord's estate or interest in the Demised Premises and/or the Building to free from any construction lien or any other lien of any nature or kind whatsoever. Notice is hereby given to all parties that the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to be subject to any construction lien or other lien of any nature or kind whatsoever without the express written agreement of the Landlord to this effect. Tenant acknowledges that the Landlord is not, and should not be held to be, an owner as that term is defined in the Construction Act with respect to the construction liens arising out of any work on the Demised Premises byperformed, materials furnished, or obligations incurred by or on behalf of Tenant. Should any lien or claim of lien be filed against the Premises or the Building 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 ten (10) days after the filing thereof. Should Tenant fail to discharge the lien within ten (10) days, then Landlord may discharge the lien. The amount paid by Landlord to discharge the lien (whether directly or by bond), plus all administrative and legal costs incurred by Landlord, shall be Additional Rent payable on demand. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Lease or otherwise. TENANT SHALL NOTIFY ANY CONTRACTOR PERFORMING ANY CONSTRUCTION WORK IN THE PREMISES ON BEHALF OF TENANT THAT THIS LEASE 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 BUILDING, 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. TENANT AGREES TO PROMPTLY EXECUTE SUCH INSTRUMENTS IN RECORDABLE FORM IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF FLORIDA STATUTE SECTION 713.10.

Construction Liens. (1) If any lien under Sublessee shall pay or cause to be paid all costs for work done by Sublessee or caused to be done by Sublessee on the Construction Act, R.S.O. 1990, c. C30, Premises of a character which will or any like statute shall at any time be registered against may result in liens on Sublessor’s interest therein and Sublessee will keep the Demised Premises by reason free and clear of all mechanic’s liens and other liens on account of work done for Sublessee or persons claiming under it. Sublessee and Sublessor each hereby agree to indemnify, defend and save each other harmless of and from all liability, loss, damage, costs or expenses, including reasonable attorneys’ fees, incurred on account of any claims of any nature whatsoever for work performed for, or materials supplied for or supplies furnished to Sublessee, including lien claims of laborers, materialmen or others. Should any such liens be filed or recorded against the Tenant Premises with respect to work done or for materials supplied to or to anyone holding an interest in the Demised Premises through the Tenant on behalf of Sublessee or if the Landlord is given notice of any such lien, the lien shall be discharged or vacated from action affecting the title thereto be commenced, Sublessee shall cause such liens to the Demised Premises by the Tenant be removed of record within ninety five (905) days after the lien is filed or sooner if the Demised Premises are in jeopardy of forfeiture or sale by the party performing the Work in respect of which the lien was filed even if the validity of the lien is being contested, if requested by the Landlord, or by a Leasehold Mortgageenotice from Sublessor. If the Tenant wishes Sublessee desires to contest the amount or validity any such claim of any lien and has so notified the Landlord and if the Tenant has deposited lien, it shall furnish Sublessor with the Landlord or paid into court to the credit adequate security of the lien action at least 150 percent (150%) of the amount of the lien claim, plus a reasonable amount for estimated costs and interest, and if a final judgment establishing the validity or existence of any lien for any amount is entered, Sublessee shall pay and satisfy the same at once. If Sublessee shall be in default in paying any charge for which such a mechanic’s lien or suit to foreclose such a lien has registered a discharge of such lienbeen recorded or filed and shall not have given Sublessor security as aforesaid, the Tenant Sublessor may defer payment of (but without being required to do so) pay such lien for a period of time sufficient to enable the Tenant to contest the lien with due diligence, provided always that the Demised Premises shall not thereby become liable to forfeiture or sale. (2) The Landlord may, but shall not be obligated to, discharge or vacate claim and any construction lien if in the Landlord's judgment, exercised reasonably, the Demised Premises become liable to immediate forfeiture or sale or the Demised Premises is otherwise in jeopardycosts, and any the amount paid by the Landlord so paid, together with reasonable attorneys’ fees incurred in so doingconnection therewith, shall be reimbursed immediately due from Sublessee to the Landlord by the Tenant as Additional Rent within thirty (30) days after demand. If a construction lien is not discharged and vacated within three (3) months of registration, notwithstanding that the lien may be contested, the Landlord shall have the right, on written notice to the Tenant, to terminate the LeaseSublessor. (3) Nothing herein contained shall authorize Tenant, or imply any consent or agreement or request on the part of the Landlord to subject the Landlord's estate or interest in the Demised Premises and/or the Building to any construction lien or any other lien of any nature or kind whatsoever. Notice is hereby given to all parties that the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to be subject to any construction lien or other lien of any nature or kind whatsoever without the express written agreement of the Landlord to this effect. Tenant acknowledges that the Landlord is not, and should not be held to be, an owner as that term is defined in the Construction Act with respect to the construction of any work on the Demised Premises by, or on behalf of Tenant.

Construction Liens. 20.01 Tenant will not suffer or permit any Construction Lien Claim or Notice of Unpaid Balance and Right To File Lien (1"LIEN") If any lien under the Construction Act, R.S.O. 1990, c. C30, or any like statute shall at any time be registered against the Demised Premises and/or Property or any part thereof, by reason of work done any work, services, material and/or equipment provided, or materials supplied claimed to have been provided, for or to the Tenant or for any contractor and/or subcontractor employed in connection with any improvement of or to anyone holding an interest in the Demised Premises through the Tenant or if the Landlord is given notice of any such lien, the lien shall be discharged or vacated from the title to the Demised Premises by the or any part thereof through or under Tenant within ninety (90) days after the lien or anyone holding same through or under Tenant. If at any time a Lien is filed or sooner if against the Demised Premises are in jeopardy and/or Property, Tenant will cause the same to be discharged of forfeiture or sale by the party performing the Work in respect of which the lien was filed even if the validity of the lien is being contested, if requested by the Landlord, or by a Leasehold Mortgagee. If the Tenant wishes to contest the amount or validity of any lien and has so notified the Landlord and if the Tenant has deposited with the Landlord or paid into court to the credit of the lien action the amount of the lien plus a reasonable amount for costs and has registered a discharge of such lien, the Tenant may defer payment of such lien for a period of time sufficient to enable the Tenant to contest the lien with due diligence, provided always that the Demised Premises shall not thereby become liable to forfeiture or sale. (2) The Landlord may, but shall not be obligated to, discharge or vacate any construction lien if in the Landlord's judgment, exercised reasonably, the Demised Premises become liable to immediate forfeiture or sale or the Demised Premises is otherwise in jeopardy, and any amount paid by the Landlord in so doing, shall be reimbursed to the Landlord by the Tenant as Additional Rent record within thirty (30) days after demandnotice to Tenant of the filing of same. If a construction lien is Tenant fails to discharge any such Lien within such period, then, in addition to any other right or remedy of Landlord, Landlord may elect, but will not discharged be obligated, either to procure the discharge of the Lien by bonding or by payment or deposit into court of the amount claimed to be due, or to compel the prosecution of an action for the foreclosure of such Lien by the lienor and vacated within three to pay the amount of the judgment, if any, in favor of the lienor with interest, costs and allowances. Any amounts paid or deposited by Landlord for any of the aforesaid purposes, and all legal and other expenses and disbursements of Landlord, including reasonable counsel fees, in defending any action or in or about procuring the discharge of such Lien, together with interest thereon at the rate which CitiBank announces as its so called prime rate or base rate, from time to time, plus five (35%) months percent, from the date of registrationpayment or deposit, notwithstanding that will become due and payable forthwith by Tenant to Landlord, as additional rent. 20.02 Nothing in this Lease will be deemed or construed as the lien may be contestedconsent or authorization of Landlord, the Landlord shall have the rightexpress or implied, on written notice by inference or otherwise, to any improvement to or any alteration or repair of or to the Tenant, to terminate the Lease. (3) Nothing herein contained shall authorize TenantDemised Premises or any part thereof, or imply to Tenant's contracting for or permitting the providing of any consent or agreement or request on work, services, material and/or equipment, Lease CMT 103001.wpd which might give rise to the part of the Landlord right to subject the file any Lien against Landlord's estate or interest in the Demised Premises and/or or the Building to any construction lien or any other lien of any nature or kind whatsoever. Notice is hereby given to all parties that the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to be subject to any construction lien or other lien of any nature or kind whatsoever without the express written agreement of the Landlord to this effect. Tenant acknowledges that the Landlord is not, and should not be held to be, an owner as that term is defined in the Construction Act with respect to the construction of any work on the Demised Premises by, or on behalf of TenantProperty.

Construction Liens. (1) If Tenant promptly shall pay for any lien under labor, services, materials, supplies or equipment furnished to Tenant in or about the Construction ActPremises. Tenant shall keep the Premises and the Property free from any liens arising out of any labor, R.S.O. 1990services, c. C30materials, supplies or any like statute equipment furnished or alleged to have been furnished to Tenant. Tenant shall at any time be registered against take all steps permitted by law in order to avoid the Demised Premises by reason of work done or materials supplied for or to the Tenant or for or to anyone holding an interest in the Demised Premises through the Tenant or if the Landlord is given notice 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 10 days after Tenant has notice that the lien shall be discharged or vacated from the title to the Demised Premises by the Tenant within ninety (90) days after the lien claim is filed or sooner if the Demised Premises are in jeopardy regardless of forfeiture or sale by the party performing the Work in respect of which the lien was filed even if the validity of the such lien is being contested, if requested by the Landlord, or by a Leasehold Mortgageeclaim. If the Tenant wishes to contest the amount or validity of any lien and has so notified the Landlord and if the Tenant has deposited In accordance with the Landlord or paid into court to the credit applicable provisions of the lien action Florida Construction Lien Law and specifically Florida Statutes, Section 713.10, neither the amount Property nor any interest of Landlord in the lien plus a reasonable amount for costs and has registered a discharge Property shall be subject in any way to any liens, including construction liens or any type of such construction lien, the Tenant may defer payment of such lien for a period of time sufficient improvements to enable the Tenant to contest the lien with due diligence, provided always that the Demised Premises shall not thereby become liable to forfeiture or sale. (2) The Landlord may, but shall not be obligated to, discharge or vacate any construction lien if in the Landlord's judgment, exercised reasonably, the Demised Premises become liable to immediate forfeiture or sale or the Demised Premises is otherwise in jeopardy, and any amount paid by the Landlord in so doing, shall be reimbursed to the Landlord by the Tenant as Additional Rent within thirty (30) days after demand. If a construction lien is not discharged and vacated within three (3) months of registration, notwithstanding that the lien may be contested, the Landlord shall have the right, on written notice to the Tenant, to terminate the Lease. (3) Nothing herein contained shall authorize Tenant, or imply any consent or agreement or request on the part of the Landlord to subject the Landlord's estate or interest in the Demised Premises and/or the Building to any construction lien or any other lien of any nature or kind whatsoever. Notice is hereby given to all parties that the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to be subject to any construction lien or other lien of any nature or kind whatsoever without the express written agreement of the Landlord to this effect. Tenant acknowledges that the Landlord is not, and should not be held to be, an owner as that term is defined in the Construction Act work performed with respect to the construction of any work on the Demised Premises by, Property by or on behalf of Tenant. Tenant acknowledges that Tenant, with respect to improvements or alterations made by or on behalf of Tenant hereunder, shall promptly notify the contractor making such improvements to the Premises of this provision exculpating the Property and Landlord’s interest in the Property from any such liens. Further, nothing in this Lease is intended to authorize Tenant to do or cause any work to be done or materials to be supplied for the account of Landlord, all of the same to be solely for Tenant’s account and at Tenant’s risk and expense. Throughout the Term “construction lien” is used to include any lien, encumbrance or charge levied or imposed upon all or any portion of, interest in or income from the Property on account of any mechanic’s, laborer’s, materialman’s or construction lien or arising out of any debt or liability to or any claim of any contractor, mechanic, supplier, materialman or laborer and shall include any potential lienor’s notice of intention to file a lien given to Landlord or Tenant, any stop order given to Landlord or Tenant, any notice of refusal to pay naming Landlord or Tenant and any injunctive or equitable action brought by any person claiming to be entitled to any construction lien.

Construction Liens. (1) If Tenant shall have no power to do any lien under act or make any contract that may create or be the Construction Actfoundation of any lien, R.S.O. 1990, c. C30mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any like statute shall at any time be registered against the Demised Premises by reason interest of work done or materials supplied for or to the Tenant or for or to anyone holding an interest Landlord in the Demised Premises. 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 BUILDING. Tenant shall keep the Premises through the Tenant or if the Landlord is given notice of any such lien, the lien shall be discharged or vacated from the title to the Demised Premises by the Tenant within ninety (90) days after the lien is filed or sooner if the Demised Premises are in jeopardy of forfeiture or sale by the party performing the Work in respect of which the lien was filed even if the validity of the lien is being contested, if requested by the Landlord, or by a Leasehold Mortgagee. If the Tenant wishes to contest the amount or validity of any lien and has so notified the Landlord and if the Tenant has deposited with the Landlord or paid into court to the credit of the lien action the amount of the lien plus a reasonable amount for costs and has registered a discharge of such lien, the Tenant may defer payment of such lien for a period of time sufficient to enable the Tenant to contest the lien with due diligence, provided always that the Demised Premises shall not thereby become liable to forfeiture or sale. (2) The Landlord may, but shall not be obligated to, discharge or vacate any construction lien if in the Landlord's judgment, exercised reasonably, the Demised Premises become liable to immediate forfeiture or sale or the Demised Premises is otherwise in jeopardy, and any amount paid by the Landlord in so doing, shall be reimbursed to the Landlord by the Tenant as Additional Rent within thirty (30) days after demand. If a construction lien is not discharged and vacated within three (3) months of registration, notwithstanding that the lien may be contested, the Landlord shall have the right, on written notice to the Tenant, to terminate the Lease. (3) Nothing herein contained shall authorize Tenant, or imply any consent or agreement or request on the part of the Landlord to subject the Landlord's estate or interest in the Demised Premises and/or the Building to free from any construction lien or any other lien of any nature or kind whatsoever. Notice is hereby given to all parties that the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to be subject to any construction lien or other lien of any nature or kind whatsoever without the express written agreement of the Landlord to this effect. Tenant acknowledges that the Landlord is not, and should not be held to be, an owner as that term is defined in the Construction Act with respect to the construction liens arising out of any work on the Demised Premises byperformed, materials furnished, or obligations incurred by or on behalf of Tenant. Should any lien or claim of lien be filed against the Premises or the Building 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 ten (10) days after the filing thereof. Should Tenant fail to discharge the lien within ten (10) days, then Landlord may discharge the lien. The amount paid by Landlord to discharge the lien (whether directly or by bond), plus all administrative and legal costs incurred by Landlord, shall be Additional Rent payable on demand. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Lease or otherwise. TENANT SHALL NOTIFY ANY CONTRACTOR PERFORMING ANY CONSTRUCTION WORK IN THE PREMISES ON BEHALF OF TENANT THAT THIS LEASE 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 BUILDING, 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. TENANT AGREES TO PROMPTLY EXECUTE SUCH INSTRUMENTS IN RECORDABLE FORM IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF FLORIDA STATUTE SECTION 713.10.

Construction Liens. (1) If any .1 Notwithstanding anything else in this Appendix 1 – Payments and Holdbacks, in the event a claim for a construction lien under the Construction Act, R.S.O. 1990, c. C30, or any like statute shall at any time be is registered against the Demised Premises by reason of work done or materials supplied for or to the Tenant or for or to anyone holding an interest in the Demised Premises through the Tenant or if the Landlord is given notice of any such lien, the lien shall be discharged or vacated Site arising from the title to the Demised Premises by the Tenant within ninety (90) days after the lien is filed or sooner if the Demised Premises are in jeopardy of forfeiture or sale by the party performing the Work in respect of which the lien was filed even if the validity performance of the lien is being contestedConstruction Work, if requested by the Landlord, and unless Contractor makes alternative arrangements to bond or by a Leasehold Mortgagee. If the Tenant wishes to contest the amount or validity of any lien and has so notified the Landlord and if the Tenant has deposited with the Landlord or paid into court to the credit of the lien action otherwise secure the amount of the lien plus a reasonable claim and costs associated therewith satisfactory to Project Co, acting reasonably, or Project Co receives any written notice of lien arising from the performance of the Construction Work, Project Co shall be entitled to withhold such portion of any payment otherwise due to Contractor in an amount for Project Co reasonably determines would be required to satisfy the applicable lien claimant and any costs and has registered a discharge expenses incurred by Project Co in connection therewith, including such amount on account of costs of the lien claimant such lienthat Project Co may, the Tenant may defer upon payment of the amount of the lien claim together with such costs into court, obtain an order vacating such lien for pursuant to the Construction Lien Act (Ontario), until such time as such claim has been dealt with as provided below. .2 In the event that a period written notice of time sufficient a construction lien arising from the performance of the Construction Work is received by Project Co, and unless Contractor makes alternative arrangements to enable bond or otherwise secure the Tenant to contest amount of the lien with due diligenceclaim and costs associated therewith satisfactory to Owner acting reasonably, provided always that Contractor shall, within 30 days, at its sole expense, arrange for the Demised Premises shall not thereby become liable withdrawal or other disposal of the written notice of a lien pursuant to forfeiture or salethe Construction Lien Act (Ontario). (2) The Landlord may, but shall not be obligated to, discharge or vacate any construction lien if in the Landlord's judgment, exercised reasonably, the Demised Premises become liable to immediate forfeiture or sale or the Demised Premises is otherwise in jeopardy, and any amount paid by the Landlord in so doing, shall be reimbursed to the Landlord by the Tenant as Additional Rent within thirty (30) days after demand. .3 If a construction lien arising from the performance of the Construction Work is not discharged registered against the Site, and vacated within three (3) months unless Contractor makes alternative arrangements to bond or otherwise secure the amount of registration, notwithstanding that the lien may be contestedclaim and costs associated therewith satisfactory to Project Co, acting reasonably, Contractor shall, within 30 days, at its sole expense, vacate or discharge the Landlord shall have lien from title to the rightSite. If the lien is merely vacated, on Contractor shall, if requested, undertake Project Co’s defence of any subsequent action commenced in respect of the lien at Contractor’s expense. .4 If Contractor fails or refuses to vacate or discharge a construction lien or written notice of lien arising from the performance of the Construction Work within the time prescribed above, and unless Contractor makes alternative arrangements to bond or otherwise secure the amount of the lien claim and costs associated therewith satisfactory to Project Co, acting reasonably, Project Co shall, at its option, be entitled to take all steps necessary to vacate and/or discharge the lien, and all costs incurred by Project Co in doing so (including legal fees on a full indemnity basis and any payment which may ultimately be made out of or pursuant to security posted to vacate the lien) shall be for the account of Contractor, and Project Co may deduct such amounts from the amounts otherwise due or owing to Contractor. .5 Without limiting any of the foregoing, Contractor shall satisfy all judgments and pay all costs resulting from any construction liens arising from the performance of the Construction Work or any actions brought in connection with any such liens, or in connection with any other claim or lawsuit brought against Project Co by any person that provided services or materials to the Tenant, to terminate the Lease. (3) Nothing herein contained shall authorize Tenant, or imply any consent or agreement or request on the Site which constituted part of the Landlord Construction Work. .6 The provisions of Sections 2.5.1 through 2.5.5 inclusive, of this Appendix 1, do not apply to subject the Landlord's estate or interest in the Demised Premises and/or the Building to any construction lien or any other lien liens (i) filed by Contractor which are claimed as a result of any nature or kind whatsoever. Notice is hereby given default of Project Co to all parties that make payments to Contractor in accordance with the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to be subject to any construction lien or other lien of any nature or kind whatsoever without the express written agreement terms of the Landlord to this effect. Tenant acknowledges that the Landlord is not, and should not be held to be, an owner as that term is defined in the Construction Act with respect to the construction of any work on the Demised Premises by, or on behalf of Tenant.Contract or

Construction Liens. From and after the Commencement Date of the Lease Tenant shall pay all costs for modifications, alterations and additions done by it or caused to be done by it on the Premises as permitted by this Lease (1other than the construction of the Project) If any lien under and Tenant shall keep the Construction ActPremises free and clear of all construction liens resulting from modifications, R.S.O. 1990, c. C30, or any like statute shall at any time be registered against the Demised Premises alterations and additions done by reason of work done or materials supplied for or to the Tenant or for or to anyone holding an interest in Tenant; provided, however, Tenant shall have the Demised Premises through the Tenant or if the Landlord is given notice of any such lien, the lien shall be discharged or vacated from the title to the Demised Premises by the Tenant within ninety (90) days after the lien is filed or sooner if the Demised Premises are in jeopardy of forfeiture or sale by the party performing the Work in respect of which the lien was filed even if the validity of the lien is being contested, if requested by the Landlord, or by a Leasehold Mortgagee. If the Tenant wishes right to contest the amount correctness or validity of any lien and has so notified the Landlord and if the Tenant has deposited with the Landlord or paid into court to the credit of the lien action the amount of the lien plus a reasonable amount for costs and has registered a discharge of such lien, the Tenant may defer payment of such lien for a period of time sufficient to enable the Tenant to contest the lien Lien by appropriate proceedings conducted in good faith with due diligence. Within ( ) days following written notice from Landlord, provided always that Xxxxxx shall discharge said Lien of record or record a bond which complies with the Demised requirements of RCW 60.04.161 eliminating said Xxxx as an encumbrance against the Premises shall not thereby become liable to forfeiture or sale. (2) The Landlord may, but shall not be obligated to, discharge or vacate any construction lien if in the reasonable exercise of Landlord's judgment’s judgment the protection of the Premises or Landlord’s interest therein shall require such payment. In the event Tenant shall fail to so remove any such Lien, exercised reasonablyLandlord may take such action as Landlord shall reasonably determine to remove such Lien and all costs and expenses incurred by Landlord including, the Demised Premises become liable to immediate forfeiture or sale or the Demised Premises is otherwise without limitation, amounts paid in jeopardy, good faith settlement of such Lien and any amount attorneys’ fees and costs shall be paid by the Landlord in so doing, shall be reimbursed Tenant to the Landlord by the Tenant as Additional Rent within thirty (30) days after demandLandlord. If a construction lien is not discharged and vacated within three (3) months of registration, notwithstanding that the lien may be contested, the Landlord shall have the right, on written notice to the Tenant, to terminate the Lease. (3) Nothing herein contained shall authorize Tenant, or imply any consent or agreement or request on the part of the Landlord to subject the Landlord's estate or interest in the Demised Premises and/or the Building to any construction lien or any other lien of any nature or kind whatsoever. Notice is hereby given to all parties that the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to be subject to any construction lien or other lien of any nature or kind whatsoever without the express written agreement of the Landlord ’s obligations pursuant to this effectSection 12 shall survive the Expiration Date of this Lease. Tenant acknowledges that Landlord shall cause Developer to keep the Landlord is not, Premises free and should not be held clear of all construction liens resulting from the initial construction of the Project (including the right to be, an owner as that term is defined contest same by appropriate proceedings conducted in good faith with due diligence) under the Construction Act with respect terms of the Development Agreement prior to the construction Commencement Date of this Lease. If Developer shall fail to do so, Landlord shall protect, defend, indemnify and hold Tenant harmless against any work on the Demised Premises by, or on behalf of Tenantsuch liens.

Construction Liens. (1) If any lien under Except for work undertaken by Landlord and to be paid for by Landlord, Tenant shall pay or cause to be paid all costs for work done by Tenant or caused to be done by Tenant on the Construction Act, R.S.O. 1990, c. C30, Premises of a character which will or any like statute shall at any time be registered against may result in liens on Landlord’s interest therein and Tenant will keep the Demised Premises by reason free and clear of all mechanic’s liens and other liens on account of work done for Tenant or persons claiming under it. Tenant hereby agrees to indemnify, defend and save Landlord harmless of and from all liability, loss, damage, costs or expenses, including reasonable attorneys’ fees, incurred on account of any claims of any nature whatsoever for work performed for, or materials or supplies furnished to Tenant, including lien claims of laborers, material men or others. Should any such liens be filed or recorded against the Premises with respect to work done or for materials supplied for to or to the on behalf of Tenant or for or to anyone holding an interest in the Demised Premises through the Tenant or if the Landlord is given notice of any such lien, the lien shall be discharged or vacated from action affecting the title thereto be commenced, Tenant shall cause such liens to the Demised Premises by the Tenant be removed of record within ninety five (905) days after the lien is filed notice from Landlord or sooner if the Demised Premises are in jeopardy of forfeiture or sale by the party performing the Work in respect of which the lien was filed even if the validity of the lien is being contested, if requested by the Landlord, or by a Leasehold Mortgageeany other source. If the Tenant wishes desires to contest the amount or validity any such claim of any lien and has so notified the lien, it shall furnish Landlord and if the Tenant has deposited with the security reasonably satisfactory to Landlord or paid into court to the credit which equals at least 200 percent of the lien action the amount of the lien claim, plus a reasonable amount for estimated costs and interest and if a final judgment establishing the validity or existence of any lien for any amount is entered, Tenant shall pay and satisfy the same at once. If Tenant shall be in default in paying any charge for which such a mechanic’s lien or suit to foreclose such a lien has registered a discharge of such lienbeen recorded or filed and shall not have given Landlord security as aforesaid, the Tenant Landlord may defer payment of (but without being required to do so) pay such lien for a period or claim and any costs, and the amount so paid, together with reasonable attorneys’ fees incurred in connection therewith, and interest on such sums paid by Landlord at the Default Rate from the date of time sufficient to enable the payment until reimbursed by Tenant shall be immediately due from Tenant to contest Landlord. In addition, any failure by Tenant to comply with the lien with due diligence, provided always that the Demised Premises shall not thereby become liable to forfeiture or sale. (2) The Landlord may, but shall not be obligated to, discharge or vacate any construction lien if in the Landlord's judgment, exercised reasonably, the Demised Premises become liable to immediate forfeiture or sale or the Demised Premises is otherwise in jeopardy, and any amount paid by the Landlord in so doing, provisions of this Paragraph shall be reimbursed deemed an Event of Default entitling Landlord to pursue all remedies available to Landlord pursuant to the Landlord by the Tenant as Additional Rent within thirty (30) days after demand. If a construction lien is not discharged and vacated within three (3) months terms of registration, notwithstanding that the lien may be contested, the Landlord shall have the right, on written notice to the Tenant, to terminate the Leasethis Lease or otherwise. (3) Nothing herein contained shall authorize Tenant, or imply any consent or agreement or request on the part of the Landlord to subject the Landlord's estate or interest in the Demised Premises and/or the Building to any construction lien or any other lien of any nature or kind whatsoever. Notice is hereby given to all parties that the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to be subject to any construction lien or other lien of any nature or kind whatsoever without the express written agreement of the Landlord to this effect. Tenant acknowledges that the Landlord is not, and should not be held to be, an owner as that term is defined in the Construction Act with respect to the construction of any work on the Demised Premises by, or on behalf of Tenant.

Construction Liens. (1) If any lien under the Construction Act, R.S.O. 1990, c. C30, or any like statute shall at any time be registered against the Demised Premises by reason of work done or materials supplied for or to the Tenant or for or to anyone holding an interest in the Demised Premises through the Tenant or if the Landlord is given notice of any such lien, the lien shall be discharged or vacated from the title to the Demised Premises by the Tenant within ninety (90) days after the lien is filed or sooner if the Demised Premises are in jeopardy of forfeiture or sale by the party performing the Work in respect of which the lien was filed even if the validity of the lien is being contested, if requested by the Landlord, or by a Leasehold Mortgagee. If the Tenant wishes to contest the amount or validity of any lien and has so notified the Landlord and if the Tenant has deposited with the Landlord or paid into court to the credit of the lien action the amount of the lien plus a reasonable amount for costs and has registered a discharge of such lien, the Tenant may defer payment of such lien for a period of time sufficient to enable the Tenant to contest the lien with due diligence, provided always that the Demised Premises shall not thereby become liable to forfeiture or sale. (2) The Landlord may, but shall not be obligated to, discharge or vacate any construction lien if in the Landlord's judgment, exercised reasonably, the Demised Premises become liable to immediate forfeiture or sale or the Demised Premises is otherwise in jeopardy, and any amount paid by the Landlord in so doing, shall be reimbursed to the Landlord by the Tenant as Additional Rent within thirty (30) days after demand. If a construction lien is not discharged and vacated within three (3) months of registration, notwithstanding that the lien may be contested, the Landlord shall have the right, on written notice to the Tenant, to terminate the Lease. (3) Nothing herein contained shall authorize Tenant, or imply any consent or agreement or request on the part of the Landlord to subject the Landlord's estate or interest in the Demised Premises and/or the Building to any construction lien or any other lien of any nature or kind whatsoever. Notice is hereby given to all parties that the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to be subject to any construction lien or other lien of any nature or kind whatsoever without the express written agreement of the Landlord to this effect. Tenant acknowledges that the Landlord is not, and should not be held to be, an owner as that term is defined in the Construction Lien Act with respect to the construction of any work on the Demised Premises by, or on behalf of Tenant.

Construction Liens. (1) Landlord's interest shall not be subject to liens ------------------ for repairs or improvements made by Tenant upon the Leased Premises. Tenant shall not permit any construction lien to be filed against the Leased Premises or against Tenant's leasehold interest in the Leased Premises by reason of work, labor, services or materials supplied to Tenant or anyone holding the Leased Premises through or under Tenant. If any such construction lien under the Construction Act, R.S.O. 1990, c. C30, or any like statute shall at any time be registered filed against the Demised Premises by reason of work done or materials supplied for or to the Leased Premises, Tenant or for or to anyone holding an interest in the Demised Premises through the Tenant or if the Landlord is given notice of any such lienshall, the lien shall be discharged or vacated from the title to the Demised Premises by the Tenant within ninety sixty (9060) days after the lien is filed or sooner if the Demised Premises are in jeopardy of forfeiture or sale by the party performing the Work in respect of which the lien was filed even if the validity notice of the filing thereof, cause such lien is being contestedto be discharged of record by payment, if requested deposit, bond, order of a court of competent jurisdiction, or otherwise. If Tenant shall fail to cause such lien to be discharged within such sixty (60) day period, then, after ten (10) days' written notice by the Landlord, in addition to any other right or by a Leasehold Mortgagee. If the Tenant wishes to contest the amount or validity remedy of any lien and has so notified the Landlord and if the Tenant has deposited with the Landlord or paid into court to the credit of the lien action the amount of the lien plus a reasonable amount for costs and has registered a discharge of such lienLandlord, the Tenant may defer payment of such lien for a period of time sufficient to enable the Tenant to contest the lien with due diligence, provided always that the Demised Premises shall not thereby become liable to forfeiture or sale. (2) The Landlord may, but shall not be obligated to, discharge such lien, either by payment of the amount claimed to be due or vacate by procuring the discharge of such lien by deposit or by bonding proceedings, and in any such event Landlord shall be entitled, if Landlord so elects, to compel the prosecution of an action for the foreclosure of such construction lien by the lienor and to pay the amount of the judgment for and in favor of the lienor, with interest, costs and other allowances. Any amount reasonably paid by Landlord for any of such purposes shall be repaid by Tenant to Landlord on demand, and if unpaid, shall be treated as additional rent at Landlord's option. At the request of either party, Landlord and Tenant shall execute an affidavit in recordable form for the purpose of notifying third parties that the Landlord's judgment, exercised reasonably, the Demised Premises become liable to immediate forfeiture or sale or the Demised Premises is otherwise in jeopardy, and any amount paid by the Landlord in so doing, shall be reimbursed to the Landlord by the Tenant as Additional Rent within thirty (30) days after demand. If a construction lien is not discharged and vacated within three (3) months of registration, notwithstanding that the lien may be contested, the Landlord shall have the right, on written notice to the Tenant, to terminate the Lease. (3) Nothing herein contained shall authorize Tenant, or imply any consent or agreement or request on the part of the Landlord to subject the Landlord's estate or interest in the Demised Leased Premises and/or the Building to any construction lien or any other lien of any nature or kind whatsoever. Notice is hereby given to all parties that the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to be not subject to any such construction lien or other lien of any nature or kind whatsoever without the express written agreement of the Landlord to this effectliens for work performed by Tenant. Tenant acknowledges that the Landlord is not, and should not Said affidavit shall be held to be, an owner as that term is defined recorded in the Construction Act with respect to the construction Public Records of any work on the Demised Premises byOrange County, or on behalf of TenantFlorida.

Construction Liens. From and after the Commencement Date of the Lease Tenant shall pay all costs for modifications, alterations and additions done by it or caused to be done by it on the Premises as permitted by this Lease (1other than the construction of the Project) If any lien under and Tenant shall keep the Construction ActPremises free and clear of all construction liens resulting from modifications, R.S.O. 1990, c. C30, or any like statute shall at any time be registered against the Demised Premises alterations and additions done by reason of work done or materials supplied for or to the Tenant or for or to anyone holding an interest in Tenant; provided, however, Tenant shall have the Demised Premises through the Tenant or if the Landlord is given notice of any such lien, the lien shall be discharged or vacated from the title to the Demised Premises by the Tenant within ninety (90) days after the lien is filed or sooner if the Demised Premises are in jeopardy of forfeiture or sale by the party performing the Work in respect of which the lien was filed even if the validity of the lien is being contested, if requested by the Landlord, or by a Leasehold Mortgagee. If the Tenant wishes right to contest the amount correctness or validity of any lien and has so notified the Landlord and if the Tenant has deposited with the Landlord or paid into court to the credit of the lien action the amount of the lien plus a reasonable amount for costs and has registered a discharge of such lien, the Tenant may defer payment of such lien for a period of time sufficient to enable the Tenant to contest the lien Lien by appropriate proceedings conducted in good faith with due diligence. Within ( ) days following written notice from Landlord, provided always that Tenant shall discharge said Lien of record or record a bond which complies with the Demised requirements of RCW 60.04.161 eliminating said Lien as an encumbrance against the Premises shall not thereby become liable to forfeiture or sale. (2) The Landlord may, but shall not be obligated to, discharge or vacate any construction lien if in the reasonable exercise of Landlord's judgment’s judgment the protection of the Premises or Landlord’s interest therein shall require such payment. In the event Tenant shall fail to so remove any such Lien, exercised reasonablyLandlord may take such action as Landlord shall reasonably determine to remove such Lien and all costs and expenses incurred by Landlord including, the Demised Premises become liable to immediate forfeiture or sale or the Demised Premises is otherwise without limitation, amounts paid in jeopardy, good faith settlement of such Lien and any amount attorneys’ fees and costs shall be paid by the Landlord in so doing, shall be reimbursed Tenant to the Landlord by the Tenant as Additional Rent within thirty (30) days after demandLandlord. If a construction lien is not discharged and vacated within three (3) months of registration, notwithstanding that the lien may be contested, the Landlord shall have the right, on written notice to the Tenant, to terminate the Lease. (3) Nothing herein contained shall authorize Tenant, or imply any consent or agreement or request on the part of the Landlord to subject the Landlord's estate or interest in the Demised Premises and/or the Building to any construction lien or any other lien of any nature or kind whatsoever. Notice is hereby given to all parties that the Landlord expressly refuses and denies any consent or agreement or request to permit their estate or interest in the Demised Premises and/or the Building to be subject to any construction lien or other lien of any nature or kind whatsoever without the express written agreement of the Landlord ’s obligations pursuant to this effectSection 12 shall survive the Expiration Date of this Lease. Tenant acknowledges that Landlord shall cause Developer to keep the Landlord is not, Premises free and should not be held clear of all construction liens resulting from the initial construction of the Project (including the right to be, an owner as that term is defined contest same by appropriate proceedings conducted in good faith with due diligence) under the Construction Act with respect terms of the Development Agreement prior to the construction Commencement Date of this Lease. If Developer shall fail to do so, Landlord shall protect, defend, indemnify and hold Tenant harmless against any work on the Demised Premises by, or on behalf of Tenantsuch liens.