Common use of Liens Clause in Contracts

Liens. Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereof.

Liens. Tenant shall not do has no authority, express or implied, to create or place any act which shall lien or encumbrance of any kind or nature whatsoever upon, or in any way encumber manner to bind the title interest of Landlord or Tenant in and to the Demised Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, charge the rentals payable hereunder for any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out claim in favor of any agreement (expressed person dealing with Tenant, including those who furnish materials or implied), chattel mortgage, security agreement, financing statement perform labor for any construction or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premisesrepairs, and Tenant covenants and agrees that it shall not suffer mortgage, encumber or pledge this Lease or any interest therein. The preceding sentence shall not be construed as prohibiting Tenant from making alterations as provided above or from permitting any other matter mechanics or thing whereby materialmen's lienable work to be performed as long as such work is not prohibited by this Lease. Tenant agrees to indemnify and hold Landlord harmless from any lien filed against the estateDemised Premises on account of work performed by or on behalf of Tenant and from any and all losses, rights costs, damages, expenses, liabilities, suits, penalties, claims and interest damages (including attorney fees) arising from or relating to such lien. After Tenant's receipt of notice or actual knowledge of the placing of any lien or encumbrance against the Demised Premises, Tenant shall immediately give Landlord in the Premises or any part thereof might be impairedwritten notice thereof. Tenant shall within ten (10) days therefrom remove such lien by payment. If Tenant shall fail to cause any discharge such mechanic's lien to be discharged of recordwithin such period, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligationthen, in addition to any other right or remedyremedy of Landlord, to Landlord may, but shall not be obligated to, discharge such lien either the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Demised Premises by deposit in the court having jurisdiction of such lien, a cash sum sufficient to secure the discharge of the same, or bonding proceedingsby the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in any such event Landlord shall other manner as is now or may in the future be entitled if it so elects to compel provided by present or future law or the prosecution of an action for foreclosure discharge of such lien by as a lien against the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowancesDemised Premises. Any amount so paid by Landlord and Landlord, or the value of any deposit so made by Landlord, together with all costs costs, fees and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease(including attorneys' fees of Landlord), due from Tenant to Landlord at the next rent day after any such payment, together with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease Default Rate, shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered Additional Rent payable on demand by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereof.

Liens. 29.1 Tenant shall not do pay all costs for work done by it or caused to be done by it in the Premises and Tenant shall keep the Premises and the Center free and clear of all mechanics' liens and other liens of account or work done for Tenant or persons claiming under it. Notwithstanding the foregoing, Tenant shall have no responsibility or liability with respect to liens filed with respect to the Base Building, and Tenant Improvements or any act which other work performed by Landlord pursuant to Article 8, Exhibit C or otherwise. Tenant agrees to and shall indemnify and hold Landlord harmless against liability, loss, damage, costs, attorneys' fees, and any other expenses on account of claims of liens of laborers or materialmen for work performed or materials or supplies furnished for Tenant or persons claiming under it. If any such lien shall attach to the Premises or the Center by reason of any work performed by Tenant, Tenant shall promptly, and in any way encumber event within twenty (20) days thereafter, discharge it as a matter of record or bond over it. If necessary to accomplish same, Tenant shall furnish and record a bond to insure the title protection of Landlord in and to Landlord, the Premises, nor and the Center (including all buildings located thereon or of which they form a part) from loss by virtue of any such lien. 29.2 Any bond furnished by Tenant pursuant to the provisions of Section 29.1 above shall Tenant create or permit be a lien release bond issued by a corporation authorized to be created, issue surety bonds in the State of California in an amount equal to one and one-half the amount of such claim of lien. The bond shall meet the requirements of Civil Code Section 3143 and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out provide for the payment of any agreement (expressed or implied)sum that the claimant may recover on the claim, chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection together with the operation said lien claimant's costs of the Premisessuit if he recovers therein. 29.3 If a mechanics' lien which is Tenant's responsibility pursuant to Section 29.1 above has been filed, and Tenant shall not suffer have discharged same of record within the time permitted by that Section, Landlord may (but shall not be obligated to) pay said claim and any other matter or thing whereby costs, and the estateamount so paid, rights and interest of together with reasonable attorneys' fees incurred in connection therewith shall be payable by Tenant to Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty as Additional Rent within five (305) days after written demand therefor. Tenant's failure to pay such Additional Rent shall constitute an Event of Default of this Lease, and Landlord may, without any further notice, exercise its remedies specified in Article 25 hereof. 29.4 Tenant shall, at least ten (10) days prior to commencing any work which might result in a lien as aforesaid, give Landlord written notice of its intention to do socommence such work, to enable Landlord to post, file and record a legally effective notice of non-responsibility. Landlord or its representatives shall have the right, but not right to enter into the obligation, in addition to any other right or remedy, to discharge such lien either by paying Premises and inspect the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedingssame at all reasonable times, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power the right to do any act or make any contract that post and keep posted thereon said notices of non-responsibility and such other notices as Landlord may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other deem proper to protect its interest of Landlord in the Premises, the Building or the other Improvements or any part thereoftherein.

Liens. Tenant (a) Except for services provided by Lessor to Lessee under the Shared Services Agreement, if any lien shall not do at any act which shall in time be filed against the Premises by reason of any way encumber the title of Landlord in and to the Premiseswork, nor shall Tenant create labor, services or permit to be createdmaterials done for, and shall promptly discharge, any such lien (including, but not limited or supplied to, any mechanic’sor claimed to have been done for, contractor’sor supplied to, subcontractor’s Lessee or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon anyone holding the Premises through or any part thereof or under Lessee, Lessee shall cause the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien same to be discharged of record, then Landlord, after thirty record or adequately bonded (30unless otherwise secured to the reasonable satisfaction of Lessor) within forty-five (45) days after receipt of notice of its intention the lien filing from Lessor. If Lessee shall fail to do so, shall have the rightthen, Lessor may, but shall not be obligated to, procure the obligation, in addition to any other right or remedy, to discharge such lien of the same either by paying the amount claimed to be due due, by deposit in a court of competent jurisdiction or by procuring the discharge of such lien by deposit or bonding proceedingsbonding, and in any such event Landlord shall be entitled if it so elects to compel Lessor may defend the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of judgment the judgment, if any, in favor of the lien owner lienor with interest, costs and allowances. Any amount so paid or deposited by Landlord Lessor for any such purpose, and all costs and other reasonable expenses (of Lessor, including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Leaseattorney’s fees and disbursements, due from Tenant to Landlord together with interest at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum Late Payment Rate from the date paid or deposited, shall be additional rent and shall be paid by Lessee on demand. Lessee shall cause any such lien filed against the Assets or Improvements to be discharged prior to termination of payment thereofthis Lease. This Lease If requested by Lessor, Lessee shall constitute post on behalf of Lessor, and keep posted on the Premises, any notices that Lessor may require for the protection of Lessor and of the Premises from any such lien. (b) Except for services provided by Lessee to Lessor under the Shared Services Agreement, if any lien shall at any time be filed against the Premises, by reason of any work, labor, services or materials done for, or supplied to, or claimed to have been done for, or supplied to, Lessor or anyone holding the Refinery through or under Lessor, Lessor shall cause the same (at least as it pertains to the Premises) to be discharged of record or adequately bonded (unless otherwise secured to the reasonable satisfaction of Lessee) within forty-five (45) days after receipt of notice that Landlord of the lien filing. If Lessor shall fail to do so, then, Lessee may, but shall not be liable obligated to, procure the discharge of the same, in whole or in part, either by paying all or a portion of the amount claimed to be due, by deposit in a court of competent jurisdiction or by bonding, and Lessee may defend the prosecution of an action for the foreclosure of such lien by the lienor and pay all or a portion of the amount of the judgment, if any, in favor of the lienor with interest, costs and allowances. Any amount paid or deposited by Lessee for any work performed such purpose, and all other reasonable expenses of Lessee, including reasonable attorney’s fees and disbursements, together with interest at the Late Payment Rate from the date paid or deposited, shall be promptly paid by Lessor on demand. Lessor shall cause any such lien filed against the Assets or Improvements to be performeddischarged prior to termination of this Lease. (c) Nothing in this Lease shall be deemed to be, or be construed in any way as constituting, the consent or request of Lessor, expressed or implied, by inference or otherwise, to any Person for the performance of any labor or the furnishing of any materials furnished for any Improvement of or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord or as giving Lessee any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials which might in writing. Tenant shall have no any way give rise to the right to file any lien against Lessor’s interest in the Premises or giving Lessor any right, power or authority to do contract for or permit the rendering of any act services or make the furnishing of any contract that may create or be materials which might in any way give rise to the foundation for right to file any lien, mortgage or other encumbrance upon the estate of Landlord, or any other lien against Lessee’s interest of Landlord in the Premises, including the Building or the other Assets and Improvements or any part thereoflocated thereon.

Liens. Tenant shall not do any act which shall in any way encumber at all times keep the title of Landlord in Premises and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge Project free from liens arising out of any agreement (expressed or implied)related to work or services performed, chattel mortgagematerials or supplies furnished or obligations incurred by or on behalf of Tenant or in connection with work made, security agreement, financing statement suffered or otherwise) upon done by or on behalf of Tenant in or on the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impairedProject. If Tenant shall fail to cause not, within ten (10) days following the imposition of any such lien lien, cause the same to be discharged released of recordrecord by payment or posting of a proper bond, then LandlordLandlord shall have, after thirty (30) days notice of its intention in addition to do soall other remedies provided herein and by law, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying cause the amount claimed same to be due or released by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event means as Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor deem proper, including payment of the lien owner with interest, costs and allowancesclaim giving rise to such lien. Any amount so All sums paid by Landlord on behalf of Tenant and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith therefor shall constitute Additional Rent be payable to Landlord by Tenant under this Lease, due from Tenant to Landlord on demand with interest at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereofApplicable Interest Rate as Additional Rent. This Lease shall constitute notice that Landlord shall not be liable for have the right at all times to post and keep posted on the Premises any work performed notices permitted or to be performedrequired by law, or any materials furnished or to be furnishedwhich Landlord shall deem proper, at for the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate protection of Landlord, or any other interest of Landlord in the Premises, the Building Project and any other party having an interest therein, from mechanics' and materialmen's liens, and Tenant shall give Landlord not less than ten (10) business days prior written notice of the commencement of any work in the Premises or Project which could lawfully give rise to a claim for mechanics' or materialmen's liens to permit Landlord to post and record a timely notice of non-responsibility, as Landlord may elect to proceed or as the other Improvements law may from time to time provide, for which purpose, if Landlord shall so determine, Landlord may enter the Premises. Tenant shall not remove any such notice posted by Landlord without Landlord's consent, and in any event not before completion of the work which could lawfully give rise to a claim for mechanics' or any part thereofmaterialmen's liens.

Liens. Tenant Provided that Owner has paid Contractor in accordance with the requirements of this Agreement, Contractor shall, at Contractor’s sole expense, discharge and cause to be released, whether by payment or posting of an appropriate surety bond in accordance with Applicable Law, within ten (10) days after receipt of a written demand from Owner, any Lien in respect to the Work, the Equipment, the Project Site, or any fixtures or personal property included in the Work (whether or not any such Lien is valid or enforceable) created by, through or under, or as a result of any act or omission (or alleged act or omission) of, Contractor or any Subcontractor, or other Person providing services or materials within the scope of Contractor’s Work. Upon the failure of Contractor to promptly discharge or cause to be released any Lien as required by this Section 2.9, within ten (10) days after notice to Contractor, Owner may, but shall not do any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited obligated to, any mechanic’spay, contractor’sdischarge or obtain a surety bond for such Lien and, subcontractor’s upon such payment, discharge or material man’s lien or any lienposting of surety bond therefore, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon shall be entitled to immediately recover from Contractor the Premises or any part amount thereof or the income therefrom or any personal property used together with all expenses incurred by Owner in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from discharge or posting, or set off all such amounts against any sums owed by Owner to Contractor. Contractor shall notify Owner of the date filing of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performedLien against the Project, the Equipment, the Project Site, or any materials fixtures or personal property included in the Work promptly upon learning of the existence or filing of such Lien. Acceptance by Contractor of the final payment shall constitute a release by Contractor of Owner, Affiliates and every officer and agent thereof from all Liens (whether statutory or otherwise and including mechanics’ or suppliers’ Liens), claims and liability hereunder with respect to any Work performed or furnished in connection with this Agreement, or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make omission of Owner or of any contract that may create Person relating to or affecting this Agreement, except claims for which Contractor has delivered a dispute notice to Owner. No payment by Owner shall be the foundation for deemed a waiver by Owner of any lien, mortgage or other encumbrance upon the estate obligation of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofContractor under this Agreement.

Liens. Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Premiseswill not, nor shall Tenant directly or indirectly, create or permit to be createdcreated or to remain, and shall will promptly discharge, any such lien (including, but not limited toat its expense, any mechanic’s, contractor’s, subcontractorsupplier’s or material manvendor’s lien or any lien, encumbrance or charge on the Premises or any part thereof, other than any of the same arising out by or through Landlord. The existence of any agreement mechanic’s, supplier’s or vendor’s lien, or any right in respect thereof, shall not constitute a violation of this Section 22 if payment is not yet due upon the contract or for the goods or services in respect of which any such lien has arisen or, if Tenant is protesting or challenging such lien in good faith and has, within forty-five (45) days (or such earlier time as reasonably required by Landlord’s Mortgagee after Tenant’s receipt of written notice) after Tenant receives actual notice of such lien, bonded over such lien. Nothing contained in this Lease shall be construed as constituting the consent or request of Landlord, expressed or implied), chattel mortgageof any contractor, security agreementsubcontractor, financing statement laborer, materialman or otherwise) upon vendor to or for the performance of any labor or services or the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to the Premises or any part thereof, and any such contractor, subcontractor, laborer, materialman or vendor shall look solely to Tenant and Tenant’s interest in the Premises to secure the payment of any bills for any labor, services, or materials furnished. Notice is hereby given that Landlord will not be liable for any labor, services or materials furnished or to be furnished to Tenant, or to anyone holding the Premises or any part thereof through or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon creditTenant, and that no mechanic’s or other lien liens for any such work labor, services or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. If Tenant shall have no power to do has not removed any act or make any contract that may create or be the foundation for any lien, mortgage such lien or other encumbrance described above within forty-five (45) days after written notice thereof to Tenant, Landlord may, but shall not be obligated to, pay the amount of such lien or other encumbrance or discharge the same by deposit, and the amount so paid or deposited shall constitute additional Rent and be collectible upon demand with interest at the estate Default Rate. Landlord hereby consents to the granting of Landlorda lien or security interest on the fixtures, furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other of Tenant’s Personal Property installed or placed on the Premises by Tenant in connection with any other interest credit facility that Tenant has or may have during the Term hereof, and Tenant shall give Landlord written notice of Landlord in the Premises, the Building or the other Improvements or any part thereofsuch lien.

Liens. Tenant shall not do In the event that any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create lien is recorded or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon filed against the Premises as a result of work performed or any part thereof materials furnished at the request of or the income therefrom or any personal property used in connection with the operation on behalf of the PremisesTenant, and Tenant shall not suffer any other matter or thing whereby the estateshall, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after within thirty (30) days notice after learning of its intention to do sosuch filing, shall have cause the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed same to be due released and discharged of record. Should Tenant contest any such claim or lien, Tenant may do so only if within such thirty (30) day period, Tenant causes the lien to be released and discharged of record by procuring the discharge posting of adequate security with a court of competent jurisdiction and obtaining a court order releasing the lien, as may then be provided by North Carolina’s mechanic lien statutes. Tenant shall defend on behalf of Landlord, at Tenant’s sole cost and expense, any action, suit or proceeding which may be brought thereon or for the enforcement of such lien by deposit lien, liens or bonding proceedingsorders, and in Tenant will pay any such event damages and discharge any judgment entered therein and hold Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interestharmless from any loss, costs and allowances. Any amount so paid by Landlord and all costs and expenses (claim or damage resulting therefrom, including reasonable attorneys’ fees) . In the event Tenant fails to cause such lien to be released of record after written request from Landlord, Landlord may, at its option (but shall not be obligated to), pay the amounts claimed, and all amounts so paid, plus all costs and expenses incurred by Landlord in connection therewith (including, without limitation, attorney’s fees or any other legal costs or expenses) together with interest thereon at the rate of twelve percent (12%) per annum, shall constitute Additional Rent be immediately due and payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writingas additional rent. Tenant shall have no power to do any act or to make any contract that may create or be the foundation for any lien, mortgage mortgage, or other encumbrance upon on the fee interest in the Land, the reversion or other estate of Landlord, or that would be prior to any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereof.

Liens. Tenant The Developer shall not permit any mechanics’ or materialmen’s liens or other liens upon the Premises (provided, however, that the First Mortgage shall be permitted as a lien against the Project and the Developer’s interest in the Ground Lease and the Lease and Management Documents) and shall ensure that the Design Build Contract, the Architect’s agreement, construction contracts and all subcontracts and agreements with material suppliers make it expressly clear that the Developer’s interest in the Project is that of a ground lease tenant. The Owner’s title to the Premises is and always shall be paramount to the Ground Lease, and nothing in this Agreement shall empower the Developer to do any act which that can, shall in any way or may encumber the title of Landlord in Premises with a lien. If (a) a dispute arises under the Design Build Contract and to a lien is filed against the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwiseb) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with such dispute, the operation Owner requests the Developer to withhold a payment due to the Design Builder (or the Architect, contractor, subcontractor or material supplier) under the Design Build Contract, and (c) then, in any such event, the Developer shall, within twenty (20) calendar days of notice of the Premisesfiling of the lien, either discharge or bond over such lien to the satisfaction of the Owner and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impairedLender. If Tenant the Developer shall fail to cause any so discharge or bond over such lien to be discharged of recordlien, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligationthen, in addition to any other right or remedyremedy of the Owner and without waiving or releasing the Developer’s default in not timely discharging the lien, to the Owner may, but shall not be obligated to, bond over or discharge such lien either by paying the same. Any reasonable amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien paid by the lienor and to pay the amount of judgment in favor Owner for any of the lien owner with interestaforesaid purposes, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including including, without limitation, reasonable attorneys’ fees) incurred fees and expenses, shall be paid by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant the Developer to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from Owner on demand. Notice is hereby given that the date of payment thereof. This Lease shall constitute notice that Landlord Owner shall not be liable to any Person for any work performed labor or to be performed, or any materials furnished or to be furnished, at furnished to the Premises for Tenant upon Developer on credit, and that no mechanicmechanics’ or materialmen’s or other lien for any such work labor or materials shall attach to or affect the reversionary or other estate or interest of Landlord the Owner in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereof.

Liens. Tenant Trustor shall not do any act which shall in any way encumber the title of Landlord in and to the Premisescause, nor shall Tenant create incur suffer or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s exist or material man’s lien or become effective any lien, encumbrance or charge arising out upon all or any part of the Property, the Improvements or any agreement interest therein other than (expressed or implieda) easements, rights of way, covenants, conditions, restrictions, liens and other title limitations approved in writing by Beneficiary prior to the execution of this Deed of Trust, and (b) immaterial easements and rights of way which are required by governmental authorities as a condition to the use and operation of the Improvements which are approved in writing by Beneficiary after the execution of this Deed of Trust (the “Permitted Encumbrances”). Trustor shall pay and promptly discharge, chattel mortgageat Trustor’s cost and expense, security agreementall liens, financing statement or otherwise) encumbrances and charges upon the Premises Security, or any part thereof or interest therein other than the income therefrom Permitted Encumbrances; provided, that the existence of any mechanic’s, laborer’s, materialman’s, supplier’s or vendor’s lien or right thereto shall not constitute a violation of this Section if payment is not yet due under the contract which is the foundation thereof. Trustor shall have the right to contest in good faith the validity of any personal property used in connection such lien, encumbrance or charge, provided Trustor shall first deposit with the operation Beneficiary a bond or other security satisfactory to Beneficiary in such amounts as Beneficiary shall reasonably require, but not more than one hundred fifty percent (150%) of the Premisesamount of the claim or shall post a bond authorized by statute in lieu thereof, and Tenant provided further that Trustor shall not suffer any other matter thereafter diligently proceed to cause such lien, encumbrance or thing whereby the estate, rights charge to be removed and interest of Landlord in the Premises or any part thereof might be impaireddischarged. If Tenant Trustor shall fail to cause remove and discharge any such lien to be discharged of recordlien, then Landlordencumbrance, after thirty (30) days notice of its intention to do soor charge, shall have the right, but not the obligationthen, in addition to any other right or remedyremedy of Beneficiary, to Beneficiary may, but shall not be obligated to, discharge the same, without inquiring into the validity of such lien lien, encumbrance or charge nor into the existence of any defense or offset thereto, either by paying the amount claimed to be due due, or by procuring the discharge of such lien lien, encumbrance or charge by deposit depositing in court a bond or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment claimed, or otherwise giving security for such claim, in favor of the lien owner with interestsuch manner as is or may be prescribed by law. Trustor shall, costs and allowances. Any immediately upon demand therefor by Beneficiary, pay to Beneficiary an amount so paid by Landlord and equal to all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord Beneficiary in connection therewith shall constitute Additional Rent payable with the exercise by Tenant under this Lease, due from Tenant Beneficiary of the foregoing right to Landlord at the next rent day after discharge any such paymentlien, encumbrance or charge, together with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, such expenditure at the Premises for Tenant upon creditAgreed Rate and, and that no mechanic’s or other lien for until paid, such work or materials sums shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofsecured hereby.

Liens. Tenant shall give Landlord at least ten (10) days prior written notice (or such additional time as may be necessary under applicable laws) of the commencement of any Tenant’s Work, to afford Landlord the opportunity to post and record notices of non-responsibility. Tenant will not do any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create cause or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractormaterialman’s or material man’s lien similar liens or any lien, encumbrance encumbrances to be filed or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon exist against the Premises or any part thereof the Building or the income therefrom or any personal property used Tenant’s interest in this Lease in connection with the operation of the Premises, work done under this Article or in connection with any other work and Tenant shall not suffer any other matter or thing whereby the estateagrees to defend, rights indemnify and interest of hold harmless Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause from and against any such lien to be discharged or claim or action thereon, together with costs of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, suit and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) fees incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after with any such payment, with interest thereon at Prime plus three percent claim or action. Tenant shall remove any such lien or encumbrance by bond or otherwise within twenty (3%20) per annum days from the date Landlord sends Tenant written notice of payment thereoftheir existence. This Lease If Tenant fails to do so, Landlord may, without being responsible to investigate the validity or lawfulness of the lien, pay the amount or take such other action as Landlord deems necessary to remove any such lien or encumbrance or require that Tenant deposit with Landlord in cash and lawful money of the United States, one hundred fifty percent (150%) of the amount of such claim, which sum may be retained by Landlord until such claim shall constitute notice that have been removed of record or until judgment shall have been rendered on such claim and such judgment shall have become final, at which time Landlord shall not be liable for have the right to apply such deposit in discharge of the judgment on said claim and any work performed or to be performedcosts, or any materials furnished or to be furnished, at the Premises for Tenant upon creditincluding attorneys’ fees incurred by Landlord, and that no mechanic’s or other lien for such work or materials shall attach remit the balance thereof to or affect the estate or interest of Landlord in Tenant. The amounts so paid and to the Premises, unless specifically ordered costs incurred by Landlord shall be deemed Additional Rent under this Lease and payable in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance full upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofdemand.

Liens. (a) Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create agrees that it will pay or permit cause to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s paid all costs for work done by it or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon caused to be done by it on the Premises of a character which will or any part thereof or the income therefrom or any personal property used may result in connection with the operation of the Premisesliens on Landlord's reversionary estate therein, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in keep the Premises free and clear of all mechanics' liens and other liens on account of work done for Tenant or persons claiming under it. If any part thereof might such lien shall at any time be impairedfiled against the Premises, Tenant shall either cause the same to be discharged within thirty (30) days after the recording thereof, or, if Tenant, in Tenant's discretion and in good faith, determines that such lien should be contested, shall furnish such security as may be necessary or required to prevent any foreclosure proceedings against the Premises during the pendency of such contest. If Tenant shall fail to cause any furnish such lien to be discharged of recordsecurity, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligationthen, in addition to any other right or remedyremedy of Landlord resulting from such failure, to Landlord may, but shall not be obligated to, discharge such lien the same either by paying the amount claimed to be due or by due, procuring the discharge of such lien by deposit giving security, or bonding proceedingsin such other manner as is, and in any such event Landlord or may be, prescribed by law. Tenant shall be entitled if it so elects repay to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interestLandlord, costs and allowances. Any amount so paid as Rent, on demand, all sums disbursed or deposited by Landlord pursuant to the provisions of this Section 5.7, including all costs, expenses and all costs and expenses (including reasonable attorneys’ fees) ' fees incurred by Landlord in connection therewith therewith. Nothing contained herein shall constitute Additional Rent payable by Tenant imply any consent or agreement on the part of Landlord to subject Landlord's estate to liability under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s mechanics' lien or other lien for such work law. (b) Should any claims of lien be filed against the Premises or materials shall attach to or affect any action affecting the estate or interest of Landlord in and title to the PremisesPremises be commenced, unless specifically ordered by the party receiving notice of such lien or action shall forthwith give the other party written notice thereof. Landlord in writing. Tenant or its representative shall have no power the right to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance post and keep posted upon the estate Premises notices of nonresponsibility or such other notices which Landlord may deem to be proper for the protection of Landlord, or any other 's interest of Landlord in the Premises. Tenant shall, before the Building or commencement of any work which might result in any such lien, give to Landlord advance written notice of its intention to do so in reasonably sufficient time to enable the other Improvements or any part thereofposting of such notices.

Liens. Tenant shall not do keep the Premises and the Project free from any act which shall in any way encumber the title of Landlord in and to the Premisesmechanics’ liens, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien vendors liens or any lien, encumbrance or charge other liens arising out of any agreement (expressed work performed, materials furnished or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premisesobligations incurred by Tenant, and Tenant shall not suffer any other matter or thing whereby the estateagrees to defend, rights indemnify and interest of hold Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause harmless from and against any such lien to be discharged or claim or action thereon, together with costs of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, suit and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) fees and costs incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after with any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereofclaim or action. This Lease shall constitute notice that Landlord shall not be liable for Before commencing any work performed of alteration, addition or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and improvement to the Premises, unless specifically ordered Tenant shall give Landlord at least ten (10) business days’ written notice of the proposed commencement of such work (to afford Landlord an opportunity to post appropriate notices of non-responsibility). In the event that there shall be recorded against the Premises or the Project or the property of which the Premises is a part any claim or lien arising out of any such work performed, materials furnished or obligations incurred by Tenant and such claim or lien shall not be removed or discharged within ten (10) days of filing, Landlord shall have the right but not the obligation to pay and discharge said lien without regard to whether such lien shall be lawful or correct, or to require that Tenant promptly deposit with Landlord in cash, lawful money of the United States, one hundred fifty percent (150%) of the amount of such claim, which sum may be retained by Landlord in writing. Tenant until such claim shall have no power been removed of record or until judgment shall have been rendered on such claim and such judgment shall have become final, at which time Landlord shall have the right to do apply such deposit in discharge of the judgment on said claim and any act or make any contract that may create or be the foundation for any liencosts, mortgage or other encumbrance upon the estate of including attorneys’ fees and costs incurred by Landlord, or any other interest of Landlord in and shall remit the Premises, the Building or the other Improvements or any part thereofbalance thereof to Tenant.

Liens. Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractormaterialmen’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises other liens to be filed against all or any part thereof or the income therefrom or any personal property used in connection with the operation of the PremisesProject, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the PremisesSite, the Building or the Premises, nor against Tenant’s leasehold interest in the Premises, by reason of or in connection with any repairs, alterations, improvements or other Improvements work contracted for or undertaken by Tenant or any part other act or omission of Tenant or any Tenant Parties. Tenant shall, at Landlord’s request, provide Landlord with enforceable, unconditional and final lien releases (and other evidence reasonably requested by Landlord to demonstrate protection from liens) from all persons furnishing labor and/or materials with respect to the Premises. Landlord shall have the right at all reasonable times to post on the Premises and record any notices of non-responsibility which it deems necessary for protection from such liens. If any such liens are filed, Tenant shall, at its sole cost, immediately cause such lien to be released of record or bonded to Landlord’s reasonable satisfaction so that it no longer affects title to the Project, the Site, the Building or the Premises. If Tenant fails to cause such lien to be so released or bonded within twenty (20) days after filing thereof, Landlord may, without waiving its rights and remedies based on such breach, and without releasing Tenant from any of its obligations, cause such lien to be released by any means it shall deem proper, including payment in satisfaction of the claim giving rise to such lien. Tenant shall pay to Landlord within five (5) days after receipt of invoice from Landlord, any sum paid by Landlord to remove such liens, together with interest at the Interest Rate from the date of such payment by Landlord. NOTICE IS HEREBY GIVEN THAT LANDLORD SHALL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES.

Liens. Tenant Lessee agrees that it will make full and prompt payment of all sums necessary to pay for the cost of repairs, alterations, improvements, changes or other work done by Lessee to the Premises and further agrees to indemnify and hold harmless Lessor from and against any and all such costs and liabilities incurred by Lessee, and against any and all mechanic’s, materialmen’s or laborer’s liens arising out of or from such work or the cost thereof which may be asserted, claimed or charged against the Premises or the Building or site on which it is located. Notwithstanding anything to the contrary in this Lease, the interest of Lessor in the Premises shall not do any act which be subject to liens for improvements made by or for Lessee, whether or not the same shall be made or done in any way encumber the title of Landlord in accordance with an agreement between Lessor and to the Premises, nor shall Tenant create or permit to be createdLessee, and it is specifically understood and agreed that in no event shall promptly discharge, any such lien (including, but not limited to, Lessor or the interest of Lessor in the Premises be liable for or subjected to any mechanic’s, contractormaterialmen’s or laborer’s liens for improvements or work made by or for Lessee; and this Lease specifically prohibits the subjecting of Lessor’s interest in the Premises to any mechanic’s, subcontractormaterialmen’s or material manlaborer’s liens for improvements made by Lessee or for which Lessee is responsible for payment under the terms of this Agreement. All persons dealing with Lessee are hereby placed upon notice of this provision. In the event any notice or claim of lien or any lien, encumbrance or charge arising out shall be asserted of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon record against the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord Lessor in the Premises or Building or the site on which it is located on account of or growing out of any part thereof might be impaired. If Tenant improvement or work done by or for Lessee, or any person claiming by, through or under Lessee, or for improvements or work the cost of which is the responsibility of Lessee, Lessee agrees to have such notice of lien canceled and discharged of record as a claim against the interest of Lessor in the Premises or the Building or the site on which it is located (either by payment or bond as permitted by law) within ten (10) days after notice to Lessee by Lessor, and in the event Lessee shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord Lessee shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment considered in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant default under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereof.

Liens. Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create cause or permit to be createdfiled against the Building, and shall promptly dischargethe Parking Facility, the Project or of any portion thereof, or against Tenant’s leasehold interest in the Premises, any such lien (mechanics’, materialmen’s or other liens, including, but not limited towithout limitation, any mechanic’sstate, contractor’sfederal or local “superfund” or Hazardous Materials cleanup lien imposed as a result of the presence of Hazardous Materials in, subcontractor’s on or material man’s lien about the Premises, the Parking Facility, the Building or any lien, encumbrance or charge arising out other portion of the Project. Landlord shall have the right at all reasonable times to post and keep posted on the Premises any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon notices that it deems necessary for protection from such liens. Tenant shall discharge any lien filed against the Premises or against the Building or Project for work claimed to have been done for, or materials claimed to have been furnished to, Tenant, by bond or otherwise, within ten (10) days after the filing thereof, at the cost and expense of Tenant. If any part thereof or such liens are filed and Tenant fails to discharge them pursuant to the income therefrom or foregoing sentence, Landlord may, without waiving its rights and remedies based on such breach of Tenant and without releasing Tenant from any personal property used of its obligations hereunder, cause such lien(s) to be released by any means it shall deem proper, including payments in connection with the operation satisfaction of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail claim giving rise to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge obtaining a statutory mechanic’s lien release bond in an amount equal to one hundred fifty percent (150%) of such lien by deposit claim. Tenant shall: (a) pay to Landlord, immediately upon Notice from Landlord, any cost or bonding proceedingsexpense, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interestincluding, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable without limitation, attorneys’ fees) fees and costs, incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant reason of Tenant’s failure to Landlord at the next rent day after discharge any such paymentlien, together with interest thereon at Prime plus three percent (3%) the maximum rate per annum permitted by law from the date of such payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon creditby Landlord, and that no mechanic’s or other lien for such work or materials (b) shall attach to or affect indemnify, defend and hold the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements Landlord Indemnified Parties harmless from and against any all Claims arising out of or in connection with any part thereofsuch liens.

Liens. Tenant shall not do keep the Premises and the Project free from any act which shall in any way encumber the title of Landlord in and to the Premisesmechanics' liens, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien vendors liens or any lien, encumbrance or charge other liens arising out of any agreement (expressed work performed, materials furnished or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premisesobligations incurred by Tenant, and Tenant shall not suffer any other matter or thing whereby the estateagrees to defend, rights indemnify and interest of hold Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause harmless from and against any such lien to be discharged or claim or action thereon, together with costs of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, suit and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) ' fees and costs incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after with any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereofclaim or action. This Lease shall constitute notice that Landlord shall not be liable for Before commencing any work performed of alteration, addition or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and improvement to the Premises, unless specifically ordered Tenant shall give Landlord at least ten (10) business days' written notice of the proposed commencement of such work (to afford Landlord an opportunity to post appropriate notices of non-responsibility). In the event that there shall be recorded against the Premises or the Project or the property of which the Premises is a part any claim or lien arising out of any such work performed, materials furnished or obligations incurred by Tenant and such claim or lien shall not be removed or discharged within ten (10) days of filing, Landlord shall have the right but not the obligation to pay and discharge said lien without regard to whether such lien shall be lawful or correct (in which case Tenant shall reimburse Landlord for any such payment made by Landlord within ten (10) days following written demand), or to require that Tenant promptly deposit with Landlord in writing. Tenant cash, lawful money of the United States, one hundred fifty percent (150%) of the amount of such claim, which sum may be retained by Landlord until such claim shall have no power been removed of record or until judgment shall have been rendered on such claim and such judgment shall have become final, at which time Landlord shall have the right to do apply such deposit in discharge of the judgment on said claim and any act or make any contract that may create or be the foundation for any liencosts, mortgage or other encumbrance upon the estate of including attorneys' fees and costs incurred by Landlord, or any other interest of Landlord in and shall remit the Premises, the Building or the other Improvements or any part thereofbalance thereof to Tenant.

Liens. Tenant shall not do permit any act which shall in mechanic's, materialmen's or other liens to be filed against all or any way encumber part of the title of Landlord in and to Project, the Building or the Premises, nor shall Tenant create against Tenant's leasehold interest in the Premises, by reason of or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation any repairs, alterations, improvements or other work contracted for or undertaken by Tenant or any other act or omission of Tenant or Tenant's agents, employees, contractors, licensees or invitees. Tenant shall, at Landlord's request, provide Landlord with enforceable, conditional and final lien releases (and other reasonable evidence reasonably requested by Landlord to demonstrate protection from liens) from all persons furnishing labor and/or materials with respect to the Premises, and Tenant . Landlord shall not suffer any other matter or thing whereby have the estate, rights and interest of Landlord in right at all reasonable times to post on the Premises or and record any part thereof might be impairednotices of non-responsibility which it deems necessary for protection from such liens. If any such liens are filed, Tenant shall fail to shall, at its sole cost, immediately cause any such lien to be discharged released of recordrecord or bonded so that it no longer affects title to the Project, then the Building or the Premises. If Tenant fails to cause such lien to be so released or bonded within twenty (20) days after filing thereof, Landlord may, without waiving its rights and remedies based on such breach, and without releasing Tenant from any of its obligations, cause such lien to be released by any means it shall deem proper, including payment in satisfaction of the claim giving rise to such lien. Tenant shall pay to Landlord within five (5) days after receipt of invoice from Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so sum paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Leaseto remove such liens, due from Tenant to Landlord together with interest at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum Interest Rate from the date of such payment thereofby Landlord. This Lease shall constitute notice Notice is hereby given that Landlord shall not be liable for any work performed labor, services or to be performed, or any materials furnished or to be furnishedfurnished to Tenant, at or to anyone holding the Premises for Tenant upon creditthrough or under Tenant, and that no mechanic’s mechanics' or other lien liens for any such work labor, services or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereof.

Liens. Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create cause or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in filed against the Premises, the Building or the Project or of any portion thereof or against Tenant’s leasehold interest in the Premises any mechanics’, materialmen’s or other Improvements liens, including without limitation any state, federal or local “superfund” or Hazardous Materials cleanup lien imposed as a result of the presence of Hazardous Materials in, on or about the Premises, the Building or any part other portion of the Project. Landlord shall have the right at all reasonable times to post and keep posted on the Premises any notices that it deems necessary for protection from such liens. Tenant shall discharge any lien filed against the Premises or against the Building for work claimed to have been done for, or materials claimed to have been furnished to, Tenant, by bond or otherwise, within ten (10) business days after the filing thereof, at the cost and expense of Tenant. If any such liens are filed and Tenant fails to discharge them pursuant to the foregoing sentence, Landlord may, without waiving its rights and remedies based on such breach of Tenant and without releasing Tenant from any of its obligations hereunder, cause such lien(s) to be released by any means it shall deem proper, including payments in satisfaction of the claim giving rise to such lien or by obtaining a corporate statutory mechanic’s lien release bond in an amount equal to one hundred fifty percent (150%) of such lien claim. Tenant shall: (a) pay to Landlord, immediately upon Notice from Landlord, any cost or expense, including, without limitation, attorneys’ fees and costs, incurred by Landlord by reason of Tenant’s failure to discharge any such lien, together with interest thereon at the maximum rate per annum permitted by Law from the date of such payment by Landlord and (b) shall indemnify, defend and hold the Landlord Indemnified Parties harmless from and against any liens.

Liens. Tenant Lessee shall not do keep the Premises and every portion of the Project free from any act which shall in any way encumber the title of Landlord in and to the Premisesall mechanics’, nor shall Tenant create or permit to be createdmaterialmen’s and other liens, and shall promptly dischargeclaims thereof, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement work performed, materials furnished or obligations incurred by or for Lessee. Lessee shall indemnify and defend with counsel acceptable to Lessor and hold Lessor harmless from and against any liens, demands, claims, actions, suits, proceedings, orders, losses, costs, damages, liabilities, penalties, expenses, judgments or encumbrances (expressed including without limitation, attorneys’ fees) arising out of any work or implied), chattel mortgage, security agreement, financing statement services performed or otherwise) upon materials furnished by or at the Premises direction of Lessee or Lessee’s Agents or any part thereof contractor employed by Lessee with respect to the Premises. Should any claims of lien relating to work performed, materials furnished or the income therefrom obligations incurred by Lessee be filed against, or any personal property used in connection with the operation of action be commenced affecting the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impairedof the Project, and/or Lessee’s interest therein, Lessee shall give Lessor notice of such lien or action within three (3) days after Lessee receives notice of the filing of the lien or the commencement of the action. If Tenant shall fail to Lessee does not, within twenty (20) days following the imposition of any such lien, cause any such lien to be discharged released of recordrecord by payment or posting of a proper bond, then LandlordLessor shall have, after thirty (30) days notice of its intention in addition to do soall other remedies provided herein and by law, shall have the right, but not the obligation, in addition to any other right or remedycause the same to be released by such means as it shall deem proper, including by payment of the claim giving rise to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien posting a proper bond, or by deposit requiring Lessee to post for Lessor’s benefit a bond, surety, or bonding proceedings, cash amount equal to one and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay one-half (1-1/2) times the amount of judgment in favor of lien and sufficient to release the lien owner with interest, costs Premises and allowancesProject from the lien. Any amount so All sums paid by Landlord Lessor pursuant to this Article 12 and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord it in connection therewith including attorneys’ fees and costs shall constitute Additional Rent be payable to Lessor by Tenant under this Lease, due from Tenant to Landlord at the next Lessee as additional rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofon demand.

Liens. Tenant shall not do any act which shall in any way encumber at all times keep the title of Landlord in Premises and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge Project free from liens arising out of any agreement (expressed or implied)related to work or services performed, chattel mortgagematerials or supplies furnished or obligations incurred by or on behalf of Tenant or in connection with work made, security agreement, financing statement suffered or otherwise) upon done by or on behalf of Tenant in or on the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impairedProject. If Tenant shall fail to cause not, within ten (10) days following the imposition of any such lien lien, cause the same to be discharged released of recordrecord by payment or posting of a proper bond, then LandlordLandlord shall have, after thirty (30) days notice of its intention in addition to do soall other remedies provided herein and by law, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying cause the amount claimed same to be due or released by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event means as Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor deem proper, including payment of the lien owner with interest, costs and allowancesclaim giving rise to such lien. Any amount so All sums paid by Landlord on behalf of Tenant and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith therefor shall constitute Additional Rent be payable to Landlord by Tenant under this Lease, due from Tenant to Landlord on demand with interest at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereofApplicable Interest Rate as Additional Rent. This Lease shall constitute notice that Landlord shall not be liable for have the right at all times to post and keep posted on the Premises any work performed notices permitted or to be performedrequired by law, or any materials furnished or to be furnishedwhich Landlord shall deem proper, at for the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate protection of Landlord, or any other interest of Landlord in the Premises, the Building Project and any other party having an interest therein, from mechanics’ and materialmen’s liens, and Tenant shall give Landlord not less than ten (10) Business Days prior written notice of the commencement of any work in the Premises or Project which could lawfully give rise to a claim for mechanics’ or materialmen’s liens to permit Landlord to post and record a timely notice of non-responsibility, as Landlord may elect to proceed or as the other Improvements law may from time to time provide, for which purpose, if Landlord shall so determine, Landlord may enter the Premises. Tenant shall not remove any such notice posted by Landlord without Landlord’s consent, and in any event not before completion of the work which could lawfully give rise to a claim for mechanics’ or any part thereofmaterialmen’s liens.

Liens. Should any Tenant shall not do Lien(s) (as hereinafter defined) be filed against any act which shall in any way encumber the title portion of Landlord in and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premisesinterest therein, and Tenant shall not suffer any other matter cause the same to be cancelled or thing whereby the estate, rights and interest discharged of Landlord in the Premises record by bond or any part thereof might be impairedotherwise within thirty (30) days after Tenant becomes aware thereof. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after cancel or discharge said Tenant Lien(s) within said thirty (30) days notice day period, Landlord may cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs actually incurred in canceling or discharging such Tenant Lien(s), together with interest thereon from the date paid by Landlord to the date reimbursed by Tenant at the Default Rate. As used herein, the term “Tenant Lien(s)” shall mean any charge, lien, security interest or encumbrance, including all liens which arise out of its intention the use, occupancy, construction, repair or rebuilding of the Premises or by reason of labor or materials furnished or claimed to do so, shall have been furnished to Tenant or for the rightPremises, but not the obligationincluding any mortgage, in addition to any other right charge, lien, security interest or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid encumbrance created by Landlord and all costs and expenses (including reasonable attorneys’ feessuch as, without limitation, the Landlord Mortgage (as hereinafter defined) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest lien securing monetary obligations of Landlord in excluding items that Tenant is specifically responsible for under this Lease (e.g., liens for Impositions) (each a “Landlord Lien”)). Landlord hereby irrevocably, unconditionally and expressly waives any and all liens on the Premisesproperty of Tenant and its sublessees, the Building express or the other Improvements implied, statutory or any part thereofcontractual.

Liens. Tenant shall not do all things reasonably necessary to prevent the filing of any act which shall in construction, mechanics’ or other liens or encumbrances against the Building or the Land, or any way encumber the title part thereof, or upon any interest of Landlord in and or any mortgagee of the Land and/or the Building, by reason of work, labor, services, or materials supplied or claimed to have been supplied to Tenant, or anyone holding the Leased Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any part thereof; through or under Tenant. If any such lien (includingor encumbrance shall at any time be filed against the Leased Premises, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lienportion thereof, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to either cause any such lien same to be discharged of record, then Landlord, after record within thirty (30) days after the date of filing of same or, if Tenant in good faith determines that such lien should be contested, Tenant shall furnish such security as Landlord shall determine to be necessary and/or required to prevent any foreclosure proceedings against the Leased Premises, or any portion thereof, during the pendency of such contest, and Tenant shall cause the title insurance company or companies insuring the respective interests in the Leased Premises of Landlord and/or Landlord’s mortgagee(s) in any portion of the Leased Premises to remove such lien as a matter affecting title to the Leased Premises. If after ten days’ written notice of its intention to do soTenant, Tenant shall have the rightfail to discharge any such lien or encumbrance within such period or fail to furnish such security, but not the obligationthen, in addition to any other right or remedyremedy of Landlord resulting from said default of Tenant, to Landlord may, but shall not be obligated to, discharge such lien the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit giving security or bonding proceedingsin such other manner as is, or may be, prescribed by law, and in any such event Landlord shall be entitled if it so elects to compel the prosecution all costs, expenses, and other sums of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred money spent by Landlord in connection therewith shall constitute Additional Rent payable by an Advance. All materialmen, contractors, artisans, mechanics, laborers, and any other persons now or hereafter contracting with Tenant under this Leasefor the furnishing of any labor, due from services, materials, supplies, or equipment with respect to any portion of the Leased Premises, are hereby charged with notice that they must look exclusively to Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of obtain payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writingsame. Tenant shall have no power indemnify and defend Landlord from and against any liability, loss, damage, costs, attorneys’ fees, and any other expense incurred as a result of claims of lien by any person performing work or furnishing materials or supplies for Tenant or any person claiming under Tenant, which indemnity obligation shall survive the expiration or termination of this Lease. Tenant shall give Landlord notice of the intended commencement date at least ten (10) days prior to do the commencement of any act or make any contract that work for which a claim of lien may create or be the foundation for any lien, mortgage or other encumbrance upon the estate filed to enable Landlord to post notices of Landlord, non-responsibility or any other notices which Landlord deems necessary for the proper protection of Landlord’s interest of Landlord in the Premises, Leased Premises and Landlord shall have the Building or right to enter the other Improvements or Leased Premises and post such notices at any part thereofreasonable time.

Liens. Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create or permit there to be createdfiled against the Property or Landlord’s interest therein or any part of either, and shall promptly dischargeforthwith remove or have removed, any mechanics’, or materialmen’s or other lien, or claim thereof, filed by reason of work, labor, services or materials provided for or at the request of Tenant (other than work, labor, services or materials provided by the Landlord) or any subtenant or occupant or for any contractor or subcontractor employed by Tenant or any subtenant or occupant, and shall exonerate, protect, defend and hold free and harmless Landlord against and from any and all such claims or liens. Without limitation of the foregoing, if any such claim or lien (includingbe filed, Landlord may, but shall not limited be obligated to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien it either by paying the amount claimed to be due in the claim or lien or by procuring the discharge of such lien or claim by deposit or by bonding proceedings, and in any such event event, Landlord shall be entitled entitled, if it Landlord so elects elects, to compel the prosecution of an any action for the foreclosure of such lien by the claimant or lienor and to pay the amount of any judgment in favor of the lien owner lienor with interest, costs and allowances. Any amount so paid by Landlord L▇▇▇▇▇▇▇ and all costs and expenses (including expenses, including, without limitation, reasonable attorneys’ fees) incurred by Landlord , in connection therewith therewith, together with interest thereon at the Lease Interest Rate (hereinafter defined) from the respective dates of Landlord’s making of the payments and incurring of the costs and expenses, shall constitute Additional Rent additional rent payable by Tenant under this Lease, due from Lease and shall be paid by Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofon demand.

Liens. Tenant To the extent required under the Credit Agreement, the Mortgagor shall pay, from time to time when the same shall become due, all lawful claims and demands of mechanics, materialmen, laborers, and others which, if unpaid, might result in, or permit the creation of a lien on the Mortgaged Property, or any part thereof, or on the revenues, rents, issues, income and profits arising therefrom, and in general will do or cause to be done everything necessary so that the lien of this Mortgage shall be fully preserved, at the cost of the Mortgagor, without expense to the Mortgagee. The Mortgagor shall not do any act which shall in any way encumber the title of Landlord in and to the Premisesdo, nor shall Tenant create or permit to be createddone, anything that may in anyway impair the value of the Mortgaged Property, or weaken, diminish, or impair the security of this Mortgage. Should any fixture be installed to the Mortgaged Property from or after the date hereof, the lien of this Mortgage shall immediately attach to said fixture and shall be prior and superior to all other liens or claims. The Mortgagor will promptly perform and observe, or cause to be performed or observed, all of the terms, covenants, and shall promptly dischargeconditions of all Permitted Encumbrances, any such lien (includingas set forth in Exhibit B attached hereto, but not limited tothe noncompliance with which may affect the security of this Mortgage, any mechanic’s, contractor’s, subcontractor’s or material man’s lien may impose duty or obligation upon the Mortgagor or any lien, encumbrance sublessee or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation occupant of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements Mortgaged Property or any part thereof, and the Mortgagor shall do or cause to be done all things necessary to preserve intact and unimpaired all easements, appurtenances, and other interests and rights in favor of or constituting any portion of the Mortgaged Property.

Liens. Tenant shall not do any act which shall in any way encumber the title of Landlord in and Subject to the Premises, nor shall Tenant create express provisions hereof with respect to Tenant’s (or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanican Affiliate of Tenant’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out as the case may be) performance of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, Recapture Restoration Work and/or Recapture Related Repairs which has been required and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred authorized by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Leaseaccordance with Section 1.6 or Section 10.1 (“Landlord Authorized Work”), due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that which may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, Landlord or of any other interest of Landlord in the Demised Premises or the Property, or upon or in the building or buildings or improvements thereon or hereafter erected or placed thereon, it being agreed that should Tenant cause any improvements, alterations or repairs to be made to the Demised Premises, or material furnished or labor performed therein, or thereon, except for Landlord Authorized Work, neither Landlord nor the Building Demised Premises nor any improvements shall under any circumstances be liable for the payment of any expense incurred or for the other Improvements value of any work done or material furnished to the Demised Premises or any part thereof. Subject to Landlord’s payment obligations for any Landlord Authorized Work, all such improvements, alterations, repairs, materials and labor shall be done at Tenant’s expense and Tenant shall be solely and wholly responsible to contractors, laborers and material men furnishing labor and material to said premises and building or buildings and improvements or any part thereof and all such laborers, material men and contractors are hereby charged with notice that they must look solely and wholly to Tenant and Tenant’s interest in the Demised Premises to secure the payment of any bills for work done and materials furnished. In addition to all other rights and remedies of Landlord, in the event that a mechanic’s lien shall be filed against the Demised Premises or Tenant’s interest therein or against the Property or any applicable Shopping Center or any part thereof as the result of any repairs, fixturing, alterations or other work undertaken by Tenant (subject to Landlord’s payment obligations with respect to Landlord Authorized Work), Tenant shall, within twenty-one (21) days (or such shorter period as may be required pursuant to the terms of any REA) after receiving notice of such lien, discharge such lien either by payment of the indebtedness due or by filing a bond (as provided by statute) or by providing a surety bond for one hundred twenty five percent (120%) of the amount of such lien as security therefor, or a title indemnity from a nationally recognized title insurer. In the event that Tenant shall fail to bond or discharge such lien, or provide such security or title indemnity for such lien, provided, that Landlord has complied with its payment obligations with respect to Landlord Authorized Work, Landlord may, but shall not be obligated to, in addition to all other rights and remedies in this Master Lease, have the right to procure such discharge by filing such bond and Tenant shall pay the cost of such bond to Landlord (together with interest at the Overdue Rate) as Additional Charges upon the first day that Rent shall be due thereafter.

Liens. Tenant 8.1 To the fullest extent permitted by law, Contractor shall not do permit any act laborer’s, materialmen’s, mechanic’s or other similar liens to be recorded, filed or otherwise imposed on any part of the Work or the property on which shall in the Work is performed by its Subcontractors except for any way encumber such laborer’s, materialmen’s, mechanic’s or other similar liens filed or imposed on any part of the title of Landlord in and Work, or the real property on which the Work is situated, to the Premisesextent of MSG’s failure to pay Contractor amounts that are due and owing (and not disputed) in accordance with the Contract Documents. 8.2 If any such laborer’s, nor shall Tenant create materialmen’s, mechanic’s, or permit other similar lien or claim is recorded or filed and if Contractor does not cause such lien to be createdreleased or discharged (by payment, bonding or otherwise) within ten (10) Days after written notice from MSG, then MSG shall have the right to pay all sums necessary to obtain such release or discharge and recover such sums from Contractor, including via setoff against amounts to be paid to Contractor. 8.3 In the event a lien of any type is recorded or filed against the Work, or the real property on which the Work is situated, MSG has the unconditional right to investigate the reason for said lien. If MSG exercises such right, then Contractor shall fully disclose the circumstances surrounding the lien, and Contractor shall promptly dischargerequire all Subcontractors to comply with this requirement. Contractor shall immediately notify any bonding company or other surety, as applicable, of any lien. 8.4 Contractor agrees to fully indemnify, defend and hold harmless the MSG Parties from and against any and all Claims resulting from such lien lien, claim, security interest or other encumbrance. MSG may withhold from any undisputed amount due or to become due to Contractor an amount sufficient to remove and discharge such encumbrance until Contractor has removed and discharged such encumbrance as required by this Article 8. 8.5 If Contractor has not removed and discharged a lien, claim, security interest or other encumbrance covered by this Article 8 within ten (10) Days after being notified of the same, MSG may cause the encumbrance to be removed and discharged, whereupon for purposes of this Agreement, all amounts reasonably paid to discharge the encumbrance and all amounts reasonably incurred by MSG in connection with the encumbrance (including, but not limited to, any mechanic’sreasonable attorney’s fees) shall be recoverable by MSG from Contractor, contractor’s, subcontractor’s as a reimbursement or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien as a set off against amounts to be discharged of record, then Landlord, after thirty (30) days notice of its intention paid to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofContractor.

Liens. Tenant shall not do keep the Premises free from any act which shall in any way encumber the title of Landlord in and to the Premisesmechanics', nor shall Tenant create materialmen's, designer's or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge other liens arising out of any agreement (expressed work performed, materials furnished or implied)obligations incurred by or for Tenant or any person or entity claiming by, chattel mortgage, security agreement, financing statement through or otherwise) upon under Tenant. Landlord shall have the right at all times to post and keep posted on the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impairednotices which it deems necessary for protection from such liens. If Tenant shall fail to cause any such lien to be discharged liens are filed and are not released of record, then Landlord, after record by payment or posting of a proper bond within thirty (30) days notice after such filing, Landlord may, without waiving its rights and remedies based on such breach by Tenant and without releasing Tenant from any obligations hereunder, cause such liens to be released by any means it shall deem proper, including payment of its intention the claim giving rise to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed or posting security to be due or by procuring cause the discharge of such lien by deposit or bonding proceedingslien, and in any such which event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so all amounts paid by Landlord shall immediately be due and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant as Additional Rent. Tenant hereby indemnifies, protects, defends and holds Landlord and Landlord's Indemnitees and the Premises harmless from any liability, cost, obligation, expense (including, without limitation, reasonable attorneys' fees and expenses and attorneys' fees incurred in enforcing of this indemnity), or claim of any mechanics', materialmen's, design professional's or other liens in any manner relating to any work performed, materials furnished or obligations incurred by or for Tenant or any person or entity claiming by, through or under this Lease, due from Tenant. Tenant shall notify Landlord in writing fifteen (15) days prior to Landlord at the next rent day after commencing any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice Alterations so that Landlord shall have the right to record and post notices of non-responsibility or any other notices deemed necessary by Landlord on the Premises. Tenant shall not create, and shall within thirty (30) days discharge and satisfy of record, any other lien, encumbrance, charge, security interest, or other right or interest which shall be liable for any work performed or to be performedbecome a lien, encumbrance, charge or security interest upon the Premises, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part portion thereof.

Liens. Tenant TENANT shall not do keep the Premises and the Building free from any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge liens arising out of any agreement (expressed work performed, material furnished, or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection obligations incurred by TENANT. In accordance with the operation applicable provisions of the PremisesFlorida Construction Lien Law and specifically Section 713.10, and Tenant shall not suffer any other matter or thing whereby the estateFlorida Statutes, rights and as may be amended from time to time, no interest of Landlord LANDLORD whether real or personal in the Premises or any part thereof might in the Building or in the underlying land shall be impaired. If Tenant shall fail subject to cause any such lien liens for repairs, improvements and/or alterations made by TENANT or caused to be discharged of recordmade by TENANT hereunder. Further, then LandlordTENANT acknowledges that TENANT, after thirty (30) days notice of its intention with respect to do sorepairs, improvements and/or alterations made by TENANT or caused to be made by TENANT hereunder, shall have promptly notify the rightcontractor performing such work of this provision exculpating LANDLORD from liability for such liens. Notwithstanding the foregoing, but not the obligation, in addition to if any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s lien or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage claim of lien, attachment, judgment, execution, writ, charge or other encumbrance upon the estate of Landlord, or any other interest of Landlord in is filed against the Premises, the Building or the other Improvements this leasehold, or any part alterations, fixtures or improvements therein or thereof, as a result of any work performed by or at the direction of TENANT or any of TENANT’S agents, TENANT shall within thirty (30) business days following TENANT’S receipt of notice from LANDLORD of the imposition of the lien, diligently pursue the cancellation or discharge of all such liens. In the event that (x) the lien causes the contractor to commence a foreclosure action against the Premises, or (y) the lien causes the LANDLORD’S lender to put the LANDLORD in default under any loan documents (x) or (y) being referred to as an “Urgent Lien Matter”), then TENANT shall cause such lien to be released of record by payment or posting of a bond within ten (10) business days of TENANT’S receipt of notice of such Urgent Lien Matter. If TENANT fails to discharge as herein required, TENANT shall be in default under this Lease. In such event, without waiving TENANT’S default, LANDLORD may discharge the same of record by payment, bonding or otherwise and may do so without giving TENANT further notice. Upon LANDLORD’S demand, TENANT will promptly reimburse LANDLORD for all costs and expenses so incurred by LANDLORD. This right to cure shall be in addition to all other available rights and remedies available to LANDLORD.

Liens. Tenant Lessee shall not do any act which shall in any way encumber the title of Landlord in and to the Premisesact, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that contract, which may create or be the foundation for any lien, mortgage lien or other encumbrance upon any interest of Lessor or any ground or underlying lessor in any portion of the estate Premises. If, because of Landlordany act or omission (or alleged act or omission) of Lessee, any Construction Lien Claim or other lien (collectively “Lien”), charge, or order for the payment of money or other encumbrance shall be filed against Lessor and/or any ground or underlying lessor and/or any portion of the Premises (whether or not such Lien, charge, order, or encumbrance is valid or enforceable as such), Lessee shall, at its own cost and expense, cause same to be discharged of record or bonded within fifteen (15) days after the filing thereof; and Lessee shall indemnify and save harmless Lessor and all ground and underlying lessor(s) against and from all costs, liabilities, suits, penalties, claims, and demands, including reasonable counsel fees, resulting therefrom. If Lessee fails to comply with the foregoing provisions, Lessor shall have the option of discharging or bonding any such Lien, charge, order, or encumbrance, and Lessee agrees to reimburse Lessor for all costs, expenses and other sums of money in connection therewith (as additional rental) with interest at the maximum rate permitted by law promptly upon demand. All materialmen, contractors, artisans, mechanics, laborers, and any other interest persons now or hereafter contracting with Lessee or any contractor or subcontractor of Landlord in Lessee for the furnishing of any labor services, materials, supplies, or equipment with respect to any portion of the Premises, at any time from the Building or date hereof until the other Improvements or any part thereofend of the Lease Term, are hereby charged with notice that they look exclusively to Lessee to obtain payment for same.

Liens. Tenant shall not do mortgage or otherwise encumber or allow to be encumbered its interest herein without obtaining the prior written consent of Landlord. Tenant shall not allow any act which liens to be filed against the Premises or the Property, and Tenant shall keep the Premises and the Property free and clear of any mechanic’s and materialman’s liens arising in connection with any way encumber the title of Landlord in and repair or alteration to the PremisesPremises performed by Tenant or its contractors. Should Tenant cause any mortgage, nor shall Tenant create lien or permit other encumbrance (hereinafter singularly or collectively referred to as “Encumbrance”) to be createdfiled, and against the Premises or the Property, Tenant shall promptly dischargedismiss or bond against same within fifteen (15) days after the filing thereof. If Tenant fails to remove said Encumbrance within said fifteen (15) days, any such lien (Landlord shall have the absolute right to remove said Encumbrance by whatever measures Landlord shall deem convenient including, but not limited towithout limitation, payment of such Encumbrance, in which event Tenant shall reimburse Landlord, as Additional Rent, all costs expended by Landlord, including reasonable attorneys fees, in removing said Encumbrance. Tenant shall indemnify, defend and hold harmless Landlord and its agents, employees and contractors from and against any mechanic’sdamages, contractor’s, subcontractor’s losses or material man’s lien or any lien, encumbrance or charge costs arising out of any agreement (expressed such claim and from any liens or implied), chattel mortgage, security agreement, financing statement encumbrances arising from any work performed by Tenant or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation on behalf of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might the Property. Tenant’s indemnification of Landlord contained in this Paragraph shall survive the expiration or earlier termination of this Lease. All of the aforesaid rights of Landlord shall be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right remedies which either Landlord or remedyTenant may have available to them at law or in equity. Notwithstanding anything in this Lease to the contrary, Tenant is not authorized to discharge such lien either by paying the amount claimed to be due act for or by procuring the discharge on behalf of such lien by deposit Landlord as Landlord’s agent or bonding proceedingsotherwise, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed purposes of constructing improvements, additions or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and alterations to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereof.

Liens. Tenant Sublessee shall not do keep the Subleased Premises and all alterations, additions and improvements thereto, free from any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge liens arising out of any agreement (expressed work performed or implied), chattel mortgage, security agreement, financing statement obligations incurred by or otherwise) upon the Premises for Sublessee or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impairedmaterials furnished to Sublessee. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, Sublessor shall have the rightright to post notices of no responsibility with respect to any work performed or obligations incurred by or for Sublessee or materials furnished to Sublessee. If Sublessee fails to keep the Subleased Premises free from any such liens and does not, within ten (10) days following the imposition of any such lien, cause the same to be released of record by payment or posting of a proper bond, Sublessor shall have, in addition to all other remedies provided herein and by law, the right but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying cause the amount claimed same to be due released by such means as it shall deem proper, including payment of or by procuring defense against the discharge of claim giving rise to such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowanceslien. Any amount so All sums paid by Landlord Sublessor and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord it in connection therewith (including, without limitation, reasonable attorneys, fees) shall constitute Additional Rent create automatically an obligation of Sublessee to pay an equivalent amount as additional rent, which additional rent shall be payable by Tenant under this Lease, due from Tenant to Landlord Sublessee on Sublessor’s demand with interest at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) maximum rate per annum from the date of payment thereofpermitted by law until paid. This Lease shall constitute notice that Landlord Such interest charged shall not be liable for constitute Sublessor’s exclusive remedy nor compromise or limit any work performed other rights granted Sublessor by this Sublease or by law or equity. Nothing herein shall imply any consent by Sublessor to subject Sublessor’s estate to liability under any mechanic’s lien law. Sublessee may contest the validity and/or amount of any lien imposed on the Subleased Premises, provided that Sublessee has caused such lien to be performed, released of record by the payment or any materials furnished or to be furnished, at posting of the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofproper bond.

Liens. Tenant Subject to Section 1.9 hereof, the Mortgagor shall pay, from time to time when the same shall become due, all lawful claims and demands of mechanics, materialmen, laborers, and others which, if unpaid, might result in, or permit the creation of a lien on the Mortgaged Premises, or any part thereof, or on the revenues, rents, issues, income and profits arising therefrom, and in general will do or cause to be done everything necessary so that the lien of this Mortgage shall be fully preserved, at the cost of the Mortgagor, without expense to the Mortgagee. The Mortgagor shall not do any act which shall in any way encumber the title of Landlord in and to the Premisesdo, nor shall Tenant create or permit to be createddone, and shall promptly dischargeanything that may in anyway impair the value of the Mortgaged Premises, or weaken, diminish, or impair the security of this Mortgage. No fixtures will be installed on the Mortgaged Premises by the Mortgagor, by any such lien (includingtenant of the Mortgagor, but not limited toor by any other person subject to a lease, any mechanic’s, contractor’s, subcontractor’s or material manvendor’s lien or other lien or claim. Should any lienfixture be installed to the Mortgages Premises from or after the date hereof, encumbrance the lien of this Mortgage shall immediately attach to said fixture and shall be prior and superior to all other liens or charge arising out claims. The Mortgagor will promptly perform and observe, or cause to be performed or observed, all of any agreement (expressed the terms, covenants, and conditions of all Permitted Encumbrances, as set forth in Exhibit B attached hereto, the noncompliance with which may affect the security of this Mortgage, or implied), chattel mortgage, security agreement, financing statement may impose duty or otherwise) obligation upon the Mortgagor or any sublessee or occupant of the Mortgaged Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premisesthereof, and Tenant the Mortgagor shall not suffer any other matter do or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of recorddone all things necessary to preserve in tact and unimpaired all easements, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedingsappurtenances, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor other interests and to pay the amount of judgment rights in favor of or constituting any portion of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Mortgaged Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereof.

Liens. Without limiting Tenant’s right to conduct any Work (including, without limitation, any Alterations) in accordance with (and subject to) the express provisions of this Lease, Tenant shall not do any act which shall in any way encumber the title of Landlord in (and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do to) commit any act or make enter into any contract agreement that may create or be the foundation for any lien, mortgage or other encumbrance upon Landlord’s right, title and interest in and to any Demised Premises or Property, or upon or in the estate Leased Improvements or other buildings or improvements now or hereafter located thereon, it being agreed that if Tenant performs (or causes to be performed) any Work or makes (or causes to be made) any Alterations or repairs with respect to any Demised Premises, or causes any material to be furnished or labor to be performed therein or thereon, then in each case neither Landlord nor such Demised Premises, Property or buildings or improvements shall under any circumstances be liable for the payment of any cost or expense thereof or incurred in connection therewith. Without limiting the requirement for Landlord’s consent thereto to the extent such consent is required under the applicable provisions of this Lease, all such repairs, Alterations and other Work shall be made, and all such materials and labor shall be furnished and performed, at Tenant’s sole cost and expense and Tenant shall be solely and wholly responsible to all applicable contractors, laborers and materialmen furnishing, making and/or performing the same, all of which contractors, laborers and materialmen are hereby charged with notice that they must look solely and wholly to Tenant and Tenant’s interest in the Demised Premises to secure the payment of any bills for any of the foregoing. In addition to all other rights and remedies of Landlord under this Lease, and subject to the provisions of Section 4.2, in the event that any mechanic’s or materialman’s lien shall be filed against all or any portion of any Demised Premises or Tenant’s interest therein or (to the extent the same results from any Tenant’s Acts) any other portion of any Property, then in each case, except to the extent the same results from any act or wrongful failure to act of Landlord or any Landlord Indemnified Party, Tenant shall promptly discharge such lien whether by payment of the indebtedness due, by filing a bond (as provided by statute) or by providing a surety bond, in each case, for one hundred ten percent (110%) of the amount of such lien as security therefor (each such action, a “Bond”). In the event that Tenant shall fail to Bond any such lien, Landlord may, but shall not be obligated to, in addition to all other rights and remedies of Landlord under this Lease, at law or in equity, Bond such lien on Tenant’s behalf and Tenant shall thereafter immediately pay to Landlord, or any other interest of as Additional Rent, all Costs and Expenses incurred by Landlord in connection therewith (together with interest thereon (or on the Premisesportion not theretofore reimbursed, as applicable) at the Building or the other Improvements or any part thereofDefault Rate until paid by Tenant in full).

Liens. In the event a mechanic's lien shall be filed against the Demised Premises or Tenant's interest (herein as a result of the work undertaken by Tenant shall not do to ready the Demised Premises for the opening of Tenant's business or as a result of any act which shall in any way encumber the title repairs or alterations made by Tenant, Tenant shall, within ten (10) days after receiving notice of Landlord in and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied)discharge such lien, chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation either by payment of the Premises, and Tenant shall not suffer any other matter indebtedness due the mechanic's lien claimant or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impairedby filing a bond (as provided by statute) as security therefore. If Tenant shall fail to cause any such lien to be discharged of recordupon demand, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligationthen, in addition to any other right or remedyremedy of Landlord, to Landlord may, but shall not be obligated to, discharge such lien either the same by paying the amount claimed to be due or by bonding or other proceeding deemed appropriate by Landlord and the amount so paid by Landlord and/or all costs and expenses, including reasonable attorney's fees, incurred by Landlord in procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects deemed to compel be additional rent. Nothing in this Lease contained shall be construed as a consent on the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor part of the Landlord to subject Landlord's estate in the Demised Premises to any lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant or liability under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from Lien Law of the date State of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writingFlorida. Tenant shall never, under any circumstances, have no the power to do any act or make any contract that may create or be subject the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the PremisesDemised Premises to any mechanics or materialmen's liens or liens of any kind. In accordance with the applicable provisions of the Florida Lien Law, it is specifically provided that neither Tenant or anyone claiming by, through or under Tenant, including, but not limited to, contractors, subcontractors, materialmen, mechanics, and laborers shall have any right to file or place any mechanics and laborers, mechanics or material men's liens of any kind whatsoever upon the Building Demised Premise nor upon any building or improvements thereof, and any such liens are hereby prohibited. All parties with whom Tenant may deal are put on notice that Tenant has no power to subject Landlord's interest to any claim or lien of any kind or character, and all persons so dealing with Tenant must look solely to the other Improvements credit of Tenant and not to Landlord's interest or any part thereof.assets. Further, Tenant acknowledges that Tenant, with respect to improvements or alterations made by Tenant or caused to be made by Tenant hereunder shall promptly notify the contractor making such improvements to the Demised Premises of this provision exculpating Landlord's liability for such liens,

Liens. Tenant Lessee shall not do any act which shall in any way encumber the title of Landlord in and to the Premisesact, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that contract, which may create or be the foundation for any lien, mortgage lien or other encumbrance upon any interest of Lessor or any ground or underlying lessor in any portion of the estate Premises. If, because of Landlordany act or omission (or alleged act or omission) of Lessee, any Construction Lien Claim or other lien (collectively "LIEN") charge, or order for the payment of money or other encumbrance shall be filed against Lessor and/or any ground or underlying lessor and/or any portion of the Premises (whether or not such Lien, charge, order, or encumbrance is valid or enforceable as such), Lessee shall, at its own cost and expense, cause same to be discharged of record or bonded within fifteen (15) days after the filing thereof; and Lessee shall indemnify and save harmless Lessor and all ground and underlying lessor(s) against and from all costs, liabilities, suits, penalties, claims, and demands, including reasonable counsel fees, resulting therefrom. If Lessee fails to comply with the foregoing provisions, Lessor shall have the option of discharging or bonding any such Lien, charge, order, or encumbrance, and Lessee agrees to reimburse Lessor for all costs, expenses and other sums of money in connection therewith (as additional rental) with interest at the maximum rate permitted by law promptly upon demand. All materialmen, contractors, artisans, mechanics, laborers, and any other interest persons now or hereafter contracting with Lessee or any contractor or subcontractor of Landlord in Lessee for the furnishing of any labor services, materials, supplies, or equipment with respect to any portion of the Premises, at any time from the Building or date hereof until the other Improvements or any part thereofend of the Lease Term, are hereby charged with notice that they look exclusively to Lessee to obtain payment for same.

Liens. No work performed by Tenant pursuant to this Lease shall not do any act which shall in any way encumber be deemed to be for the title immediate use and benefit of Landlord in and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any so that no mechanic’s, contractor’s, subcontractormaterialmen’s or material man’s lien other liens shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve, alter or any lienrepair the Leased Premises. Tenant shall keep the Leased Premises, encumbrance or charge the Bank of America Building and Bellevue Place free and clear of all liens and encumbrances arising out of any agreement (expressed work performed for, materials furnished to and obligations incurred by or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation on behalf of the Premises, Tenant and Tenant shall indemnify and hold Landlord harmless from any liability from any and all costs, liabilities and expenses (including but not suffer limited to attorneys’ fees and Landlord’s reasonable administrative costs and expenses) arising therefrom. Prior to commencing any improvement, alteration or repair work to the Leased Premises, Tenant shall provide to Landlord, at Tenant’s sole cost and expense, separate payment and performance bonds for such work and materials in an amount equal to either (i) the actual contract price if the contract price is fixed, or (ii) one and one-half (1-1/2) times the estimated cost of the improvements, alterations or repairs which Tenant desires to make within the Leased Premises if the contract price is not fixed. Such bonds shall cover the faithful performance of the contract and payment of all obligations arising therefrom and insure Landlord against any and all liability for mechanics’ and materialmen’s liens and other matter similar liens and insure the completion of such work. If any lien is filed against the Bank of America Building, Bellevue Place or thing whereby the estateLeased Premises by any person claiming by, rights through or under Tenant, Tenant shall, at Tenant’s sole cost and interest of Landlord in expense, immediately discharge the Premises or any part thereof might be impairedsame. If Tenant shall fail to cause any such lien to be immediately discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligationthen, in addition to any other right or remedyremedy of Landlord, to Landlord may bond or discharge such lien either the same by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedingsdue, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (Landlord, including any reasonable attorneys’ fees) attorney’s fees incurred by Landlord in connection therewith defending against or responding to such lien or in procuring its discharge of record, shall constitute Additional Rent be due and payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofas additional rent.

Liens. Tenant shall not do any act which shall a. To the extent permitted by applicable state law, Contractor agrees that no mechanic’s liens or other claim or claims in any way encumber the title nature of Landlord in and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s a lien or charge shall be filed or maintained by Contractor or by a lien or claimant claiming through Contractor, against the real estate owned by or leased by or licensed to or otherwise used or occupied by AT&T, or against any lienmoney due to or coming due from AT&T for materials, encumbrance labor, services or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used equipment in connection with the operation of the PremisesService(s), and Tenant that such right to file any such lien, claim or charge is hereby waived expressly. Contractor shall not suffer serve or file any notice or document, or take any other matter action, which would be a prerequisite for filing a lien claim. b. Contractor shall insert the following language in any of its contracts or thing whereby the estatepermitted subcontracts with parties furnishing labor, rights and interest of Landlord materials, services or equipment. c. “Subcontractor agrees that no mechanic’s liens or other claim or claims in the Premises nature of a lien or charge for materials, labor, services or equipment in connection with the Service(s) shall be filed or maintained by Subcontractor or by any part thereof might be impaired. If Tenant shall fail lien or claimant claiming through Subcontractor against real estate owned by or leased by or licensed to cause or otherwise used or occupied by AT&T or against money due to or coming due from AT&T to the general contractor and that any such right to file such lien, claim or charge is expressly waived.” d. If any lien to be discharged of record, then Landlord, after thirty or encumbrance is filed and Contractor does not remove the lien within fifteen (3015) days notice of its intention to do sowritten notification by AT&T, shall AT&T will have the right, but not the obligation, in addition to any other right pay such sums or remedy, take such actions as necessary to discharge such have the lien either by paying the amount claimed to be due removed or by procuring the discharge of such lien by deposit or bonding proceedingsdischarged, and in any such event Landlord Contractor shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor indemnify, defend and to pay the amount of judgment in favor of the lien owner with interestsave AT&T harmless from and against all resulting loss and expense, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees. e. Appendix L (“Contractor’s Receipt of Payment, Release and Waiver of Lien”) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Leasebe i) submitted prior to AT&T Actualizing MS***** (*****), due from Tenant to Landlord at and ii) shall show that if AT&T pays the next rent day after any such paymentFinal Invoice amount, with interest thereon at Prime plus three percent (3%) per annum from then the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or amount remaining to be performedpaid shall equal $0. THE COMPANY HAS REQUESTED AN ORDER FROM THE SECURITIES AND EXCHANGE COMMISSION (THE “COMMISSION”) GRANTING CONFIDENTIAL TREATMENT TO SELECTED PORTIONS. ACCORDINGLY, or any materials furnished or to be furnishedTHE CONFIDENTIAL PORTIONS HAVE BEEN OMITTED FROM THIS EXHIBIT, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writingAND HAVE BEEN FILED SEPARATELY WITH THE COMMISSION. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofOMITTED PORTIONS ARE INDICATED IN THIS EXHIBIT WITH “*****”.

Liens. Tenant shall not do any act which shall in any way encumber will promptly, but no later than sixty (60) days after receipt of actual notice of the title filing thereof, remove and discharge of Landlord in and to the Premisesrecord, nor shall Tenant create by bond or permit to be created, and shall promptly dischargeotherwise, any such lien (includingcharge, lien, security interest or encumbrance upon the Leased Property, or any Basic Rent, or Additional Rent which arises for any reason, including all liens which arise out of the possession, use, occupancy, construction, repair or rebuilding of the Leased Property or by reason of labor or materials furnished or claimed to have been furnished to Tenant for the Leased Property, but not limited toincluding any Permitted Encumbrances. Nothing contained in this Lease shall be construed as constituting the consent or request of Landlord, express or implied, to or for the performance by any mechanic’scontractor, contractor’slaborer, subcontractor’s materialman, or material man’s lien or any lien, encumbrance or charge arising out vendor of any agreement (expressed labor or implied)services or for the furnishing of any materials for any construction, chattel mortgagealteration, security agreementaddition, financing statement repair or otherwise) upon demolition of or to the Premises Leased Property or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice Notice is hereby given that Landlord shall will not be liable for any work performed labor, services or to be performed, or any materials furnished or to be furnishedfurnished to Tenant, at or to anyone holding an interest in the Premises for Tenant upon creditLeased Property or any part thereof through or under Tenant, and that no mechanic’s mechanics’ or other lien liens for any such work labor, services or materials shall attach to or affect the estate or interest of Landlord in and to the PremisesLeased Property. In the event of the failure of Tenant to discharge any charge, unless specifically ordered lien, security interest or encumbrance as aforesaid, Landlord may discharge such items by payment or bond or both, and Tenant will repay to Landlord, upon demand, any and all amounts paid by Landlord therefor, or by reason of any liability on such bond, and also any and all incidental expenses, including reasonable attorneys’ fees, incurred by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofconnection therewith.

Liens. Section 18.1. Tenant shall not do promptly pay all sums of money in respect to any act which shall in any way encumber the title of Landlord in and labor, services, materials, supplies or equipment furnished or alleged to have been furnished to Tenant in, at or about the Premises, nor or furnished to Tenant’s agents, employees, contractors or subcontractors, that may be secured by any mechanic’s, materialmen’s, supplier’s or other liens against the Premises or Landlord’s interest therein. In the event any such or similar liens shall be filed, Tenant create shall, within three (3) days of receipt thereof, give notice to Landlord of such lien, and Tenant shall, within ten (10) days after receiving notice of the filing of the lien, discharge such lien by payment of the amount due to the lien claimant. However, Tenant may in good faith contest such lien provided that within such ten (10) day period Tenant provides Landlord with a surety bond of a company acceptable to Landlord, protecting against said lien in an amount at least one and one-half (1-1/2) times the amount claimed or permit secured as a lien or such greater amount as may be required by applicable law and provided further that Tenant, if it should decide to contest such lien, shall agree to indemnify, defend and save harmless Landlord from and against all costs arising from or out of any proceeding with respect to such lien. Failure of Tenant to discharge the lien, or if contested to provide such bond and indemnification, shall constitute a default under this Lease and in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, discharge or secure the release of any lien by paying the amount claimed to be createddue, and shall promptly dischargethe amount so paid by Landlord, any such lien (and all costs and expenses incurred by Landlord therewith, including, but not limited to, court costs and reasonable attorneys’ fees, shall be due and payable by Tenant to Landlord forthwith on demand. Notwithstanding any mechanic’ssuch contest, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause if any such lien shall be reduced to final judgment and such judgment or such process as may be discharged of recordissued for the enforcement thereof is not promptly stayed or if so stayed and said stay thereafter expires, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Tenant shall forthwith pay and discharge said judgment. Landlord shall be entitled if it so elects have the right to compel the prosecution of an action for foreclosure of such lien by the lienor post and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at maintain on the Premises such notices of non-responsibility as are provided for Tenant upon credit, and that no under the mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest laws of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofCalifornia.

Liens. Tenant (a) No lien for services, labor or materials resulting from Lessee(s)' construction or alteration of Improvements shall not do any act which shall in any way encumber the title of Landlord in and attach to the PremisesCo-op's title to the Homesite, nor shall Tenant create Common Lands or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwiseother property owned by the Co-op. Lessee(s) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause permit any such lien to be filed against such property. If any such lien shall at any time be filed, Lessee(s) shall within sixty (60) days after notice of the filing thereof cause the same to be discharged of recordrecord by payment, then Landlorddeposit, after thirty (30bond, order of a court of competent jurisdiction or as otherwise permitted by law. If Lessee(s) days notice of its intention shall fail to do socause such lien to be discharged within such period, shall have the right, but not the obligationthen, in addition to any other right or remedyremedy of the Co-op, to the Co-op may, but shall not be obligated to, discharge such lien either the same by paying the amount claimed at issue. Lessee(s) in good faith and at their own expense may contest the validity of any such asserted lien, provided Lessee(s) have furnished a bond in an amount set by statute or otherwise sufficient to release the property from such lien. Any amounts paid by the Co-op hereunder in respect of such liens shall be deemed to be due an additional Carrying Charge payable by Lessee(s) upon demand. (b) No lien for services, labor or materials resulting from the Co-op's construction or alteration of improvements to Common Lands shall attach to Lessee(s)' title to Improvements, interest in the Homesite or other property owned by procuring the discharge of Lessee(s). The Co-op shall not suffer or permit any such lien by deposit or bonding proceedings, and in to be filed against such property. If any such event Landlord lien shall at any time be entitled if it so elects filed, the Co-op shall within sixty (60) days after notice of the filing thereof cause the same to compel be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or as otherwise permitted by law. If the prosecution of an action for foreclosure of Co-op shall fail to cause such lien by the lienor and to pay the amount be discharged within such period, then, in addition to any other right or remedy of judgment in favor of the lien owner with interestLessee(s), costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ feesLessee(s) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Leasemay, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord but shall not be liable for obligated to, discharge the same by paying the amount at issue. The Co-op in good faith and at its own expense may contest the validity of any work performed such asserted lien, provided the Co-op has furnished a bond in an amount set by statute or otherwise sufficient to release the property from such lien. Any amounts paid by Lessee(s) hereunder in respect of such liens shall be deemed to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest a reduction of Landlord in and to the Premises, unless specifically ordered Carrying Charges payable by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofLessee(s).

Liens. Tenant shall not do 27.1 In the event Norlight’s IRU Fibers become subject to any act mechanics’, artisans’ or materialmen’s lien, or other encumbrance chargeable to or through US Xchange which shall in any way encumber interfere with the title IRU Fibers or jeopardize Norlight’s use of Landlord in and to the Premisesits IRU Fibers, nor shall Tenant create or permit to be created, and US Xchange shall promptly discharge, any cause such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged and released of recordrecord (by payment, then Landlordposting of bond, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by court deposit or bonding proceedings, other means) without cost to Norlight and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and indemnify Norlight against all costs and expenses (including reasonable attorneys’ attorney’s fees) incurred in discharging and releasing such lien or encumbrance; provided, however, that if any such lien or encumbrance is not so discharged and released within thirty (30) days after written notice by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this LeaseNorlight to US Xchange, due from Tenant to Landlord then Norlight may pay or secure the release or discharge thereof at the next rent day expense of US Xchange. US Xchange shall reimburse Norlight for such payments within thirty (30) days of invoice by Norlight. 27.2 US Xchange agrees and acknowledges that it has no right to use any of Norlight’s IRU Fibers included in US Xchange’s Cable. US Xchange shall obtain from any entity in favor of which US Xchange in its discretion may grant after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereofthis Agreement a security interest or lien on all or part of US Xchange’s Cable, a written nondisturbance and subordination agreement in form and substance reasonably satisfactory to Norlight. This Lease shall constitute notice The nondisturbance and subordination agreement will be written to the effect that Landlord such lienholder acknowledges Norlight’s and other present or future participants’ interest and rights in Norlight’s IRU Fibers and the IRU granted by this Agreement, and agrees that the same shall not be liable for diminished, disturbed, impaired or interfered with in any work performed adverse respect by such lienholder. 27.3 Norlight agrees and acknowledges that it has no right to use any of the fibers, other than Norlight’s IRU Fibers, included in US Xchange’s Cable or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, otherwise incorporated in US Xchange’s system and that no mechanicNorlight shall keep any and all of US Xchange’s system, other than Norlight’s IRU granted in the IRU Fibers, free from any liens, rights or other claims of any third party attributable to Norlight. Notwithstanding the aforementioned, Norlight shall obtain from any entity in favor of which Norlight in its discretion may grant after the date of this Agreement a security interest or lien for on all or part of such work or materials shall attach to or affect the estate or interest of Landlord in and IRU granted by this Agreement, a written nondisturbance agreement substantially to the Premiseseffect that such lienholder acknowledges US Xchange’s and other present or future participants’ interest and rights in US Xchange’s Cable and agrees that the same shall not be diminished, unless specifically ordered disturbed, impaired or interfered with in any adverse respect by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofsuch lienholder.

Liens. Tenant shall pay when due all claims for labor, materials and services furnished by or at the request of ▇▇▇▇▇▇. Tenant shall keep the Premises, the Building and the Property free from all liens, security interests (with the exception of security instruments on equipment leased by Tenant) and encumbrances (including, without limitation, all mechanic's liens and stop notices) created as a result of or arising in connection with any Alterations or any other labor, services or materials provided for or at the request of Tenant or any other act or omission of Tenant or persons claiming through or under Tenant (such liens, security interests and encumbrances singularly and collectively are herein called "Liens"). Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used use materials in connection with the operation of the Premises, and Alterations that are subject to any Liens. Tenant shall not suffer indemnify, protect, defend and hold Landlord harmless from and against: (i) all Liens; (ii) the removal of all Liens and any other matter actions or thing whereby the estateproceedings related thereto; and (iii) all actions, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of recordclaims, then Landlorddamages, after thirty (30) days notice of its intention to do soliabilities, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by with the foregoing. If Tenant under this Lease, due from Tenant fails to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in keep the Premises, the Building or and the Property free from Liens then, in addition to all other Improvements or rights and remedies available to Landlord, Landlord may take any part thereofaction necessary to discharge such Liens, including payment to the claimant on whose behalf the Lien was filed. Any sums expended by Landlord (including, without limitation, administrative costs and attorneys’ fees) in connection with any such action shall be payable by Tenant on demand with interest thereon from the date of expenditure by Landlord at the Interest Rate. Neither ▇▇▇▇▇▇▇▇'s curative action nor the reimbursement of Landlord by Tenant shall cure Tenant's default in failing to keep the Premises, the Building and the Property free from Liens.

Liens. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs and/or reconstruction of or to the Leased Premises, Landlord and Tenant shall hereby agree and confirm that (i) Landlord has not do consented and will not consent to the furnishing of any act which shall labor or materials to the Leased Premises that would or may result in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s mechanics' or material man’s lien 's liens attaching to the Building or any lienLandlord's interest in the Leased Premises, encumbrance or charge arising out (ii) Tenant is not the agent of Landlord for the purposes of any such improvements, additions, alterations, repairs and/or reconstruction, and (iii) except as expressly provided herein, Landlord has retained no control over the manner in which any such improvements, additions, alterations, repairs and/or reconstruction are or is accomplished, and has made no agreement (expressed to make or implied), chattel mortgage, security agreement, financing statement be responsible for any payment to or otherwise) upon for the Premises benefit of any person furnishing labor and/or materials in connection therewith. No such person furnishing labor and/or materials to or for the account of Tenant shall be entitled to claim any part thereof lien against the Building or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Leased Premises and such person(s) shall look solely to Tenant and the leasehold interest of Tenant under this Lease for satisfaction of any such claims. If, because of any act or omission of Tenant or any person claiming by, through or under Tenant, any mechanic's, material-man's or other lien shall be filed and/or asserted against the Leased Premises or any part thereof might be impaired. If Tenant shall fail to cause any the Building or against other property of Landlord (whether or not such lien is valid or enforceable as such), Tenant shall, at its own expense, cause the same to be discharged of record, then Landlord, after record or bonded over within thirty (30) days notice after the date of its intention filing thereof, and shall also indemnify Landlord and hold it harmless from any and all claims, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees, resulting therefrom or by reason thereof. Landlord may, but shall not be obligated to, pay the claim upon which such lien is based so as to do have such lien released of record; and, if Landlord does so, then Tenant shall have the rightpay to Landlord, but not the obligationas additional rent, in addition to any other right or remedyupon demand, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interestsuch claim, costs and allowances. Any amount so paid by Landlord and plus all other costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Leasetherewith, due from Tenant to Landlord at the next rent day after any such payment, with plus interest thereon at Prime plus three percent (3%) per annum from the date of payment thereofDelinquency Interest Rate until paid. This Lease section shall constitute notice that Landlord shall not be liable for any work performed survive the expiration or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest earlier termination of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofthis Lease.

Liens. Tenant shall not do all things necessary to prevent the filing of any act which shall in construction, mechanics’ or other liens or encumbrances against the Building or the Land, or any way encumber the title part thereof, or upon any interest of Landlord in and or any mortgagee of the Land and/or the Building, by reason of work, labor, services, or materials supplied or claimed to have been supplied to Tenant, or anyone holding the Leased Premises, nor shall Tenant create or permit to be createdany part thereof, and shall promptly discharge, through or under Tenant. If any such lien (includingor encumbrance shall at any time be filed against the Leased Premises, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lienportion thereof, encumbrance or charge arising out Tenant shall either cause same to be discharged of record within thirty (30) days after the date of filing of same or, if Tenant in good faith determines that such lien should be contested, Tenant shall furnish such security as Landlord shall determine to be necessary and/or required to prevent any agreement (expressed or implied)foreclosure proceedings against the Leased Premises, chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or portion thereof, during the income therefrom or any personal property used in connection with the operation pendency of the Premisessuch contest, and Tenant shall not suffer any other matter cause the title insurance company or thing whereby companies insuring the estate, rights and interest respective interests in the Leased Premises of Landlord and/or Landlord’s mortgagee(s) in any portion of the Leased Premises or any part thereof might be impairedto remove such lien as a matter affecting title to the Leased Premises. If Tenant shall fail to cause discharge any such lien or encumbrance within such period or fail to be discharged of recordfurnish such security, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligationthen, in addition to any other right or remedyremedy of Landlord resulting from said default of Tenant, to Landlord may, but shall not be obligated to, discharge such lien the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit giving security or bonding proceedingsin such other manner as is, or may be, prescribed by law, and in any such event Landlord shall be entitled if it so elects to compel the prosecution all costs, expenses, and other sums of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred money spent by Landlord in connection therewith shall constitute Additional Rent payable by an Advance. All materialmen, contractors, artisans, mechanics, laborers, and any other persons now or hereafter contracting with Tenant under this Leasefor the furnishing of any labor, due from services, materials, supplies, or equipment with respect to any portion of the Leased Premises, are hereby charged with notice that they must look exclusively to Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of obtain payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writingsame. Tenant shall have no power indemnify and defend Landlord from and against any liability, loss, damage, costs, attorneys’ fees, and any other expense incurred as a result of claims of lien by any person performing work or furnishing materials or supplies for Tenant or any person claiming under Tenant, which indemnity obligation shall survive the expiration or termination of this Lease. Tenant shall give Landlord notice of the intended commencement date at least ten (10) days prior to do the commencement of any act or make any contract that work for which a claim of lien may create or be the foundation for any lien, mortgage or other encumbrance upon the estate filed to enable Landlord to post notices of Landlord, non-responsibility or any other notices which Landlord deems necessary for the proper protection of Landlord’s interest of Landlord in the Premises, Leased Premises and Landlord shall have the Building or right to enter the other Improvements or Leased Premises and post such notices at any part thereofreasonable time.

Liens. Tenant Lessee shall not do keep the Premises and every portion of the Project ----- free from any act which shall and all mechanics', materialmen's and other liens, and claims thereof, arising out of any work performed, materials furnished or obligations incurred by or for Lessee. Lessor may require, at Lessor's sole option, that Lessee provide to Lessor at Lessee's sole cost and expense a lien and completion bond, or its equivalent, in an amount equal to one and one half (1-1/2) times any way encumber the title and all estimated costs of Landlord in and any Alterations to the Premises, nor to insure Lessor against any liability for mechanics' and materialmen's liens and to insure completion of the work. Lessee shall Tenant create indemnify and defend with counsel acceptable to Lessor and hold Lessor harmless from and against any liens, demands, claims, actions, suits, proceedings, orders, losses, costs, damages, liabilities, penalties, expenses, judgments or permit to be createdencumbrances (including without limitation, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge attorneys' fees) arising out of any agreement (expressed work or implied), chattel mortgage, security agreement, financing statement services performed or otherwise) upon materials furnished by or at the Premises direction of Lessee or Lessee's Agents or any part thereof contractor employed by Lessee with respect to the Premises. Lessor shall have the right, at all times, to post and keep posted on the Premises, any notices permitted or required by law, or which Lessor shall deem proper, for the income therefrom protection of Lessor, the Project, and any other party having an interest therein, from mechanics' and materialmen's liens, including without limitation a notice of non-responsibility. Lessee shall give written notice to Lessor fifteen (15) days prior to employing any laborer or any personal property used in connection with the operation of contractor to perform services related to, or receiving materials for use upon the Premises, and Tenant shall not suffer prior to the commencement of any other matter work of improvement on the Premises. Should any claims of lien relating to work performed, materials furnished or thing whereby the estateobligations incurred by Lessee be filed against, rights and interest of Landlord in the Premises or any action be commenced affecting the Premises, any part thereof might be impairedof the Project, and/or Lessee's interest therein, Lessee shall give Lessor notice of such lien or action within three (3) days after Lessee receives notice of the filing of the lien or the commencement of the action. If Tenant shall fail to Lessee does not, within twenty (20) days following the imposition of any such lien, cause any such lien to be discharged released of recordrecord by payment or posting of a proper bond, then LandlordLessor shall have, after thirty (30) days notice of its intention in addition to do soall other remedies provided herein and by law, shall have the right, but not the obligation, in addition to any other right or remedycause the same to be released by such means as it shall deem proper, including by payment of the claim giving rise to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien posting a proper bond, or by deposit requiring Lessee to post for Lessor's benefit a bond, surety, or bonding proceedings, cash amount equal to one and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay one-half (l-1/2) times the amount of judgment in favor of lien and sufficient to release the lien owner with interest, costs Premises and allowancesProject from the lien. Any amount so All sums paid by Landlord Lessor pursuant to this Article 12 and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord it in connection therewith including attorneys' fees and costs shall constitute Additional Rent be payable to Lessor by Tenant under this Lease, due from Tenant to Landlord at the next Lessee as additional rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofon demand.

Liens. Tenant shall not do any act which shall in any way encumber keep the title of Landlord in Premises and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge Property free from all liens arising out of any agreement work performed, materials furnished or obligations incurred by or for Tenant AND TENANT SHALL INDEMNIFY AND HOLD HARMLESS LANDLORD FROM AND AGAINST, AND REIMBURSE LANDLORD FOR AND WITH RESPECT TO, ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, EXPENSES (expressed or impliedINCLUDING REASONABLE ATTORNEYS' FEES), chattel mortgageARISING FROM OR IN CONNECTION WITH ANY SUCH LIENS. In the event that Tenant shall not, security agreementwithin ten (10) days following notification to Tenant of the imposition of any such lien, financing statement or otherwise) upon cause the Premises or any part thereof same to be released of record by payment or the income therefrom or any personal property used posting of a bond in connection with the operation of the Premisesamount, form and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail substance acceptable to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention Landlord shall have, in addition to do soall other remedies provided herein and by law, shall have the right, right but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying cause the amount claimed same to be due released by such means as it shall deem proper, including payment of or by procuring defense against the discharge of claim giving rise to such lien by deposit lien. All amounts paid or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable be paid by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with on demand and shall bear interest thereon at Prime plus three percent (3%) per annum from the date of payment thereofdemand until paid at the rate set forth in Section 15.10 below. This Nothing in this Lease shall constitute notice that Landlord shall not be liable for deemed or construed in any work performed way as constituting the consent or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration or repair of or to the Building or the Premises or any part thereof, 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 filing of any mechanic's or other liens against the interest of Landlord in the Premises, the Building Property or the other Improvements or any part thereofPremises.

Liens. Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the PremisesExcept as permitted under Section 7.2 above or Section 9.1 below, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant Subtenant shall have no power to do any act or make any contract that which may create or be the foundation basis for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Sublandlord or Prime Landlord in the Premises or in the buildings and improvements thereon, and, in the case of any alteration, addition or improvement permitted under Section 7.2 above or Section 9.1 below, Subtenant shall promptly pay when due the entire cost of all work done and shall keep the Premises free of liens for labor or materials related thereto. Subtenant agrees that should Subtenant cause any construction, alterations, rebuildings, restorations, replacements, changes, additions, improvements or repairs to be made on the Premises, or cause any labor to be performed or material to be furnished thereon, therein or thereto, neither Sublandlord nor Prime Landlord nor the Building Premises shall under any circumstances be liable for the payment of any expense incurred or for the value of any work done or material furnished, but all such construction, alterations, rebuildings, restorations, replacements, changes, additions, improvements and repairs, and all such labor and material, shall be made, furnished and performed at Subtenant’ expense, and Subtenant shall be solely and wholly responsible to contractors, laborers and materialmen performing such labor and furnishings such material. If, because of any act or omission (or alleged act or omission) of Subtenant, any mechanic’s, materialmen’s or other Improvements lien, charge or order for the payment of money shall be filed or recorded against the Premises or any part building or improvement thereon, or against Sublandlord or Prime Landlord (whether or not such lien, charge or order is valid or enforceable as such), Subtenant shall, at its own expense, cause the same to be cancelled and discharged of record within thirty (30) days after Subtenant shall have received notice of the filing thereof, or Subtenant may, within said period, record or furnish to Sublandlord and Prime Landlord a bond reasonably satisfactory to Sublandlord and Prime Landlord against said lien, charge or order, in which case Subtenant shall have the right in good faith to contest the validity or amount thereof.

Liens. Tenant Supplier shall not do make prompt and timely payment of any act which shall debts or liabilities incurred by Supplier in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create connection with or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of the Agreement. Supplier will not cause or permit any mechanic’s liens, materialmen’s liens, legal hypothecs, state, provincial, local, or federal statutory bond claims, labour and material payment bond claims or other private bond claims, agreement (expressed claims or implied)other liens or Claims for work, chattel mortgage, security agreement, financing statement labour or otherwise) upon the Premises services ordered directly or indirectly by Supplier or any part thereof of Supplier’s Personnel or Subcontractors pursuant to the Agreement or any Purchase Order, to attach to any property or assets that Rio Tinto or the income therefrom Relevant Companies own, lease, license or otherwise have an interest in. Supplier shall, at its sole cost, obtain the prompt release of any personal such liens or Claims attached to or affixed against Rio Tinto or the Relevant Companies or its or their property used or assets. The final payment owed to Supplier by any Relevant Company under the terms of the Agreement shall be contingent on full release of any such outstanding liens or Claims. Supplier for itself and its Personnel, and for its and their Subcontractors, materialmen and employees and for all other persons performing any labour or furnishing any materials or labour in connection with the operation Agreement or any Purchase Order, hereby waives to the full extent permitted by Applicable Laws all such liens or Claims for or on account of the PremisesServices performed or Products or other materials furnished hereunder, so that improvements or structures wherein the same may be incorporated and Tenant the land to which they are appurtenant shall not suffer at all times be free and clear of all such liens or Claims. At the written request of Rio Tinto and/or the Relevant Companies, Supplier shall provide the Relevant Companies with satisfactory waivers of such liens or Claims by Supplier, its Subcontractors and its/their respective Personnel. Without waiving any other matter remedy available to Rio Tinto or thing whereby the estateRelevant Companies, rights if Supplier fails or refuses to make prompt and interest timely payment of Landlord any debts or liabilities incurred by Supplier in connection with the Premises Agreement or to obtain prompt and timely release of any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of recordliens or Claims under this Section 12.8, then Landlord, after thirty (30) days notice of its intention to do so, Rio Tinto or the Relevant Company shall have the right, but not the obligation, in addition right to any other right pay or remedydischarge such debt or liabilities, to discharge take such steps and incur such costs as required to remove any lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedingsClaim, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay deduct the amount of judgment in favor of the lien owner with interest, such payment and costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed compensation or sum due or to be performed, become due under the Agreement or any materials furnished or Purchase Order to be furnished, at which the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofRelevant Company is a party.

Liens. Tenant Contractor shall not do any act which shall in any way encumber keep the title of Landlord in Facility Site, the Facility and to the PremisesWork free from all liens, nor shall Tenant create charges, claims and judgments, security interests or permit to be created, and shall promptly discharge, any such lien encumbrances (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge “Liens”) arising out of the performance of the Work under this Agreement or pursuant to any agreement Subcontract and shall defend, indemnify and hold harmless Client from and against all costs, charges and expenses, including reasonable attorneys’ fees directly related thereto, that Client may incur resulting from or arising out of such Liens, unless a payment default has occurred and is continuing under this Agreement and then the Contractor may create a Lien only to the extent of Work to which the payment default relates. Contractor’s indemnification obligations with respect to Liens covered by this Section 13.3 are subject to the following conditions that: (expressed a) Client gives Contractor prompt written notice of any such Lien of which it has knowledge, (b) Client cooperates in the defense of any such Lien, and (c) Contractor has sole control of Contractor’s defense and settlement, to the extent of Contractor’s liability, for any such Lien; provided, that Contractor shall promptly confirm in writing its obligation to indemnify Client with respect to all costs and expenses with respect to such Lien or implied)claim. Contractor shall take prompt steps to discharge any such Lien filed against the Facility Site, chattel mortgagethe Facility and the Work or upon any Contractor furnished equipment or structures encompassed therein, security agreement, financing statement or otherwise) upon the Premises or premises upon which they are located by any part thereof or the income therefrom or any personal property used Subcontractor based on a claim for payment in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impairedWork. If Tenant shall fail Contractor fails to cause promptly discharge, bond or otherwise assure the payment of any such lien Lien, Client shall promptly notify Contractor in writing and ten (10) business days after such notice, shall be entitled to be discharged of recordtake any reasonable action to satisfy, then Landlorddefend, after thirty (30) days notice of its intention to do so, settle or otherwise remove such Lien at Contractor’s expense. Client shall have the rightright to deduct any such expenses from any payment due, but not the obligation, in addition to any other right or remedywhich may become due, to discharge such lien either by paying Contractor. Contractor shall have the amount claimed right to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in contest any such event Landlord shall be entitled if Lien provided it so elects first provides to compel the prosecution Client a bond or other assurances of an action for foreclosure of such lien by the lienor and payment reasonably satisfactory to pay Client in the amount of judgment such Lien in favor of the lien owner with interest, costs form and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant substance satisfactory to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofClient.

Liens. Tenant (i) BecoCom shall not do any act which shall in any way encumber the title of Landlord in and to the Premisesat all times (A) promptly pay for all services, nor shall Tenant create or permit to be createdConstruction Materials, and shall promptly dischargelabor used or furnished by BecoCom (except if provided by Carrier pursuant to Section 3(b)(iii) hereof) in the performance of the Work under this Agreement in order to keep the BecoCom Facilities and the New BecoCom Constructed Facilities which are Non-Power Space Facilities, the premises of the Affiliate Right-of-Way Owners and all property or rights belonging to Carrier or Affiliate Right-of-Way Owners, free and clear of any and all Liens and (B) keep the premises of Right-of-Way Owners who are not Affiliates of BecoCom free and clear of any and all Liens arising as a result of any activities of BecoCom. If BecoCom fails to release and discharge any such lien (includingLien against the BecoCom Facilities and premises of Right-of-Way Owners within 30 days after receipt of written notice from Carrier to remove such Lien, but not limited toCarrier may, any mechanic’sat its option, contractor’s, subcontractor’s discharge or material man’s lien release the Lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection otherwise deal with the operation of the PremisesLien claimant, and Tenant BecoCom shall not suffer pay Carrier any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (incurred by Carrier, including reasonable attorneys’ ' fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnishedalternatively Carrier may, at its choosing, deduct such costs and fees from amounts due to BecoCom hereunder. (ii) Carrier acknowledges that the Premises for Tenant upon credit, primary source of revenue of BecoCom is the payments that Carrier is or becomes obligated to pay BecoCom pursuant to this Agreement and that no mechanic’s or the other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writingBasic Agreements. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the PremisesTherefore, the Building or obligations of BecoCom under the provisions of this Section 3(g) may be enforced by Carrier only so long as Carrier is in material compliance with its obligations to pay BecoCom pursuant to this Agreement and the other Improvements or any part thereofBasic Agreements.

Liens. Tenant Borrower shall not do any act which shall in any way encumber the title of Landlord in and to the Premises, (nor shall Tenant create it allow Mortgage Borrower to) create, incur, assume or permit to be createdexist any Lien on any direct or indirect interest in Borrower or any portion of any Collateral, except for the Permitted Encumbrances. After prior notice to Agent, Borrower, at its own expense, may, and may cause Mortgage Borrower to, contest by appropriate legal proceeding, conducted in good faith and with due diligence, the amount or validity of any Liens, provided that (i) no Event of Default has occurred and remains uncured; (ii) such proceeding shall be permitted under and be conducted in accordance with all applicable statutes, laws and ordinances; (iii) neither the applicable Property nor Collateral nor any part thereof or interest therein will be in imminent danger of being sold, forfeited, terminated, canceled or lost; (iv) Borrower or Mortgage Borrower shall promptly discharge, upon final determination thereof pay the amount of any such lien Liens, together with all costs, interest and penalties which may be payable in connection therewith; (includingv) to insure the payment of such Liens, but Borrower shall deliver to Agent either (A) cash, or other security as may be reasonably acceptable to Agent, in an amount not limited toto exceed one hundred ten percent (110%) of the contested amount or (B) a payment and performance bond in an amount equal to one hundred percent (100%) of the contested amount from a surety acceptable to Agent in its reasonable discretion (provided that if Mortgage Lender is requiring such cash or security pursuant to Section 4.3(v) of the Mortgage Loan Agreement, Agent shall not have the right to require any mechanic’s, contractor’s, subcontractor’s further cash or material man’s lien or any lien, encumbrance or charge arising out security so long as the provisions of any agreement (expressed or impliedSection 4.3 of the Mortgage Loan Agreement are complied with), chattel mortgage(vi) failure to pay such Liens will not subject Agent to any civil or criminal liability, (vii) such contest shall not affect the ownership, use or occupancy of the applicable Property or Collateral, and (viii) Borrower shall, upon request by Agent, give Agent prompt notice of the status of such proceedings and/or confirmation of the continuing satisfaction of the conditions set forth in clauses (i) through (vii) of this Section 4.3. Agent may pay over any such cash or other security agreementheld by Agent to the claimant entitled thereto at any time when, financing statement in the reasonable judgment of Agent, the entitlement of such claimant is established or otherwise) upon the Premises applicable Property (or any part thereof or the income therefrom interest therein) shall be in imminent danger of being sold, forfeited, terminated, cancelled or lost or there shall be any personal property used in connection with the operation imminent danger of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor Lien of the lien owner with interest, costs and allowances. Any amount so paid Mortgage secured by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred such Property and/or the Lien of the Collateral relating to such Property being primed by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofrelated Lien.

Liens. Tenant shall not do keep the Premises and the Project free from any act which shall in any way encumber the title of Landlord in and to the Premisesmechanics' liens, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien vendors liens or any lien, encumbrance or charge other liens arising out of any agreement (expressed work performed, materials furnished or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premisesobligations incurred by Tenant, and Tenant shall not suffer any other matter or thing whereby the estateagrees to defend, rights indemnify and interest of hold Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause harmless from and against any such lien to be discharged or claim or action thereon, together with costs of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, suit and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) ' fees and costs incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after with any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereofclaim or action. This Lease shall constitute notice that Landlord shall not be liable for Before commencing any work performed of alteration, addition or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and improvement to the Premises, unless specifically ordered Tenant shall give Landlord at least ten (10) business days' written notice of the proposed commencement of such work (to afford Landlord an opportunity to post appropriate notices of non-responsibility). In the event that there shall be recorded against the Premises or the Project or the property of which the Premises is a part any claim or lien arising out of any such work performed, materials furnished or obligations incurred by Tenant and such claim or lien shall not be removed by bond or otherwise or discharged within ten (10) days of filing, upon notice to Tenant and the expiration of a fifteen (15) day cure period, Landlord shall have the right but not the obligation to pay and discharge said lien without regard to whether such lien shall be lawful or correct (in which case Tenant shall reimburse Landlord for any such payment made by Landlord in writingwithin ten (10) days following written demand). Upon completion of the work, Tenant shall deliver to Landlord final lien waivers from all contractors and suppliers. Landlord may post at the Premises such notices of non-responsibility as may be provided for under applicable Law. Tenant shall have no power to do any act or make any contract that may create or be the foundation provide Landlord with as-built plans and specifications for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofall Alterations done by Tenant.

Liens. Tenant shall not do 27.1 In the event the IRU Fibers become subject to any act mechanics’, artisans’ or materialmen’s lien, or other encumbrance chargeable to or through Owner which shall in any way encumber interfere with the title IRU Fibers or jeopardize IRU Grantee’s use of Landlord in and to the Premisesits Fibers, nor shall Tenant create or permit to be created, and Owner shall promptly discharge, any cause such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged and released of recordrecord (by payment, then Landlordposting of bond, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by court deposit or bonding proceedings, other means) without cost to IRU Grantee and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and indemnify IRU Grantee against all costs and expenses (including reasonable attorneys’ attorney’s fees) incurred in discharging and releasing such lien or encumbrance; provided, however, that if any such lien or encumbrance is not so discharged and released within thirty (30) days after written notice by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this LeaseIRU Grantee to Owner, due from Tenant to Landlord then IRU Grantee may pay or secure the release or discharge thereof at the next rent day expense of Owner. Owner shall reimburse IRU Grantee for such payments within thirty (30) days of invoice by IRU Grantee. 27.2 Owner agrees and acknowledges that it has no right to use any of the IRU Fibers included in the Owner’s Cable. Owner shall obtain from any entity in favor of which Owner in its discretion may grant after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereofthis Agreement a security interest or lien on all or part of Owner’s Cable, a written nondisturbance and subordination agreement in form and substance reasonably satisfactory to IRU Grantee. This Lease shall constitute notice The nondisturbance and subordination agreement will be written to the effect that Landlord such lienholder acknowledges IRU Grantee’s and other present or future participants’ interest and rights in the IRU Fibers and the IRU granted by this Agreement, and agrees that the same shall not be liable for diminished, disturbed, impaired or interfered with in any work performed adverse respect by such lienholder. 27.3 IRU Grantee agrees and acknowledges that it has no right to use any of the fibers, other than the IRU Fibers, included in the Owner’s Cable or to be performed, or any materials furnished or to be furnished, at otherwise incorporated in the Premises for Tenant upon credit, Owner’s system and that no mechanicIRU Grantee shall keep any and all of the Owner’s system, other than the IRU granted in the IRU Fibers, free from any liens, rights or other claims of any third party attributable to IRU Grantee. Notwithstanding the aforementioned, IRU Grantee shall obtain from any entity in favor of which IRU Grantee in its discretion may grant after the date of this Agreement a security interest or lien for on all or part of such work or materials shall attach to or affect the estate or interest of Landlord in and IRU granted by this Agreement, a written nondisturbance agreement substantially to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act effect that such lienholder acknowledges Owner’s and other present or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other future participants’ interest of Landlord and rights in the PremisesOwner’s Cable and agrees that the same shall not be diminished, the Building disturbed, impaired or the other Improvements or interfered with in any part thereofadverse respect by such lienholder.

Liens. Tenant shall not do any act which shall in any way A. The Lessee covenants and agrees with the Lessor that the Lessor may encumber the its title of Landlord in and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel Premises with a mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation irrespective of the Premisesexistence of this Lease. Lessee shall have no power or authority to mortgage or otherwise encumber its interest in this Lease. B. The Lessee shall never, and Tenant shall not suffer under any other matter circumstances, have the power to subject the present or thing whereby residual interests of the estate, rights and interest of Landlord Lessor in the Premises or any part thereof might be impairedimprovements thereof, to any mechanic or materialman's lien or other liens of any kind. If Tenant shall fail All persons who may hereafter during the life of this Lease furnish work, labor, services or materials to cause the Premises, by or through the Lessee, must look wholly to the interests of the Lessee, and not to that of the Lessor. C. Lessee consents to the assignment of the Lease from Lessor to any Lender or Mortgagee ("the lender"). During the time of any such lien assignment to the Lender, the parties agree that the Lease shall not be discharged modified or amended without the prior written consent of record, then Landlord, after thirty (30) days the Lender. Lessor will provide notice of its intention any such assignment to do soLessee including the assignee's name and address. In the event of a default by Lessor under the Lease, Lessee agrees to give the Lender prompt written notice of such default at the same time such notice is given to Lessor. The notice and cure periods shall be the same as afforded Lessor under the Lease and shall run successive to those periods afforded Lessor. ▇. ▇▇▇▇▇▇ shall have the rightright to transfer, but not assign, mortgage or convey in whole or in part the obligationPremises, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedingsland upon which it is situated, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant of its rights under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereofand nothing herein shall be construed as a restriction upon Lessor's so doing. This Lease shall constitute notice that Landlord shall not be liable for and all rights of the Lessor hereunder are subject and subordinate to any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest deeds of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lientrust, mortgage or other encumbrance upon instruments of security which do now or may hereafter cover the estate of Landlord, Building and the land or any other interest of Landlord Lessor therein, and to any and all advances made on the security thereof, and to any and all increases, renewals, modifications, consolidations, replacements and extensions of any such deeds of trust, mortgages or instruments of security. This provision is hereby declared to be self- operative and no further instrument shall be required to effect such subordination of this Lease. Lessor will insure that each such instrument to which this is to be subordinate provides that Lessee's possession shall not be disturbed so long as Lessee is not in the Premisesdefault hereunder, the Building or the other Improvements or not withstanding any part thereofdefault by Lessor under such instrument. Lessee shall execute any necessary instruments in this regard.

Liens. Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and The interest of Landlord in the Premises shall not be subject in any way to any liens including construction liens, for improvements to or other work performed with respect to the Premises by or on behalf of Tenant. The Tenant shall have no power or authority to create any lien or permit any lien to attach to the present estate, reversion, or other estate of Landlord in the Premises or in the Property and all mechanics, materialmen, contractors, artisans, and other parties contracting with Tenant or its representatives or privies with respect to the Premises or any part of the Premises are hereby charged with notice that they must look to the Tenant to secure payment of any ▇▇▇▇ for work done or material furnished or for any other purpose during the term of this Lease. Without limiting the generality of the foregoing, Tenant agrees to obtain and deliver to Landlord written and unconditional waivers of construction liens upon the Premises and the Property, for all work or materials to be furnished to the Premises at the request or direction of Tenant signed by all architects, engineers, designers, contractors, subcontractors, materialmen, and laborers who become involved in such work. Notwithstanding the foregoing, Tenant, at its expense, shall cause any lien filed against the Premises or the Property, for work or materials claimed to have been furnished to Tenant, to be discharged of record or properly transferred to a bond pursuant to Section 713.24, Florida Statutes (1991), within ten (10) days after notice thereof might be impairedto Tenant. If Tenant shall fail to cause any so discharge such lien or transfer it to be discharged of recorda bond as required above, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligationthen, in addition to any other right or remedyremedy of Landlord, Landlord may but shall not be obligated to discharge such lien either by paying or transfer the amount claimed same to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowancesa bond. Any amount so paid by Landlord and all costs and expenses (for any of the aforesaid purposes, including reasonable attorneys’ feesattorneys fees (and to the extent permitted by law) incurred shall be paid by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at on demand as Additional Base Rental. Landlord shall have the next rent day after right to post and keep posted on the Premises any notices that may be provided by law or which Landlord may deem to be proper for the protection of Landlord, the Premises and the Building from such payment, with liens. Tenant shall notify every contractor making improvements to the Premises that the interest thereon at Prime plus three percent (3%) per annum from of the date of payment thereof. This Lease shall constitute notice that Landlord in the Premises shall not be liable subject to liens for any improvements to the Premises or for other work performed or with respect to be performed, or any materials furnished or to be furnished, at the Premises for by or on behalf of Tenant. Upon request from Landlord, Tenant upon creditshall execute, acknowledge and deliver without charge a memorandum of lease or notice in recordable form containing a confirmation that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, Premises and Property shall not be subject to liens for improvements to the Building Premises or for other work performed with respect to the other Improvements Premises by or any part thereofon behalf of Tenant.

Liens. (a) Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create agrees that it will pay or permit cause to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s paid all costs for work done by it or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon caused to be done by it on the Premises of a character which will or any part thereof or the income therefrom or any personal property used may result in connection with the operation of the Premisesliens on Landlord's reversionary estate therein, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in keep the Premises free and clear of all mechanics' liens and other liens on account of work done for Tenant or persons claiming under it. If any part thereof might such lien shall at any time be impairedfiled against the Premises, Tenant shall either cause the same to be discharged within thirty (30) days after the recording thereof, or, if Tenant, in Tenant's discretion and in good faith, determines that such lien should be contested, shall furnish such security as may be necessary or required to prevent any foreclosure proceedings against the Premises during the pendency of such contest. If Tenant shall fail to cause any furnish such lien to be discharged of recordsecurity, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligationthen, in addition to any other right or remedyremedy of Landlord resulting from Tenant's said default, to Landlord may, but shall not be obligated to, discharge such lien the same either by paying the amount claimed to be due or by due, procuring the discharge of such lien by deposit giving security, or bonding proceedingsin such other manner as is, and in any such event Landlord or may be, prescribed by law. Tenant shall be entitled if it so elects repay to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interestLandlord, costs and allowances. Any amount so paid as Rent, on demand, all sums disbursed or deposited by Landlord pursuant to the provisions of this Section 5.7, including all costs, expenses and all costs and expenses (including reasonable attorneys’ fees) ' fees incurred by Landlord in connection therewith therewith. Nothing contained herein shall constitute Additional Rent payable by Tenant imply any consent or agreement on the part of Landlord to subject Landlord's estate to liability under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s mechanics' lien or other lien for such work law. (b) Should any claims of lien be filed against the Premises or materials shall attach to or affect any action affecting the estate or interest of Landlord in and title to the PremisesPremises be commenced, unless specifically ordered by the party receiving notice of such lien or action shall forthwith give the other party written notice thereof. Landlord in writing. Tenant or its representative shall have no power the right to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance post and keep posted upon the estate Premises notices of nonresponsibility or such other notices which Landlord may deem to be proper for the protection of Landlord, or any other 's interest of Landlord in the Premises. Tenant shall, before the Building or commencement of any work which might result in any such lien, give to Landlord advance written notice of its intention to do so in reasonably sufficient time to enable the other Improvements or any part thereofposting of such notices.

Liens. Tenant shall not do have no authority or power, express or implied, to create or cause to be created any act which mechanic’s, materialmen’s or other lien, charge or encumbrance of any kind against the Property. Should any mechanic’s, materialmen’s or other lien, charge or encumbrance of any kind be filed against the Property by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be cancelled or discharged of record by bond or otherwise within sixty (60) days after notice to Tenant by Landlord, or within thirty (30) days after notice to Tenant by Landlord if at the time of such notice Landlord anticipates a sale or refinancing of the Property closed within sixty (60) days after said notice (and if Landlord includes that fact in any way encumber Landlord’s notice to Tenant). If Tenant shall fail to cancel, bond or discharge said lien or liens within the title of time provided pursuant to this Section, Landlord may, at its sole option, cancel or discharge the same, and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in and canceling or discharging such liens. Except to the extent that such costs, losses, or liabilities are caused by Landlord’s actions, Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or cause of action arising out of or relating to any alterations, additions, or improvements made by Tenant to the Leased Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractorconstruction or materialmen’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used liens asserted in connection with the operation of the Premises, therewith. Landlord and Tenant shall not suffer any other matter or thing whereby the estate, rights expressly agree and acknowledge that no interest of Landlord in the Leased Premises or any part thereof might the Property be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition subject to any other right lien for improvements made by Tenant in or remedy, to discharge such lien either by paying for the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedingsLeased Premises, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performedlien for any improvements made by Tenant, or any materials furnished or to be furnishedsuch liability being expressly prohibited by the terms of this Lease. In accordance with applicable laws of the State of Florida, at Landlord may file in the Premises for Tenant upon creditpublic records of the County in which the Building is located, a public notice containing a true and correct copy of this paragraph, and that no mechanic’s Tenant hereby agrees to inform all contractors and materialmen performing work in or other lien for such work or supplying materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord Leased Premises of the existence of the prohibition contained in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofthis paragraph.

Liens. Tenant Sublessee shall not do keep the Subleased Premises free from any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge liens ----- arising out of any agreement (expressed work performed or implied), chattel mortgage, security agreement, financing statement obligations incurred by or otherwise) upon the Premises for Sublessee or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impairedmaterials furnished to Sublessee. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, Sublessor shall have the rightright to post notices of nonresponsibility with respect to any work performed or obligations incurred by or for Sublessee or materials furnished to Sublessee. If Sublessee fails to keep the Subleased Premises free from any such liens and does not, within ten (10) days following the imposition of any such lien, cause the same to be released of record by payment or posting of a proper bond, Sublessor shall have, in addition to all other remedies provided herein and by law, the right but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying cause the amount claimed same to be due released by such means as it shall deem proper, including payment of or by procuring defense against the discharge of claim giving rise to such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowanceslien. Any amount so All sums paid by Landlord Sublessor and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord it in connection therewith (including, without limitation, reasonable attorneys, fees) shall constitute create automatically an obligation of Sublessee to pay an equivalent amount as Additional Rent, which Additional Rent shall be payable by Tenant under this Lease, due from Tenant to Landlord Sublessee on Sublessor's demand with interest at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) maximum rate per annum from the date of payment thereofpermitted by law until paid. This Lease shall constitute notice that Landlord Such interest charged shall not be liable for constitute Sublessor's exclusive remedy nor compromise or limit any work performed other rights granted Sublessor by this Sublease or by law or equity. Nothing herein shall imply any consent by Sublessor to subject Sublessor's estate to liability under any mechanic's lien law. Sublessee may contest the validity and/or amount of any lien imposed on the Subleased Premises, provided that Sublessee has caused such lien to be performed, released of record by the payment or any materials furnished or to be furnished, at posting of the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofproper bond.

Liens. Tenant (a) Borrower shall not do create, incur, assume or suffer to exist any act which shall in Lien on any way encumber portion of the title of Landlord in and to the Premises, nor shall Tenant create Collateral or permit any such action to be createdtaken, except for Permitted Encumbrances. Borrower shall not, and shall promptly dischargenot permit Mortgage Borrower or CPLV Tenant to, enter into any PACE Loan without the prior written consent of Administrative Agent. (b) Borrower shall obtain Administrative Agent’s consent for any Lien for which Mortgage Borrower is required to obtain Mortgage Lender’s consent under any Mortgage Loan Document. Borrower shall not permit or cause Mortgage Borrower to create, incur, assume or suffer to exist any Lien on any portion of the Property or the Collateral or permit any such lien action to be taken, except for Permitted Encumbrances. After prior written notice to Administrative Agent (includingexcept no notice shall be required in the event the amounts subject to contest at any time shall not exceed $1,000,000, but not limited toindividually or in the aggregate), any mechanic’sBorrower, contractor’sat Borrower’s own expense, subcontractormay cause Mortgage Borrower to (or may cause Mortgage Borrower to permit CPLV Tenant, at CPLV Tenant’s cost and expense), contest by appropriate legal proceeding, promptly initiated and conducted in good faith and with due diligence, the amount or material man’s lien validity or any lien, encumbrance application in whole or charge arising out in part of any agreement Lien, provided that any contest by CPLV Tenant shall be conducted in accordance with the CPLV Lease; provided, further, that, with respect to any contest by Borrower or Mortgage Borrower: (expressed i) no Event of Default has occurred and remains uncured; (ii) such proceeding shall be permitted under and be conducted in accordance with the provisions of any other instrument to which Borrower or implied)Mortgage Borrower is subject and shall not constitute a default thereunder and such proceeding shall be conducted in accordance with all applicable statutes, chattel mortgage, security agreement, financing statement or otherwiselaws and ordinances; (iii) upon neither the Premises or Property nor any part thereof or the income therefrom interest therein will be in danger of being sold, forfeited, terminated, cancelled or any personal property used in connection with the operation of the Premises, and Tenant lost; (iv) Borrower shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part cause Mortgage Borrower to promptly upon final determination thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of any such Lien, together with all costs, interest and penalties which may be payable in connection therewith; (v) such proceeding shall suspend the collection of such contested Lien from the Property; and (vi) Borrower or Mortgage Borrower shall furnish such security as may be required in the proceeding, or in the event the amount of such Lien shall reasonably be expected to exceed $1,000,000, as may be reasonably requested by Administrative Agent, to insure the payment of any such Lien, together with all interest and penalties thereon; provided, no such security shall be required to the extent Mortgage Borrower is required to and does provide such security for the same to Mortgage Lender in accordance with the Mortgage Loan Documents. Administrative Agent may pay over any such cash deposit or part thereof held by Administrative Agent to the claimant entitled thereto at any time when, in the judgment of Administrative Agent, the entitlement of such claimant is established or the Property (or part thereof or interest therein) shall be in favor danger of being sold, forfeited, terminated, cancelled or lost or there shall be any danger of the lien owner with interest, costs and allowances. Any amount so paid Lien of the Mortgage being primed by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofrelated Lien.

Liens. Tenant shall not do keep the Premises and the Project free from any act which shall in any way encumber the title of Landlord in and to the Premisesmechanics' liens, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien vendors liens or any lien, encumbrance or charge other liens arising out of any agreement (expressed work performed, materials furnished or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premisesobligations incurred by Tenant, and Tenant shall not suffer any other matter or thing whereby the estateagrees to defend, rights indemnify and interest of hold Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause harmless from and against any such lien to be discharged or claim or action thereon, together with costs of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, suit and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) ' fees and costs incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after with any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereofclaim or action. This Lease shall constitute notice that Landlord shall not be liable for Before commencing any work performed of alteration, addition or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and improvement to the Premises, unless specifically ordered Tenant shall give Landlord at least ten (10) business days' written notice of the proposed commencement of such work (to afford Landlord an opportunity to post appropriate notices of non-responsibility). In the event that there shall be recorded against the Premises or the Project or the property of which the Premises is a part any claim or lien arising out of any such work performed, materials furnished or obligations incurred by Tenant and such claim or lien shall not be removed or discharged within ten (10) days of filing, Landlord shall have the right but not the obligation to pay and discharge said lien without regard to whether such lien shall be lawful or correct (in which event Tenant shall reimburse Landlord for any such payment made by Landlord within three (3) business days following written demand therefor), or to require that Tenant promptly deposit with Landlord in writing. Tenant cash, lawful money of the United States, one hundred fifty percent (150%) of the amount of such claim, which sum may be retained by Landlord until such claim shall have no power been removed of record or until judgment shall have been rendered on such claim and such judgment shall have become final, at which time Landlord shall have the right to do apply such deposit in discharge of the judgment on said claim and any act or make any contract that may create or be the foundation for any liencosts, mortgage or other encumbrance upon the estate of including attorneys' fees and costs incurred by Landlord, or any other interest of Landlord in and shall remit the Premises, the Building or the other Improvements or any part thereofbalance thereof to Tenant.

Liens. Tenant shall not do permit any act which shall in mechanic’s, materialmen’s or other liens to be filed against all or any way encumber part of the title of Landlord in and to Project, the Site, the Building or the Premises, nor shall Tenant create against Tenant’s leasehold interest in the Premises, by reason of or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premisesany repairs, and alterations, improvements or other work contracted for or undertaken by Tenant shall not suffer or any other matter act or thing whereby the estateomission of Tenant or Tenant’s agents, rights employees, contractors, licensees or invitees. Tenant shall, at Landlord’s request, following final completion of any such repairs, alterations, or improvements provide Landlord with unconditional and interest of Landlord final lien releases in the form required by applicable Law from all persons furnishing labor and/or materials with respect to the Premises or with a cost in excess of $50,000. Landlord shall have the right at all reasonable times to post on the Premises and record any part thereof might be impairednotices of non-responsibility which it deems necessary for protection from such liens. If any such liens are filed, Tenant shall fail to shall, at its sole cost, cause any such lien to be discharged released of record, then record or bonded to Landlord, after ’s reasonable satisfaction within thirty (30) days from notice to Tenant of such filing. If Tenant fails to cause such lien to be so released or bonded within thirty (30) days after such notice, Landlord may, without waiving its rights and remedies based on such breach, and without releasing Tenant from any of its intention to do soobligations, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge cause such lien either by paying the amount claimed to be due or released by procuring the discharge of such lien by deposit or bonding proceedingsany means it shall deem proper, and including payment in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor satisfaction of the lien owner with interestclaim giving rise to such lien. Tenant shall pay to Landlord, costs and allowances. Any amount so within thirty (30) days after receipt of invoice from Landlord, any sum paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Leaseto remove such liens, due from Tenant to Landlord together with interest at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum Interest Rate from the date of such payment thereofby Landlord. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performedNOTICE IS HEREBY GIVEN THAT LANDLORD SHALL NOT BE LIABLE FOR ANY LABOR, or any materials furnished or to be furnishedSERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO TENANT, at the Premises for Tenant upon creditOR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the PremisesAND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofSERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES.

Liens. Tenant shall not do any act which shall in any way mortgage or otherwise encumber or allow to be encumbered its interest herein without obtaining the title prior written consent of Landlord in and to the Premises, Landlord; nor shall Tenant create permit any mechanic’s or permit other lien to be createdfiled against the Property or any interests therein of Landlord. In the event Tenant authorizes, contracts or otherwise undertakes to perform or provide any construction, alterations, installations or other work or materials to the Premises for which a mechanic’s lien or other lien can be filed, Tenant shall deliver to Landlord enforceable, unconditional and shall promptly dischargefinal lien releases or waivers for all such work and materials within five (5) days after Landlord’s request, but in all events before the earliest date any such lien (includingcan be filed. Should Tenant cause or permit any mortgage, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lienother encumbrance (singularly or collectively, encumbrance or charge arising out of any agreement (expressed or implied)“Encumbrance”) to be filed, chattel mortgage, security agreement, financing statement or otherwise) upon against the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the PremisesProperty, and Tenant shall not suffer any other matter dismiss or thing whereby bond against the estate, rights and interest of Landlord in same within twenty (20) days after the Premises or any part thereof might be impairedfiling thereof. If Tenant fails to remove or bond against said Encumbrance within said twenty (20) days, Tenant shall fail be in Default; and in addition to cause any such lien to be discharged of recordall other rights and remedies afforded Landlord under this Lease, then Landlord, after thirty (30) days notice of its intention to do so, Landlord shall have the rightabsolute right to remove said Encumbrance by whatever measures Landlord shall deem convenient including, but not the obligationwithout limitation, payment of such Encumbrance, in addition to any other right or remedywhich event Tenant shall reimburse Landlord, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedingsas Additional Rent, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (expended by Landlord, including reasonable attorneys’ fees) incurred by , to remove said Encumbrance. All of the aforesaid rights of Landlord shall be in connection therewith shall constitute Additional Rent payable by addition to any remedies which either Landlord or Tenant under this Lease, due from may have available to them at law or in equity. Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice hereby acknowledges and agrees that Landlord shall not be liable for any work performed labor, services or to be performed, or any materials furnished or to be furnishedfurnished to Tenant, at or to anyone in possession of the Premises for Tenant upon credit, through or under Tenant; and that no mechanic’s mechanics’ or other lien liens for any such work labor, services or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereof.

Liens. Without limiting Tenant’s right to conduct any Work (including, without limitation, any TO Separation Work and/or other Alterations) in accordance with (and subject to) the express provisions of this Lease, Tenant shall not do any act which shall in any way encumber the title of Landlord in (and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do to) commit any act or make enter into any contract agreement that may create or be the foundation for any lien, mortgage or other encumbrance upon Landlord’s right, title and interest in and to any Demised Premises or Property, or upon or in the estate Leased Improvements or other buildings or improvements now or hereafter located thereon, it being agreed that if Tenant performs (or causes to be performed) any Work or makes (or causes to be made) any Alterations or repairs with respect to any Demised Premises, or causes any material to be furnished or labor to be performed therein or thereon, then in each case neither Landlord nor such Demised Premises, Property or buildings or improvements shall under any circumstances be liable for the payment of any cost or expense thereof or incurred in connection therewith. Without limiting the requirement for Landlord’s consent thereto to the extent such consent is required under the applicable provisions of this Lease, all such repairs, Alterations and other Work shall be made, and all such materials and labor shall be furnished and performed, at Tenant’s sole cost and expense and Tenant shall be solely and wholly responsible to all applicable contractors, laborers and materialmen furnishing, making and/or performing the same, all of which contractors, laborers and materialmen are hereby charged with notice that they must look solely and wholly to Tenant and Tenant’s interest in the Demised Premises to secure the payment of any bills for any of the foregoing. In addition to all other rights and remedies of Landlord under this Lease, and subject to the provisions of Section 4.2, in the event that any mechanic’s or materialman’s lien shall be filed against all or any portion of any Demised Premises or Tenant’s interest therein or (to the extent the same results from any Tenant’s Acts) any other portion of any Property or any Common Areas or any Shopping Center with respect thereto, then in each case, except to the extent the same results from any act or wrongful failure to act of Landlord or any Landlord Indemnified Party, Tenant shall promptly discharge such lien, whether by payment of the indebtedness due, by filing a bond (as provided by statute) or by providing a surety bond, in each case, for one hundred ten percent (110%) of the amount of such lien as security therefor (each such action, a “Bond”). In the event that Tenant shall fail to Bond any such lien, Landlord may, but shall not be obligated to, in addition to all other rights and remedies of Landlord under this Lease, at law or in equity, Bond such lien on Tenant’s behalf and Tenant shall thereafter immediately pay to Landlord, or any other interest of as Additional Rent, all Costs and Expenses incurred by Landlord in connection therewith (together with interest thereon (or on the Premisesportion not theretofore reimbursed, as applicable) at the Building or the other Improvements or any part thereofDefault Rate until paid by Tenant in full).

Liens. Tenant shall not do any act which shall promptly pay all charges for work, materials, supplies and services performed or supplied in any way encumber respect of the title of Landlord in and to the Premises, nor shall Tenant create Premises by or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out on behalf of any agreement (expressed Tenant Party. All work performed, materials furnished, or implied), chattel mortgage, security agreement, financing statement obligations incurred by or otherwise) upon at the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation request of the Premisesa Tenant Party shall be deemed authorized and ordered by Tenant only, and Tenant shall not suffer permit any other matter liens or thing whereby claims for liens to be filed against the estatePremises or the Project in connection therewith. If such a lien is filed, rights and then Tenant shall, within ten business days after Landlord has delivered notice of the filing thereof to Tenant (or such earlier time period as may be necessary to prevent the forfeiture of the Premises, the Project or any interest of Landlord in therein or the Premises imposition of a civil or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of recordcriminal fine with respect thereto), then Landlord, after thirty either (301) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment the lien into court and cause the lien to be released of record, or (2) diligently contest such lien and deliver to Landlord a bond or other security reasonably satisfactory to Landlord. If Tenant fails to timely take either such action, then Landlord may pay the lien claim (either to the claimant or into court), and any amounts so paid, including expenses and interest, shall be paid by Tenant to Landlord within ten business days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other similar relationships) and that Tenant is not authorized to act as Landlord’s common law agent or construction agent in favor connection with any work performed in the Premises. Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the lien owner Premises, at any time from the date hereof until the end of the Term, are hereby charged with interest, costs and allowancesnotice that they look exclusively to Tenant to obtain payment for same. Any amount so paid Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, the Project or Landlord’s interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any portion of the cost of such work. Tenant shall defend, indemnify and hold harmless Landlord and its agents and representatives from and against all costs claims, demands, causes of action, suits, judgments, damages and expenses (including reasonable actual, out-of-pocket attorneys’ fees) incurred in any way arising from or relating to the failure by Landlord in connection therewith shall constitute Additional Rent payable by any Tenant under this Lease, due from Tenant Party to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable pay for any work performed or to be performed, or any materials furnished or to be furnished, or obligations incurred by or at the Premises for request of a Tenant upon credit, and that no mechanic’s Party. This indemnity provision shall survive termination or other lien for such work or materials shall attach to or affect the estate or interest expiration of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofthis Lease.

Liens. Tenant shall not do have no authority, express or implied, to create or place any act which shall lien or encumbrance of any kind or nature whatsoever upon, or in any way encumber manner to bind, the title interest of Landlord or Tenant in the Premises or to charge the Rent payable hereunder for any claim in favor of any person dealing with ▇▇▇▇▇▇, including, without limitation, those who may furnish materials or perform labor for any construction or repairs. Tenant shall pay or cause to be paid all sums legally due and to payable by it on account of any labor performed or materials furnished in connection with any work performed by ▇▇▇▇▇▇ on the Premises. Tenant shall discharge of record by payment, nor bonding or otherwise any lien filed against the Premises on account of any labor performed or materials furnished in connection with any work performed by ▇▇▇▇▇▇ on the Premises immediately upon the filing of any claim of lien. Tenant shall Tenant create indemnify, defend and hold Landlord harmless from any and all liability, loss, cost or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s expense based on or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed asserted claims or implied)liens against the leasehold estate or against the right, chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights title and interest of Landlord in the Premises Project or any part thereof might be impairedthis Lease arising from the act or agreement of Tenant. If Tenant shall fail ▇▇▇▇▇▇ agrees to cause any such lien to be discharged of record, then Landlord, after thirty (30) days give Landlord immediate written notice of its intention to do so, the placing of any lien or encumbrance against the Premises. Landlord shall have the right, but not at ▇▇▇▇▇▇▇▇’s option, of paying and discharging the obligation, in addition same or any portion thereof without inquiry as to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedingsvalidity thereof, and in any such event Landlord amounts so paid, including expenses and applicable late charge, shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent immediately due and payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date upon rendition of payment thereofa bill therefor. This Lease shall constitute notice ▇▇▇▇▇▇ agrees and acknowledges that Landlord shall not be liable for before commencing of any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to on the Premises, unless specifically ordered by Landlord Tenant must comply with all of the provisions of NRS 108.2403 and 108.2407 (and related statutes) which require, among other things, that Tenant (a) record a notice of posted security with the county recorder, and (b) Either: (1) Establish a construction disbursement account and: (I) Fund the account in writing. Tenant shall have an amount equal to the total cost of the work of improvement, but in no power event less than the total amount of the prime contract (II) Obtain the services of a construction control to do any act administer the construction disbursement account; and (III) Notify each person who gives the lessee a notice of right to lien of the establishment of the construction disbursement account; or make any (2) Record a surety bond for the prime contract that may create or be meets the foundation for any lien, mortgage or other encumbrance upon requirements of applicable subsection of NRS 108.2415 and notify each person who gives the estate lessee a notice of Landlord, or any other interest right to lien of Landlord in the Premises, recording of the Building or surety bond as required by the other Improvements or any part thereofapplicable statutes.

Liens. (A) Tenant shall not do permit any act which shall in employee lien or mechanic’s, materialmen’s or similar lien or charge for labor or materials furnished to or for the benefit of Tenant or its subtenants (a “Lien”) to attach to any way encumber portion of the title of Landlord in and to the Leased Premises, nor shall the Facilities, or any other part of the Land or the Airport, and Tenant create herein agrees that if any such Lien is filed, Tenant shall: (i) notify the Authority of the pendency of such Lien, and (ii) indemnify, protect, defend and save harmless the Landlord Indemnified Parties from and against any loss, Liability or permit to be createdexpense whatsoever by reason thereof, and shall promptly dischargeproceed with and defend, at Tenant’s expense, such action or proceedings as may be necessary to remove any such lien Lien from the records. (includingB) Tenant may, but not limited tohowever, in good faith and with due diligence, contest any mechanic’ssuch Lien. Tenant may permit any such Lien to remain undischarged and unsatisfied during the period of such contest and appeal therefrom, contractor’sif and only if (i) Tenant effectively prevents or stays the execution, subcontractor’s foreclosure or material man’s lien enforcement of the Lien, or (ii) the contest or appeal prevents or stays the execution or enforcement or foreclosure of the Lien. If any such Lien is so stayed and that stay thereafter expires or the Authority gives Tenant written notice that by nonpayment of any items the Leased Premises, the Facilities, the Land, the Airport, or any lienportion thereof will be subject to loss or forfeiture, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and then Tenant shall not suffer forthwith pay and cause to be satisfied and discharged any other matter such Lien or thing whereby secure payment by posting a bond, in form satisfactory to the estateAuthority. At the expense of Tenant, rights and interest of Landlord the Authority shall cooperate fully with Tenant in the Premises or any part thereof might be impaired. contest. (C) If Tenant shall fail to cause contest, discharge or pay any such lien Lien as required by subsections (A) and (B) hereof, the Authority may contest, discharge or pay any such Lien which the Authority may determine to be discharged of record, then Landlord, after thirty (30) days notice of necessary in order to protect its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Leased Premises, the Building Facilities, the Land and/or the Airport. In such event, Tenant agrees to reimburse the Authority for any and all expenses and costs incurred by the Authority in respect thereto. Tenant’s obligations under this Section 716 shall survive the expiration or the other Improvements or any part thereofsooner termination of this Lease.

Liens. Tenant shall will not do any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create suffer or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractorlaborer’s or material manmaterialman’s lien to be filed against the Land, Building, or any lienPremises, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof thereof, by reason of work, labor services or the income therefrom materials supplied or claimed to have been supplied to Tenant; and if any personal property used in connection with the operation such lien shall at any time be filed, Tenant, within ten (10) days after notice of the Premisesfiling thereof, and Tenant shall not suffer cause it to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or as otherwise provided by Law. This obligation shall survive any other matter or thing whereby termination of the estate, rights and interest of Landlord in the Premises or any part thereof might be impairedLease. If Tenant shall fail to cause any such lien to be discharged of recordwithin the period aforesaid, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to Owner may, but shall not be obligated to, discharge such lien it either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding or other proceedings, Owner may at any time require the Tenant to post a bond with an entity satisfactory to Owner in an amount one and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay one-half (1.5) times the amount of judgment the lien. If Tenant shall not immediately make such payment upon the request of Owner, Owner may make said payment in favor the amount so paid together with interest thereon from the date of the lien owner with interest, payment and all legal costs and allowancescharges, including attorney fees incurred by Owner in connection with said payment, shall be deemed Additional Rent and shall be payable on the next date on which a Base Rental installment is due. Any amount so paid by Landlord and Owner, plus Tenant shall pay all of Owner’s costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Leaseassociated therewith, due from Tenant to Landlord at the next rent day after any such paymentOwner on demand, with interest thereon at Prime plus three percent (3%) per annum the Reimbursement Interest Rate from the due date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofuntil paid.

Liens. Tenant shall not do any act which shall in any way encumber the title will pay all costs of Landlord in and to the Premises, nor shall Tenant create construction done by it or permit caused to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon done by it on the Premises as permitted by this Lease. Tenant will keep the Project free and clear of all construction, mechanic's, materialman's, laborer's and supplier's liens, resulting from construction done by or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and for Tenant. The interest of Landlord in the Premises and the Project shall not be subject to liens for improvements made by Tenant. Any lien filed by any contractor, materialman, laborer or supplier performing work for Tenant shall attach only to Tenant's interest in the Premises. Tenant agrees to indemnify, defend (by counsel reasonably acceptable to Landlord) and hold harmless Landlord from and against any and all costs and liabilities and any and all mechanic's, materialman's or laborer's liens arising out of or pertaining to any improvements or construction done by Tenant. All persons and entities contracting or otherwise dealing with Tenant relative to the Premises or the Project are hereby placed on notice of the provisions of this paragraph, and Tenant shall further notify in writing such persons or entities of the provisions of this paragraph prior to commencement of any Tenant work in the Premises. If any construction, mechanic's, materialman's or laborer's lien is ever claimed, fixed or asserted against the Premises or any part thereof might be impairedother portion of the Project in connection with any such Tenant work, Tenant shall, within thirty (30) days after receipt by Tenant of notice of such lien, discharge same as a lien either by payment or by posting of any bond as permitted by law. If Tenant shall fail to cause discharge any such lien to be discharged lien, whether valid or not, within ten (10) days after receipt of record, then notice from Landlord, after thirty (30) days notice of its intention to do so, Landlord shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge on behalf of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord Tenant and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith associated with the discharge of the lien, including without limitation, attorneys' fees, shall constitute Additional Rent additional rent hereunder and shall be immediately due and payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereofTenant. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnishedLandlord, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach its option may record a Notice of Lease pursuant to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofF.S 718.01.

Liens. Tenant Subject to the exceptions hereinafter stated in Section 5.1, MBPI officially warrants and represents to MPM, that during the Term, neither MBPI nor the Authority shall not do any act which shall in any way encumber whatsoever, either directly or indirectly, to cause any person or entity to become an encumbrancer or lienholder of any Facility asset other than the title Lender(s) (for the avoidance of Landlord doubt, including any secured party under the Bank Loan Documents), or to allow any person or entity to obtain any interest in this Agreement without the prior written consent of MPM, and, where applicable, consent from the United States. MPM specifically warrants and represents to MBPI, that during the PremisesTerm, nor MPM shall Tenant create not act in any way, directly or permit indirectly, to be createdcause any person or entity to become an encumbrancer or lienholder of any Facility asset other than the secured parties under the Bank Loan Documents, or to obtain any interest in this Agreement without prior consent of MBPI and, where applicable, the United States. MBPI and MPM shall promptly dischargekeep the Facility free and clear of all enforceable mechanics’ and other enforceable liens resulting from the construction of the Facility and all other enforceable liens which may attach to any Facility asset, which shall at all times remain the property of the United States in trust for MBPI. If any such lien (includingis claimed or filed, but not limited to, any mechanic’s, contractor’s, subcontractor’s it shall be the duty of MBPI to discharge or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon take the Premises or any part thereof legal action to contest the claim or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after within thirty (30) days after having been given written notice of its intention such claim either by payment to do sothe claimant or by the posting of a bond and the payment into the court of the amount necessary to relieve and discharge or discharge the Facility asset from such claim, shall have the right, but not the obligation, or in addition to any other right manner which will result in the discharge or remedystay of such claim, and MPM is authorized to act on behalf of MBPI to discharge such lien either by paying the amount claimed any liens if MBPI fails to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an take appropriate action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses towards that goal within that thirty (including reasonable attorneys’ fees30) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofperiod.

Liens. Tenant shall not do keep the Premises free from any act which shall in liens ----- arising from any way encumber work performed, materials furnished, or obligations incurred by or at the title request of Landlord in and to the PremisesTenant or any sublessee, nor shall licensee, or concessionaire of Tenant create or permit to be createdarising from any breach by Tenant of its obligations under this Lease, and shall promptly dischargeany liens with respect to any taxes Tenant is obligated to pay under this Lease or Legal Requirements. If any lien is filed against any Hotel or Tenant's leasehold interest therein, or if any such lien (including, but not limited to, is filed against any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising Hotel which arises out of any purported act or agreement (expressed or implied)of Tenant, chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof sublessee, licensee, or the income therefrom or any personal property used in connection with the operation concessionaire of the PremisesTenant, and Tenant shall not suffer any other matter or thing whereby discharge the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after same within thirty (30) days notice after Tenant receives Notice of its intention filing by payment, filing of the bond required by law, or endorsement over by a title company reasonably satisfactory to do soLandlord (it being understood that any title company with a national presence and a sound financial condition and reputation shall be acceptable to Landlord). If Tenant fails to discharge such lien within such period, shall have the right, but not the obligationthen, in addition to any other right or remedyremedy of Landlord, to Landlord may, at its election, discharge such the lien either by paying the amount claimed to be due due, by obtaining the discharge by deposit with a court or a title company, or by procuring bonding. Tenant shall pay on demand, as Additional Rent, any amount paid by Landlord for the discharge or satisfaction of any such lien, together with interest thereon from the date of such expenditure until paid at the Lease Interest Rate, and all reasonable attorneys' fees and other costs and expenses of Landlord incurred in defending any such action or in obtaining the discharge of such lien lien, together with all necessary disbursements in connection therewith. Nothing contained in this Lease shall be construed as constituting the consent or request of Landlord, express or implied, to or for the performance by deposit any contractor, laborer, materialman, or bonding proceedingsvendor of any labor or services or for the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to any of the Hotels or any part thereof, or as making Tenant the agent of Landlord with respect to any such matter, and no such agency relationship shall exist unless Tenant and Landlord so agree in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowanceswriting. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice Notice is hereby given that Landlord shall will not be liable for any work performed labor, services or to be performed, or any materials furnished or to be furnishedfurnished to Tenant, at or to anyone holding an interest in the Premises for Tenant upon creditor any part thereof through or under Tenant, and that no mechanic’s 's, materialmen's or other lien liens for any such work labor, services or materials shall attach to or affect the estate or interest of Landlord in and to the Premises; and appropriate notice to this effect will be included in the Lease Memorandum and all construction contracts entered into by Tenant, unless specifically ordered by Landlord in writing. and Tenant shall have no power take all steps reasonably necessary under the laws of the jurisdiction(s) in which the relevant portion of the Premises is located to do any act or make any contract that may create or be the foundation for any lienprotect Landlord against such liability (including, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premisesif required, the Building or the other Improvements or any part thereofposting of notices of nonresponsibility on Landlord's behalf).

Liens. Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. The Tenant shall have no power to do any act or make any contract that which may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, the Landlord or of any other interest of the Landlord in the Premisesdemised premises, or upon or in the Building building or buildings or improvements thereon or hereafter erected or placed hereon, it being agreed that should the other Improvements Tenant cause any improvements, alterations or repairs to be made to the demised premises, or material furnished or labor performed therein, or thereon, neither the Landlord nor the demised premises nor any improvements shall under any circumstances be liable for the payment of any expenses incurred or for the value of any work done or material furnished to the demised premises or any part thereof; but all such improvements, alterations, repairs, materials and labor shall be done at the Tenant's expense and the Tenant shall be solely and wholly responsible to contractors, laborers and materialmen, furnishing labor and material to said premises and building or buildings and improvements or any part thereof and all such laborers, materialmen and contractors are hereby charged with notice that they must look solely and wholly to the Tenant and the Tenant's interest in the premises, to secure the payment of any bills for work done and materials furnished. In the event a mechanic's lien shall be filed against the demised premises or Tenant's interest therein as the result of the work undertaken by Tenant to ready the demised premises for the opening of Tenant's business or as a result of any repairs or alterations made by Tenant, Tenant shall, within ten (10) days after receiving notice of such lien, discharge such lien either by payment of the indebtedness due the mechanic's lien claimant or by filing a bond (as provided by statute) as security therefor. In the event Tenant shall fail to discharge such lien, Landlord shall, among its remedies, have the right to procure such discharge by filing such bond and Tenant shall pay the cost of such bond to Landlord as additional rent upon the first day that rent shall be due thereafter.

Liens. Tenant a. It is expressly covenanted and agreed by and between the parties hereto that nothing in this Lease contained shall not authorize Lessee to do any act which shall in any way encumber the title of Landlord Lessor in and to the said Demised Premises, nor shall Tenant create the interest or permit estate of Lessor in said Demised Premises be in any way subject to be createdany claim by way of lien or encumbrance, whether by operation of law or by virtue of any express or implied contract by Lessee, and any claim to or lien upon said Premises arising from any act or omission of Lessee shall promptly dischargein all respects be subject and subordinate to the paramount title and rights of Lessor in and to said Premises and any improvements thereon. Notwithstanding the foregoing, Lessee may mortgage its leasehold interest, providing the mortgage is at all times subordinate to the interest of the Lessor. Lessee will not knowingly permit the Demised Premises to become subject to any mechanics’, laborers’ or materialmen’s lien on account of labor or material furnished to the Lessee or claimed to have been furnished to the Lessee in connection with work of any character performed or claimed to have been performed on the Demised Premises by or at the direction or sufferance of the Lessee, provided, however, that Lessee shall have the right to contest in good faith and with reasonable diligence the validity of any such lien (includingor claimed lien if Lessee shall give to the Lessor such reasonable security as may be demanded by the Lessor to insure payment thereof and to prevent any sale, but not limited to, any mechanic’s, contractor’s, subcontractor’s foreclosure or material man’s forfeiture of the Demised Premises by reason of nonpayment thereof. On final determination of the lien or any claim for lien, encumbrance or charge arising out of the Lessee will promptly (within ten (10) days) pay any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon judgment rendered with all proper costs and charges and will at its own expense have the Premises or lien released and any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant judgment satisfied. b. In case Lessee shall fail to cause contest the validity of any lien or claimed lien and give security to Lessor to insure payment thereof, or having commenced to contest the same, and having given such lien security, shall fail to be discharged of recordprosecute such contest with diligence, or shall fail to have the same released and satisfy any judgment rendered thereon, then LandlordLessor may, after thirty at its election (30) days notice of its intention but shall not be required to do so), shall have the right, but not the obligation, in addition to any other right remove or remedy, to discharge such lien either or claim for lien (with the right in its discretion to settle or compromise the same) and any amounts advanced by paying the amount claimed to be due or by procuring the discharge of Lessor for such lien by deposit or bonding proceedings, and in any such event Landlord purposes shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, much additional rental due from Tenant Lessee to Landlord Lessor at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereof.

Liens. Tenant shall not do any act which shall in any way encumber at all times keep the title of Landlord in Premises and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge Project free from liens arising out of any agreement (expressed or implied)related to work or services performed, chattel mortgagematerials or supplies furnished or obligations incurred by or on behalf of Tenant or in connection with work made, security agreement, financing statement suffered or otherwise) upon done by or on behalf of Tenant in or on the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impairedProject. If Tenant shall fail to cause not, within twenty (20) days following the imposition of any such lien lien, cause the same to be discharged released of recordrecord by payment or posting of a proper bond, then LandlordLandlord shall have, after thirty (30) days notice of its intention in addition to do soall other remedies provided herein and by law, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying cause the amount claimed same to be due or released by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event means as Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor reasonably deem proper, including payment of the lien owner with interest, costs and allowancesclaim giving rise to such lien. Any amount so All sums paid by Landlord on behalf of Tenant and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith therefor shall constitute Additional Rent be payable to Landlord by Tenant under this Lease, due from Tenant to Landlord on demand with interest at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereofApplicable Interest Rate as Additional Rent. This Lease shall constitute notice that Landlord shall not be liable for have the right at all times to post and keep posted on the Premises any work performed notices permitted or to be performedrequired by law, or any materials furnished or to be furnishedwhich Landlord shall deem proper, at for the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate protection of Landlord, or any other interest of Landlord in the Premises, the Building Project and any other party having an interest therein, from mechanics’ and materialmen’s liens, and Tenant shall give Landlord not less than ten (10) Business Days prior written notice of the commencement of any work in the Premises or Project which could lawfully give rise to a claim for mechanics’ or materialmen’s liens to permit Landlord to post and record a timely notice of non-responsibility, as Landlord may elect to proceed or as the other Improvements law may from time to time provide, for which purpose, if Landlord shall so determine, Landlord may enter the Premises. Tenant shall not remove any such notice posted by Landlord without Landlord’s consent, and in any event not before completion of the work which could lawfully give rise to a claim for mechanics’ or any part thereofmaterialmen’s liens.

Liens. Tenant Master Lessee shall not do have no authority, express or implied, to create or place a leasehold mortgage or any act which shall other lien or encumbrance of any kind or nature whatsoever upon, or in any way encumber manner to bind, the title interest of Landlord Master Lessor in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Master Lessee, including those who may furnish materials or perform labor for any construction or repairs, and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to the Premises, nor shall Tenant create Master Lessee by this Lease. Master Lessee covenants and agrees that it will pay or permit cause to be createdpaid all sums legally due and payable by it on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that it will save and hold Master Lessor harmless from any and all loss, cost or expense based on or arising out of asserted claims or liens against the leasehold estate or against the right, title and shall promptly discharge, any such lien (including, but interest of Master Lessor in the Premises or under the terms of this Lease. Master Lessee will not limited to, permit any mechanic’s, contractor’s, subcontractor’s or material man’s lien or liens or any lien, encumbrance other liens which may be imposed by law affecting Master Lessor’s or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon its mortgagee’s interest in the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of to be placed upon the Premises, and Tenant in case of the filing of any such lien Master Lessee will promptly pay or bond over same. If any such lien shall not suffer remain in force and effect for 20 days after written notice thereof, Master Lessor shall have the right and privilege at Master Lessor’s option of paying and discharging the same or any other matter portion thereof without inquiry as to the validity thereof, and any amounts so paid, including expenses and interest, shall be so much additional indebtedness hereunder due from Master Lessee to Master Lessor and shall be repaid to Master Lessor immediately on rendition of a ▇▇▇▇ thereof. Notwithstanding the foregoing, Master Lessee shall have the right to contest any such lien in good faith and with all due diligence so long as any such contest, or thing whereby action taken in connection therewith, protects the estate, rights and interest of Landlord Master Lessor and Master Lessor’s mortgagee in the Premises and Master Lessor and any such mortgagee are, by the expiration of said 20 day period, furnished such protection and indemnification against any loss, cost or any part thereof might be impaired. If Tenant shall fail expense related to cause any such lien and the contest thereof as are reasonably satisfactory to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, Master Lessor and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interestmortgagee. Except as otherwise provided herein, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this LeaseMaster Lessor hereby waives any contractual, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s statutory or other Master Lessor’s lien for such work or materials shall attach to or affect the estate or interest of Landlord in on Master Lessee’s furniture, fixtures, supplies, equipment, inventory and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or Master Lessee’s other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofproperty.

Liens. During the Term, Tenant will promptly, but no later than forty-five (45) days after the date Tenant first has knowledge of the filing thereof, or such shorter period as shall not do any act which shall in any way encumber prevent the title forfeiture of Landlord in and to the Premises, nor shall Tenant create remove and discharge of record, by bond or permit to be created, and shall promptly dischargeotherwise, any such lien charge, lien, security interest or encumbrance upon any of the Premises, Base Rent and Additional Rent which charge, lien, security interest or encumbrance arises for any reason (other than a result of Landlord’s act), including, but not limited to, all liens that arise out of the possession, use, occupancy, construction, repair or rebuilding of the Premises or by reason of labor or materials furnished, or claimed to have been furnished, to Tenant for the Premises, but not including any mechanic’s, contractor’s, subcontractor’s or material man’s lien encumbrances expressly permitted under this Lease or any lienmechanics liens created by Landlord. Nothing contained in this Lease shall be construed as constituting the consent or request of Landlord, encumbrance express or charge arising out implied, by inference or otherwise, to or for the performance of any agreement (expressed contractor, laborer, materialman, or implied)vendor of any labor or services or for the furnishing of any materials for any construction, chattel mortgagealteration, security agreementaddition, financing statement repair or otherwise) upon demolition of or to the Premises or any part thereof thereof. Notice is hereby given that, during the Term, Landlord will not be liable for any labor, services or the income therefrom materials furnished or any personal property used in connection with the operation of the Premisesto be furnished to Tenant, and Tenant shall not suffer any other matter or thing whereby the estate, rights and to anyone holding an interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right through or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon creditTenant, and that no mechanic’s mechanics or other lien liens for any such work labor, services or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered such labor, services or materials were placed in the Premises pursuant to a written agreement entered into by Landlord. In the event of the failure of Tenant to discharge any charge, lien, security interest or encumbrances as aforesaid, Landlord may, if not discharged by Tenant within ten (10) business days after written notice to Tenant, discharge such items by payment or bond or both, and Section 23.4 hereof shall apply. Provided Tenant is diligently contesting any such lien or encumbrance in writing. accordance with applicable law, in lieu of a bond Tenant shall have no power the option to do any act deposit cash (or make any contract that may create an irrevocable, standby letter of credit in form reasonably acceptable to Landlord) with Landlord in an amount sufficient to fully discharge such lien or be the foundation for any lien, mortgage or other encumbrance upon the estate of (as reasonably determined by Landlord, the “Lien Deposit”), which Lien Deposit may be used by Landlord to discharge, settle or otherwise satisfy the applicable lien or encumbrance at any time after the commencement of foreclosure proceedings or before forfeiture of the Premises or any other interest of Landlord in the Premises, the Building or the other Improvements or any part portion thereof.

Liens. Tenant Lessee shall not do any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant directly or indirectly create or permit to be createdcreated or to remain, and shall promptly discharge, any such lien (includingmortgage, but not limited tolien, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any liensecurity interest, encumbrance or charge arising out on, pledge of any or conditional sale or other retention agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon with respect to the Demised Premises or any part thereof or the income therefrom thereof, Lessee’s interest therein, or any personal property used Fixed Rent or other Rent payable under this Lease, other than: liens for Impositions not yet payable, or payable without the addition of any fine, penalty, interest or cost for nonpayment, or being contested as permitted in Article 11 hereof; and the liens of mechanics, materialmen, suppliers or vendors, or right thereto, incurred in the ordinary course of business for sums which under the terms of the related contract are not at the time due, provided that adequate provision for the payment thereof shall have been made and provisions of the following paragraph are complied with. If, in connection with any work being performed by or for Lessee or any subtenant or in connection with any materials being furnished to Lessee or any subtenant, any mechanic’s lien or other lien or charge shall be filed or made against the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Demised Premises or any part thereof might be impaired. If Tenant shall fail to cause thereof, or if any such lien or charge shall be filed or made against Lessor, then Lessee, at Lessee’s expense, within thirty days after such lien or charge shall have been filed or made, shall cause the same to be canceled and discharged of recordrecord by payment thereof or filing a bond or otherwise. Lessee promptly and diligently shall defend any suit, then Landlordaction or proceeding which may be brought for the enforcement of such lien or charge; shall satisfy and discharge any judgment entered therein within thirty days from the entering of such judgment by payment thereof or filing a bond or otherwise; and on demand shall pay all damages, after thirty (30) days notice costs and expenses, including reasonable attorneys’ fees, suffered or incurred by Lessor in connection therewith. Nothing contained in this Lease shall constitute any consent or request by Lessor, express or implied, for the performance of its intention any labor or services or the furnishing of any materials or other property in respect of the Demised Premises or any part thereof, nor as giving Lessee any right, power or authority to do so, contract for or permit the performance of any labor or services or the furnishing of any materials or other property in any fashion that would permit the filing or making of any lien or claim against Lessor or the Demised Premises. Lessor shall have the right, but not the obligation, in addition from time to any other right or remedytime, to discharge place upon the Demised Premises in a conspicuous place such lien either by paying the amount claimed sign or other notice as Lessor may deem necessary so as to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects give notice to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor others of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at provisions of the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofpreceding sentence.

Liens. Landlord shall deliver the Demised Premises to Tenant shall not do free ----- of all mechanic's and materialmen's liens or bond over all such mechanic's and materialmen's liens. Tenant has no authority, express or implied, to create or place any act which shall lien or encumbrance of any kind or nature whatsoever upon, or in any way encumber manner to bind the title interest of Landlord or Tenant in and to the Demised Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, charge the rentals payable hereunder for any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out claim in favor of any agreement (expressed person dealing with Tenant, including those who furnish materials or implied), chattel mortgage, security agreement, financing statement perform labor for any construction or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premisesrepairs, and Tenant covenants and agrees that it shall not suffer mortgage, encumber or pledge this Lease or any interest therein. The preceding sentence shall not be construed as prohibiting Tenant from making Alterations as provided in Paragraph 8 above or from permitting any other matter mechanics or thing whereby materialmen's lienable work to be performed as long as such work is not prohibited by this Lease. Tenant agrees to indemnify and hold Landlord harmless from any lien filed against the estateDemised Premises on account of work performed by or on behalf of Tenant and from any and all losses, rights costs, damages, expenses, liabilities, suits, penalties, claims and interest damages (including reasonable attorney fees) arising from or relating to such lien. After Tenant's receipt of notice or actual knowledge of the placing of any lien or encumbrance against the Demised Premises, Tenant shall immediately give Landlord in the Premises written notice thereof. Tenant shall within ten (10) days therefrom remove such lien by payment or any part thereof might be impairedbond. If Tenant shall fail to cause any discharge such mechanic's lien to be discharged of recordwithin such period, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligationthen, in addition to any other right or remedyremedy of Landlord, to Landlord may, but shall not be obligated to, discharge such lien either the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Demised Premises by deposit in the court having jurisdiction of such lien, a cash sum sufficient to secure the discharge of the same, or bonding proceedingsby the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in any such event Landlord shall other manner as is now or may in the future be entitled if it so elects to compel provided by present or future law for the prosecution of an action for foreclosure discharge of such lien by as a lien against the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowancesDemised Premises. Any amount so paid by Landlord and Landlord, or the value of any deposit so made by Landlord, together with all costs costs, fees and expenses in connection therewith (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease' fees of Landlord), due from Tenant to Landlord at the next rent day after any such payment, together with interest thereon at Prime plus three percent (3%) per annum from the date of rate set forth in Paragraph 33 hereof, shall be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. All materialmen, contractors, artisans, mechanics, laborers and any other person now or hereafter furnishing any labor, services, materials, supplies or equipment to Tenant with respect to the Demised Premises, or any portion thereof, are hereby charged with notice that they must look exclusively to Tenant to obtain payment thereoffor the same. This Lease shall constitute notice Notice is hereby given that Landlord shall not be liable for any work performed labor, services, materials, supplies, skill, machinery, fixtures or to be performed, or any materials equipment furnished or to be furnished, at the Premises for furnished to Tenant upon credit, and that no mechanic’s 's lien or other lien for any such work labor, services, materials, supplies, machinery, fixtures or materials equipment shall attach to or affect the estate or interest of Landlord in and to the Demised Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part portion thereof.

Liens. Tenant shall pay when due all claims for labor, materials and services furnished by or at the request of Tenant. Tenant shall keep the Premises, the Building and the Property free from all liens, security interests (with the exception of security instruments on equipment leased by Tenant) and encumbrances (including, without limitation, all mechanic’s liens and stop notices) created as a result of or arising in connection with any Alterations or any other labor, services or materials provided for or at the request of Tenant or any other act or omission of Tenant or persons claiming through or under Tenant (such liens, security interests and encumbrances singularly and collectively are herein called “Liens”). Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used use materials in connection with the operation of the Premises, and Alterations that are subject to any Liens. Tenant shall not suffer indemnify, protect, defend and hold Landlord harmless from and against: (i) all Liens; (ii) the removal of all Liens and any other matter actions or thing whereby the estateproceedings related thereto; and (iii) all actions, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of recordclaims, then Landlorddamages, after thirty (30) days notice of its intention to do soliabilities, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by with the foregoing. If Tenant under this Lease, due from Tenant fails to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in keep the Premises, the Building or and the Property free from Liens then, in addition to all other Improvements or rights and remedies available to Landlord, Landlord may take any part thereofaction necessary to discharge such Liens, including payment to the claimant on whose behalf the Lien was filed. Any sums expended by Landlord (including, without limitation, administrative costs and attorneys’ fees) in connection with any such action shall be payable by Tenant on demand with interest thereon from the date of expenditure by Landlord at the Interest Rate. Neither Landlord’s curative action nor the reimbursement of Landlord by Tenant shall cure Tenant’s default in failing to keep the Premises, the Building and the Property free from Liens.

Liens. Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Premisesact, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that contract, which may create or be the foundation for any lien, mortgage lien or other encumbrance upon the estate of Landlord, or any other interest of Landlord or any ground or underlying Landlord in any portion of the Premises. If, because of any act or omission (or alleged act or omission) of Tenant, any Construction Lien Claim or other lien (collectively “Lien”), charge, or order for the payment of money or other encumbrance shall be filed against Landlord and/or any ground or underlying Landlord and/or any portion of the Premises (whether or not such Lien, charge, order, or encumbrance is valid or enforceable as such), Tenant shall, at its own cost and expense, cause same to be discharged of record or bonded within thirty (30) days after the filing thereof; and Tenant shall indemnify and save harmless Landlord and all ground and underlying Landlord(s) against and from all costs, liabilities, suits, penalties, claims, and demands, including reasonable counsel fees, resulting therefrom. If Tenant fails to comply with the foregoing provisions, Landlord shall have the option of discharging or bonding any such Lien, charge, order, or encumbrance, and Tenant agrees to reimburse Landlord for all actual and reasonable costs, expenses and other sums of money in connection therewith (as additional rental) with interest at the maximum rate permitted by law promptly upon demand. All materialmen, contractors, artisans, mechanics, laborers, and any other persons now or hereafter contracting with Tenant or any contractor or subcontractor of Tenant for the furnishing of any labor services, materials, supplies, or equipment with respect to any portion of the Premises, at any time from the Building or date hereof until the other Improvements or any part thereofend of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same.

Liens. Tenant shall not do have no authority, express or implied, to create or place (or allow to be created or placed) any act which shall in lien or encumbrance of any way encumber kind or nature whatsoever upon, the title interest of Landlord in the Premises (or the leasehold interest of Tenant created under this Lease) for any claim in favor of any person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs. Tenant shall pay or cause to be paid the full amount of all sums due and to payable by it on account of any labor performed or materials furnished in connection with any work performed by Tenant on the Premises, nor in every case, before such amounts become delinquent. Tenant shall discharge of record by payment, bonding or otherwise any lien filed against the Premises on account of any labor performed or materials furnished in connection with any work performed by Tenant create or permit to be createdon the Premises immediately upon the filing of any claim of lien. Tenant shall indemnify, defend and shall promptly discharge, hold Landlord harmless from any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge and all Claims arising out of any agreement (expressed or implied)related to asserted claims or liens against the leasehold estate or against the right, chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights title and interest of Landlord in the Premises or this Lease arising from or relating any part act or agreement of Tenant or any of the Tenant’s Parties (a “Tenant Lien”). Tenant agrees to give Landlord immediate written notice of the placing of any lien or encumbrance against the Premises or Tenant’s leasehold estate. In the event that Tenant fails to remove of record by payment or bond any Tenant Lien asserted or filed against the Premises within five (5) business days of receipt of written notice from Landlord of the need to do so, Landlord shall have the right, at Landlord’s option, of paying and discharging the same or any portion thereof might without inquiry as to the validity thereof, and any amounts so paid, including expenses and any late charges, shall be impaired. If Rent immediately due and payable to Landlord by Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after within thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge delivery of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofa ▇▇▇▇ therefor.

Liens. Tenant shall not do any act which shall agrees that it will make full and prompt payment of all sums necessary to pay for the costs of all repairs and permitted alterations, renovations, improvements, changes and other work done by Tenant in any way encumber the title of Landlord in and or to the PremisesPremises and further agrees to indemnify and save harmless Landlord and each Mortgagee from and against any and all costs and liabilities incurred by Landlord and each Mortgagee and against any and all construction, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanicmaterialman’s, contractor’s, subcontractorlaborer’s and other statutory or material man’s lien or any lien, encumbrance or charge common law liens arising out of or from such work, or the cost thereof, which may be asserted, claimed or charged against all or any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon part of the Premises or any part thereof or portion thereof. Notwithstanding anything to the income therefrom or any personal property used contrary set forth in connection with this Lease, the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises all or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord Premises shall not be liable subject to any liens of any kind for any improvements or work performed made or to be performed, done by or any materials furnished or to be furnished, at the Premises for instance of Tenant, whether or not the same shall be made or done with the permission or by agreement between Tenant upon creditand Landlord, and that no mechanicthis Lease expressly prohibits any construction, materialman’s, laborer’s or other lien statutory or common law liens for such improvements or work made or materials shall attach to done by or affect at the estate instance of Tenant, or interest of Landlord in and to concerning which Tenant is responsible for payment under the Premises, unless specifically ordered by Landlord in writingterms hereof or otherwise. Tenant shall have no power hereby agrees to do any act put all persons dealing with or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, contracting with Tenant or any other contractor of Tenant on notice and all persons dealing with or contracting with Tenant or any contractor of Tenant are hereby put on notice of these provisions. In the event any notice, claim or lien shall be asserted or recorded against the interest of Landlord in the Premises, the Building or the other Improvements or any part portion thereof, on the account of or extending from any improvement or work made or done by or at the instance of Tenant, or any person claiming by, through or under Tenant, or from any improvement or work the cost of which is the responsibility of Tenant, then Tenant agrees to have such notice, claim or lien canceled, discharged, released or transferred to other security in accordance with applicable Florida Statutes within ten (10) days after notice from Landlord to Tenant, and failure to do so shall be an Event of Default. Tenant agrees to join Landlord in the execution of a short form lease to be recorded in the Public Records of County in which the Premises is located for the purpose of giving constructive notice of the provisions of this paragraph. Such short form lease shall authorize and permit Landlord to record a termination thereof, without the joinder thereof by Tenant, for the sole and limited purpose of terminating the short form lease, of record, but such termination shall not terminate this Lease or affect or modify the provisions hereof.

Liens. Tenant shall not do any act which shall To the extent permitted by applicable state law, Contractor agrees that no mechanic’s liens or other claim or claims in any way encumber the title nature of Landlord in and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s a lien or charge shall be filed or maintained by Contractor or by a lien or claimant claiming through Contractor, against the real estate owned by or leased by or licensed to or otherwise used or occupied by AT&T, or against any lienmoney due to or coming due from AT&T for materials, encumbrance labor, services or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used equipment in connection with the operation of the PremisesService(s), and Tenant that such right to file any such lien, claim or charge is hereby waived expressly. Contractor shall not suffer serve or file any notice or document, or take any other matter action, which would be a prerequisite for filing a lien claim. Contractor shall insert the following language in any of its contracts or thing whereby the estatepermitted subcontracts with parties furnishing labor, rights and interest of Landlord materials, services or equipment. “Subcontractor agrees that no mechanic’s liens or other claim or claims in the Premises nature of a lien or charge for materials, labor, services or equipment in connection with the Service(s) shall be filed or maintained by Subcontractor or by any part thereof might be impaired. If Tenant shall fail lien or claimant claiming through Subcontractor against real estate owned by or leased by or licensed to cause or otherwise used or occupied by AT&T or against money due to or coming due from AT&T to the general contractor and that any such right to file such lien, claim or charge is expressly waived.” If any lien to be discharged of record, then Landlord, after thirty or encumbrance is filed and Contractor does not remove the lien within fifteen (3015) days notice of its intention to do sowritten notification by AT&T, shall AT&T will have the right, but not the obligation, in addition to any other right pay such sums or remedy, take such actions as necessary to discharge such have the lien either by paying the amount claimed to be due removed or by procuring the discharge of such lien by deposit or bonding proceedingsdischarged, and in any such event Landlord Contractor shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor indemnify, defend and to pay the amount of judgment in favor of the lien owner with interestsave AT&T harmless from and against all resulting loss and expense, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees. Appendix L (“Contractor’s Receipt of Payment, Release and Waiver of Lien”) incurred by Landlord shall be i) submitted to AT&T as part of the Turnover Package described in connection therewith Section “Invoicing Milestones and Progress Payments” and ii) shall constitute Additional Rent payable by Tenant under this Leaseshow that if AT&T pays the final invoice amount, due from Tenant to Landlord at then the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or amount remaining to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials paid shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofequal $0.

Liens. Tenant shall not do keep the Premises and the Project free from any act which shall in any way encumber the title of Landlord in and to the Premisesmechanics’ liens, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien vendors liens or any lien, encumbrance or charge other liens arising out of any agreement (expressed work performed, materials furnished or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premisesobligations incurred by Tenant, and Tenant shall not suffer any other matter or thing whereby the estateagrees to defend, rights indemnify and interest of hold Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause harmless from and against any such lien to be discharged or claim or action thereon, together with costs of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, suit and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) fees and costs incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after with any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereofclaim or action. This Lease shall constitute notice that Landlord shall not be liable for Before commencing any work performed of alteration, addition or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and improvement to the Premises, unless specifically ordered Tenant shall give Landlord at least ten (10) business days’ written notice of the proposed commencement of such work, except to the extent such notice has already been provided as a component of Landlord’s consent. In the event that there shall be recorded against the Premises or the Project or the property of which the Premises is a part any claim or lien arising out of any such work performed, materials furnished or obligations incurred by Tenant and such claim or lien shall not be removed or discharged by bond, title insurance or otherwise within ten (10) business days of notice to Tenant, Landlord shall have the right but not the obligation to pay and discharge said lien without regard to whether such lien shall be lawful or correct (in which case Tenant shall reimburse Landlord for any such payment made by Landlord within ten (10) days following written demand), or to require that Tenant promptly deposit with Landlord in writing. Tenant cash, lawful money of the United States, one hundred twenty-five percent (125%) of the amount of such claim, which sum may be retained by Landlord until such claim shall have no power been removed of record or until judgment shall have been rendered on such claim and such judgment shall have become final, at which time Landlord shall have the right to do apply such deposit in discharge of the judgment on said claim and any act or make any contract that may create or be the foundation for any liencosts, mortgage or other encumbrance upon the estate of including attorneys’ fees and costs incurred by Landlord, or any other interest of Landlord in and shall remit the Premises, the Building or the other Improvements or any part thereofbalance thereof to Tenant.

Liens. Tenant shall not do keep the Premises and the Project free from any act which shall in any way encumber the title of Landlord in and to the Premisesmechanics’ liens, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien vendors liens or any lien, encumbrance or charge other liens arising out of any agreement (expressed work performed, materials furnished or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premisesobligations incurred by Tenant, and Tenant shall not suffer any other matter or thing whereby the estateagrees to defend, rights indemnify and interest of hold Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause harmless from and against any such lien to be discharged or claim or action thereon, together with costs of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, suit and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) fees and costs incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after with any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereofclaim or action. This Lease shall constitute notice that Landlord shall not be liable for Before commencing any work performed of alteration, addition or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and improvement to the Premises, unless specifically ordered Tenant shall give Landlord at least ten (10) business days’ written notice of the proposed commencement of such work (to afford Landlord an opportunity to post appropriate notices of non-responsibility). In the event that there shall be recorded against the Premises or the Project or the property of which the Premises is a part any claim or lien arising out of any such work performed, materials furnished or obligations incurred by Tenant and such claim or lien shall not be removed or discharged within ten (10) days of filing, Landlord shall have the right but not the obligation to pay and discharge said lien without regard to whether such lien shall be lawful or correct (in which event Tenant shall reimburse Landlord for any such payment made by Landlord within three (3) business days following written demand therefor), or to require that Tenant promptly deposit with Landlord in writing. Tenant cash, lawful money of the United States, one hundred fifty percent (150%) of the amount of such claim, which sum may be retained by Landlord until such claim shall have no power been removed of record or until judgment shall have been rendered on such claim and such judgment shall have become final, at which time Landlord shall have the right to do apply such deposit in discharge of the judgment on said claim and any act or make any contract that may create or be the foundation for any liencosts, mortgage or other encumbrance upon the estate of including attorneys’ fees and costs incurred by Landlord, or any other interest of Landlord in and shall remit the Premises, the Building or the other Improvements or any part thereofbalance thereof to Tenant.

Liens. Tenant shall not do any act which shall in any way encumber neither permit nor suffer an involuntary lien to be filed or affixed against the Building, the Leased Premises, the fee simple title of Landlord in and to the Premises, nor shall Tenant create Land or permit to be createdany leasehold estate therein or any part thereof, and shall promptly discharge, not voluntarily grant any lien or security interest therein. In the event any such involuntary or voluntary lien, including without limitation, mechanic's lien (includingand tax lien, but not limited tois filed and/or affixed against the Building, any mechanic’s, contractor’s, subcontractor’s or material man’s lien the Leased Premises the fee simple title of the Land or any lienleasehold estate therein, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof thereof, or against any fixtures, equipment, furnishings therein or all types of work and improvements comprising the income therefrom or any personal property used in connection with the operation Interior of the Premises, Leased Premises (which when completed shall constitute a part of the fee estate remainder subject to the terms and provisions of this Lease) and Tenant shall has not suffer any other matter or thing whereby caused the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien same to be released and discharged of record, then Landlord, after thirty record within ten (3010) days after notice of its intention to do sothereof, same shall have the right, but not the obligationconstitute a default hereunder. Upon such default, in addition to any other right or remedyremedies available to Landlord herein, to discharge such lien either by paying the amount claimed to be due or by procuring the Landlord may release and discharge of such lien by deposit or bonding proceedingslien, and in any such event Tenant shall repay to Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute immediately upon demand as Additional Rent payable hereunder all such sums disbursed or deposited by Tenant Landlord. Nothing contained herein, however, shall imply any consent or agreement on the part of Landlord or anyone holding under this Lease, due from Tenant Landlord to Landlord at the next rent day after subject Landlord's interest to liability under any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s 's or other lien for law, regardless of whether the performance or the furnishing of such work work, labor, services or materials shall attach to Tenant or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. anyone holding under Tenant shall have no power been consented to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of by Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereof.

Liens. Tenant To the extent required under the Credit Agreement, the Mortgagor shall pay, from time to time when the same shall become due, all lawful claims and demands of mechanics, materialmen, laborers, and others which, if unpaid, might result in, or permit the creation of a lien on the Mortgaged Property, or any part thereof, or on the revenues, rents, issues, income and profits arising therefrom, and in general will do or cause to be done everything necessary so that the lien of this Mortgage shall be fully preserved, at the cost of the Mortgagor, without expense to the Mortgagee. The Mortgagor shall not do any act which shall in any way encumber the title of Landlord in and to the Premisesdo, nor shall Tenant create or permit to be createddone, anything that may in anyway impair the value of the Mortgaged Property, or weaken, diminish, or impair the security of this Mortgage. Should any fixture be installed to the Mortgaged Property from or after the date hereof, the lien of this Mortgage shall immediately attach to said fixture and shall be prior and superior to all other liens or claims. The Mortgagor will promptly perfolin and observe, or cause to be performed or observed, all of the terms, covenants, and shall promptly dischargeconditions of all Permitted Encumbrances, any such lien (includingas set forth in Exhibit B attached hereto, but not limited tothe GP:3764046 v1 4 noncompliance with which may affect the security of this Mortgage, any mechanic’s, contractor’s, subcontractor’s or material man’s lien may impose duty or obligation upon the Mortgagor or any lien, encumbrance sublessee or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation occupant of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements Mortgaged Property or any part thereof, and the Mortgagor shall do or cause to be done all things necessary to preserve intact and unimpaired all easements, appurtenances, and other interests and rights in favor of or constituting any portion of the Mortgaged Property.

Liens. Tenant shall not do any act which shall in any way encumber the title of Landlord in pay when due all costs for work performed and materials supplied to the Premises. Tenant shall keep Landlord, nor the Premises and the Building free from all liens, stop notices and violation notices relating to the work performed, materials furnished or obligations incurred by or for Tenant and Tenant shall Tenant create or permit to be createdprotect, indemnify, hold harmless and shall promptly dischargedefend Landlord, the Premises and the Building of and from any such lien (includingand all loss, but not limited tocost, any mechanic’sdamage, contractor’sliability and expense, subcontractor’s or material man’s lien or any lienincluding attorney's fees and costs, encumbrance or charge arising out of or related to any agreement (expressed such liens or implied)notices. During the progress of such work, chattel mortgageTenant shall, security agreementupon Landlord's request, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection furnish Landlord with the operation of the Premises, sworn contractor's statements and lien waivers covering all work theretofore performed. Tenant shall not suffer satisfy or otherwise discharge all liens, stop notices or other claims or encumbrances within twenty (20) days after Tenant obtains knowledge that any other matter such lien, stop notice, claim or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impairedencumbrance has been filed. If Tenant shall fail fails to cause any pay and remove such lien lien, claim or encumbrance within such twenty (20) days, or Tenant fails to be discharged of recorddiligently pursue, then discharge or satisfy said lien, stop notice, claim or encumbrance, Landlord, after thirty (30) days notice of at its intention to do soelection, shall have may pay and satisfy the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, same and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount sums so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such paymentLandlord, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereofas set forth in Section 3(e) hereof for amounts owed Landlord by Tenant, shall be deemed additional rent due and payable by Tenant at once without notice or demand. This Lease shall constitute notice that Notwithstanding the foregoing, if Tenant is contesting any mechanics lien and provides to Landlord shall not be liable for any work performed or a bond reasonably satisfactory to be performedLandlord and sufficient to remove the lien of record under California law, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power right to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of pay such lien after said bond has been provided to Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereof.

Liens. Tenant shall not do keep the Premises and the Project free from any act which shall in any way encumber the title of Landlord in and to the Premisesmechanics’ liens, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien vendors liens or any lien, encumbrance or charge other liens arising out of any agreement (expressed Alterations performed, materials furnished or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premisesobligations incurred by Tenant, and Tenant shall not suffer any other matter or thing whereby the estateagrees to defend, rights indemnify and interest of hold Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause harmless from and against any such lien to be discharged of recordor claim or action thereon, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, including but not limited to the obligationlienholder’s claim for legal fees or court costs, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge together with costs of such lien by deposit or bonding proceedings, suit and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) fees and costs incurred by Landlord in connection therewith with any such claim or action. Before commencing any work of Alteration to the Premises. Tenant shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to give Landlord at least ten (10) business days’ written notice of the next rent day after proposed commencement of such Alteration work (to afford Landlord an opportunity to post appropriate notices of non-responsibility). If there shall be recorded against the Premises or the Project or the property of which the Premises is a part any claim or lien arising out of any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any Alteration work performed or to be performed, or any materials furnished or obligations incurred by Tenant and such claim or lien shalt not be removed or discharged within ten (10) days of filing, Landlord shall have the right hut not the obligation to pay and discharge said lien without regard to whether such lien shall be furnishedlawful or correct (in which event Tenant shall reimburse Landlord for any such payment made by Landlord within three (3) business days following written demand therefor), or to require that Tenant promptly deposit with Landlord in cash. lawful money of the United States, one hundred fifty percent (150%) of the amount of such claim, which sum may be retained by Landlord until such claim shall have been removed of record or until judgment shall have been rendered on such claim and such judgment shall have become final, at which time Landlord shall have the Premises for Tenant upon creditright to apply such deposit in discharge of the judgment on said claim and any costs, including attorneys’ fees and costs incurred by Landlord, and that no mechanic’s or other lien for shall remit the balance thereof to Tenant. however should the amount of any such work or materials shall attach to or affect judgment exceed the estate or interest of Landlord in and to the Premisesdeposit as herein required, unless specifically ordered by Landlord in writing. Tenant shall have no power to do indemnify, defend and hold Landlord harmless as against any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofjudgment amount so unsatisfied.

Liens. Tenant At no time during the Term shall Lessee, directly or indirectly, create, incur, assume or suffer to exist any Liens on or with respect to the Leased Property, or any component thereof, right or title thereto or any interest or estate therein or in this Lease, except for Permitted Liens. Lessee will promptly remove and discharge any Liens (other than Permitted Liens) upon the Leased Property or any Rent payable hereunder which arises for any reason, including all Liens which arise out of the use, occupancy, construction, repair or rebuilding of the Leased Property or by reason of labor or materials furnished or claimed to have been furnished to Lessee or for the Leased Property. If any Lien (other than any Permitted Lien) is filed or recorded against any portion of the Leased Property, Rent, or any part thereof, Lessee will cause such Lien to be discharged of record or bonded (to the extent permitted by Applicable Law) or otherwise rendered void within THIRTY (30) days after notice thereof; provided, however, that Lessee shall not do be required to so discharge or bond any act which such Lien while the same is being contested in good faith by appropriate proceedings diligently prosecuted so long as such proceedings shall in not involve (i) any way encumber material risk of the title sale, forfeiture or loss of Landlord in and the Leased Property or (ii) a material risk of reduction of the value, utility or remaining useful life (except to an insignificant extent) of the Premises, nor shall Tenant create or permit to be createdLeased Property, and shall not interfere with the disposition, of the Leased Property or any part thereof. If a final judgment, after the exhaustion of all appeals by Lessee, establishes the validity or existence of a Lien (other than a Permitted Lien) for any amount, Lessee shall promptly dischargesatisfy such judgment and release such Lien of record. If Lessee fails to pay any charge for which a Lien (other than a Permitted Lien) has been filed or recorded, as the case may be, Lessor, at its option, after THIRTY (30) days' prior written notice to Lessee, may pay the Lien and related costs and interest, and the amount so paid, together with reasonable attorneys' fees and other reasonable expenses incurred by Lessor in connection therewith, will be immediately due from Lessee to Lessor, together with interest at a rate equal to the Late Rate from the date any such lien (includingpayment was made by Lessor until Lessor is paid in full with such interest, but not limited toall as Additional Rent. Nothing contained in this Lease is intended to be or should be deemed to be the consent or agreement of Lessor to the performance by any contractor, any mechanic’slaborer, contractor’s, subcontractor’s materialman or material man’s lien or any lien, encumbrance or charge arising out vendor of any agreement (expressed labor or implied)services or for the furnishing of any materials for any construction, chattel mortgagealteration, security agreementaddition, financing statement repair or otherwise) upon demolition of or to the Premises Leased Property or any part thereof or the income therefrom to subject Lessor's interest therein to liability under any mechanics' or other lien under Applicable Law. If either Lessor or Lessee receives notice that a Lien has been filed or is about to be filed against any personal property used in connection with the operation portion of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performedLeased Property, or any action affecting title to the Leased Property has been commenced on account of work done for Lessee or materials furnished to Lessee, Lessor or to be furnishedLessee, at as the Premises for Tenant upon creditcase may be, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or promptly give the other Improvements party written notice of such Lien or any part thereofaction.

Liens. Tenant shall give Landlord at least ten (10) days prior written notice (or such additional time as may be necessary under applicable laws) of the commencement of any Tenant's Work, to afford Landlord the opportunity to post and record notices of non-responsibility. Tenant will not do any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create cause or permit any mechanic's, materialman's or similar liens or encumbrances to be createdfiled or exist against the Premises or the Building or Tenant's interest in this Lease in connection with work done under this Article or in connection with any other work and Tenant agrees to defend, indemnify and shall promptly discharge, hold harmless Landlord from and against any such lien (includingor claim or action thereon, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out together with costs of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used suit and reasonable attorneys' fees incurred by Landlord in connection with the operation of the Premises, and any such claim or action. Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause remove any such lien to be discharged of record, then Landlord, after or encumbrance within thirty (30) days notice from the date of its intention their existence. If Tenant fails to do so, Landlord may, without being responsible to investigate the validity or lawfulness of the lien, pay the amount or take such other action as Landlord deems necessary to remove any such lien or encumbrance or require that Tenant deposit with Landlord in cash and lawful money of the United States, one hundred fifty percent (150%) of the amount of such claim, which sum may be retained by Landlord until such claim shall have been removed of record or until judgment shall have been rendered on such claim and such judgment shall have become final, at which time Landlord, shall have the right, but not the obligation, right to apply such deposit in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien the judgment on said claim and any costs, including reasonable attorneys' fees incurred by deposit or bonding proceedingsLandlord, if any, and in any such event shall remit the balance thereof to Tenant. The amounts so paid and costs incurred by Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute deemed Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent Lease and payable in full within ten (3%10) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofdays following written demand therefor.

Liens. Tenant shall not do keep the Premises and the Project free from any act which shall in any way encumber the title of Landlord in and to the Premisesmechanics’ liens, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien vendors liens or any lien, encumbrance or charge other liens arising out of any agreement (expressed work performed, materials furnished or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premisesobligations incurred by Tenant, and Tenant shall not suffer any other matter or thing whereby the estateagrees to defend, rights indemnify and interest of hold Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause harmless from and against any such lien to be discharged or claim or action thereon, together with costs of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, suit and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) fees and costs incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after with any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereofclaim or action. This Lease shall constitute notice that Landlord shall not be liable for Before commencing any work performed of alteration, addition or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and improvement to the Premises, unless specifically ordered Tenant shall give Landlord at least ten (10) business days’ written notice of the proposed commencement of such work (to afford Landlord an opportunity to post appropriate notices of non-responsibility). In the event that there shall be recorded against the Premises or the Project or the property of which the Premises is a part any claim or lien arising out of any such work performed, materials furnished or obligations incurred by Tenant and such claim or lien shall not be removed or discharged within ten (10) days of filing, Landlord shall have the right but not the obligation to pay and discharge said lien without regard to whether such lien shall be lawful or correct (in which case Tenant shall reimburse Landlord for any such payment made by Landlord within ten (10) days following written demand), or to require that Tenant promptly deposit with Landlord in writing. Tenant cash, lawful money of the United States, one hundred fifty percent (150%) of the amount of such claim, which sum may be retained by Landlord until such claim shall have no power been removed of record or until judgment shall have been rendered on such claim and such judgment shall have become final, at which time Landlord shall have the right to do apply such deposit in discharge of the judgment on said claim and any act or make any contract that may create or be the foundation for any liencosts, mortgage or other encumbrance upon the estate of including attorneys’ fees and costs incurred by Landlord, or any other interest of Landlord in and shall remit the Premises, the Building or the other Improvements or any part thereofbalance thereof to Tenant.

Liens. Tenant shall not do any act which shall in any way encumber Except for work that is the title responsibility of Landlord under this Lease and except as provided in Article 6, Tenant will pay or cause to be paid all costs and charges for work (a) done by Tenant or caused to be done by Tenant, in or to the Premises, nor shall Tenant create and (b) for all materials furnished for or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and such work. Tenant shall not suffer any other matter or thing whereby the estate, rights indemnify and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then defend Landlord, after thirty (30) days notice of its intention to do soNation and Property Manager for, shall have the right, but not the obligation, in addition to from and against any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs mechanics’ and expenses other liens and encumbrances filed by any person claiming through or under Tenant and against all costs, expenses, losses and liabilities (including reasonable attorneys’ fees) incurred by Landlord Landlord, Nation or Property Manager in connection therewith with any such lien or encumbrance or any action or proceeding brought thereon. Tenant at its expense shall constitute Additional Rent payable by procure the discharge of record of all such liens and encumbrances within fifteen (15) days after filing thereof. If Tenant under this Leasefails to pay any charge for which a mechanics’ lien has been filed, and has not given Landlord security as described above, 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, and the amount so paid, together with reasonable attorneys’ fees incurred in connection with such lien, will be immediately due from Tenant to Landlord at as Additional Rent in accordance with paragraph 4.04. Nothing contained in this Lease will be deemed the next rent day after consent or agreement of Landlord to subject Landlord’s interest in the Riverwalk Crossing to liability under any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s mechanics’ or other lien for such work law. If Tenant receives oral or materials shall attach written notice that a lien has been or is about to or affect be filed against the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the PremisesPremise, the Building or the other Improvements Riverwalk Crossing or any part action affecting title to the Riverwalk Crossing has been commenced on account of work done by or for or materials furnished to or for Tenant, it will immediately disclose to Landlord such oral notice of impending lien or action affecting title and immediately upon receipt give Landlord a copy of any written notice thereof. Tenant’s obligations under this Article 9 shall survive the expiration or earlier termination of this Lease.

Liens. Tenant Lessee shall not do keep the Premises and every portion of the Premises free from ‘any act which shall and all mechanics’, material men’s and other liens, and claims thereof, arising out of any work performed, materials furnished or obligations incurred by or for Lessee. Lessor may require, at Lessor’s sole option, that Lessee provide to Lessor at Lessee’s sole cost and expense a payment and performance bond, or its equivalent, in an amount equal to one and one half (1-1/2) times any way encumber the title and all estimated costs of Landlord in and any Alterations to the Premises, nor to insure Lessor against any liability for mechanics’ and material men’s liens and to insure completion of the work. Lessee shall Tenant create indemnify, defend with counsel reasonably acceptable to Lessor and hold Lessor harmless from and against any liens, demands, claims, actions, suits, proceedings, orders, losses, costs, damages, liabilities, penalties, expenses, judgments or permit to be created, and shall promptly discharge, any such lien encumbrances (including, but not limited towithout limitation, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge attorneys’ fees) arising out of any agreement (expressed work or implied), chattel mortgage, security agreement, financing statement services performed or otherwise) upon materials furnished by or at the Premises direction of Lessee or any part thereof or the income therefrom of Lessee’s Agents or any personal property used in connection contractor retained by Lessee with respect to the operation Premises. Lessor shall have the right, at all times, to post and keep posted on the Premises, any notices permitted or required by law, or which Lessor shall deem proper, for the protection of Lessor, the Premises, and Tenant shall not suffer any other matter party having an interest therein, from mechanics’ and material men’s liens, including, without limitation, a notice of non-responsibility. Lessee shall give written notice to Lessor fifteen (15) days prior to employing any laborer or thing whereby contractor to perform services related to, or receiving materials for use upon the estatePremises, rights and interest prior to the commencement of Landlord in any work of improvement on the Premises Premises. Should any claims of lien relating to work performed, materials furnished or obligations incurred by Lessee be filed against, or any action be commenced affecting the Premises, any part of thereof might be impairedand/or Lessee’s interest therein, Lessee shall give Lessor notice of such lien or action within three (3) days after Lessee receives notice of the filing of the lien or the commencement of the action. If Tenant shall fail to Lessee does not, within twenty (20) days following the imposition of any such lien, cause any such lien to be discharged released of recordrecord by payment or posting of a proper bond, then LandlordLessor shall have, after thirty (30) days notice of its intention in addition to do soall other remedies provided herein and by law, shall have the right, but not the obligation, in addition to any other right or remedycause the same to be released by such means as it shall deem proper, including by payment of the claim giving rise to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien posting a proper bond, or by deposit requiring Lessee to post for Lessor’s benefit a bond, surety, or bonding proceedings, cash amount equal to one and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay one-half (1-1/2) times the amount of judgment in favor of lien and sufficient to release the lien owner with interest, costs and allowancesPremises from the lien. Any amount so All sums paid by Landlord Lessor pursuant to this Article 12 and all costs and expenses (incurred by it in connection therewith including reasonable attorneys’ fees) incurred fees and costs shall be payable to Lessor by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next Lessee as additional rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofon demand.

Liens. (i) In no event shall any material or equipment be incorporated in or affixed to the Premises in connection with any Alterations which is subject to any lien, encumbrances, chattel mortgage, security interest, charge of any kind whatsoever, or is subject to any conditional sale or other similar or dissimilar title retention agreement. Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or created any lien, encumbrance or charge arising out (levied on account of any taxes or any mechanic’s, laborer’s or materialman’s lien, conditional sale, title retention agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) which might be or become a lien, encumbrance or charge upon the Premises Real Property or Building or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premisestherefrom, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises Real Property or Building or any part thereof might be impaired. (ii) If any lien, encumbrance or charge referred to in this Subsection F shall at any time be filed against the Real Property or Building or any part thereof, then Tenant, within thirty (30) days after Tenant shall have received notice of the filing thereof and at Tenant’s cost and expense, shall cause the same to be discharged of record by bonding or otherwise. If Tenant shall fail to cause any such lien to be discharged of recordwithin the aforesaid period, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligationthen, in addition to any other right or remedy, to Landlord may discharge such lien the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings, and in any such event Landlord shall be entitled entitled, if it Landlord so elects elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lien owner lienor with interest, costs and allowances. Any amount so paid by Landlord and all reasonable costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith therewith, together with interest thereon at the Interest Rate, shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereof.

Liens. Tenant The Custodian shall not do any act which shall have a lien on a Fund's Assets held by the Custodian (other than Assets held in any way encumber a segregated margin account or otherwise already pledged by the title Fund) in an amount necessary to secure payment of Landlord in fees and expenses for the services rendered to the PremisesFund under this Agreement. If the Custodian advances cash or securities to the Fund for any purpose or in the event that the Custodian or its nominee shall incur or be assessed any taxes, nor shall Tenant create charges, expenses, assessments, claims or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used liabilities in connection with the operation performance of its duties hereunder, except such as may arise from its or its nominee's negligent action, negligent failure to act or willful misconduct, any Assets (other than Assets held in a segregated margin account or otherwise already pledged by the Fund) at any time held by the Custodian for a Fund in the amount thereof shall be security therefor and the Fund hereby grants a security interest therein to the Custodian, provided that the Custodian's security interest in any particular Assets shall terminate at the time the Fund pays the Custodian the amount of the Premises, and Tenant obligation giving rise to such security interest. A Fund shall not suffer promptly reimburse the Custodian for any other matter such advance of cash or thing whereby the estate, rights and interest of Landlord in the Premises securities or any part thereof might be impaired. If Tenant shall such taxes, charges, expenses, assessments, claims or liabilities upon request for payment, but should the Fund fail to cause any such lien to be discharged of recordso reimburse the Custodian, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord Custodian shall be entitled if it so elects to compel the prosecution of an action for foreclosure dispose of such lien by Assets to the lienor and extent necessary to pay the amount of judgment in favor obtain reimbursement. The Custodian shall be entitled to debit any cash account of the lien owner Fund with interestthe Custodian including, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord without limitation, the Custody Account, in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after with any such payment, advance and any interest on such advance as the Bank deems reasonable. The Custodian shall provide a Fund with interest thereon prompt subsequent notice of any charge against a cash account hereunder and shall give at Prime plus three percent least two (3%2) per annum from business days prior notice of the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s liquidation or other disposition of other Assets subject to lien for such work or materials shall attach to or affect the estate or interest in connection with satisfaction of Landlord in and any amount owing to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofCustodian.

Liens. Tenant Borrower shall not do create, incur, assume or suffer to exist any act which shall in Lien on any way encumber the of Borrower’s right, title of Landlord or interest in and to the PremisesProperty, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impairedexcept for Permitted Encumbrances. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after Within thirty (30) days of the filing of any such Lien (or such sooner period as may be required in the event the Property (or part thereof or interest therein) shall be in imminent danger of being sold, forfeited, terminated, cancelled or lost or there shall be any danger of the Lien of the Mortgage being primed by any related Lien), Borrower shall either pay or otherwise cause such Lien to be discharged from the Property. After prior written notice to Lender, Borrower, at its own expense, may contest by appropriate legal proceeding, promptly initiated and conducted in good faith and with due diligence, the amount or validity or application in whole or in part of its intention to do sothe Lien, provided that (i) no Default (other than a Default that is the subject matter being contested) or Event of Default has occurred and remains uncured; (ii) such proceeding shall have be permitted under and be conducted in accordance with the right, but not the obligation, in addition to applicable provisions of any other right instrument to which Borrower or remedy, to discharge the Property is subject and shall not constitute a default thereunder and such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord proceeding shall be entitled if it so elects to compel conducted in accordance with all applicable statutes, laws and ordinances; (iii) the prosecution Property nor any part thereof or interest therein will not be in danger of an action for foreclosure of such lien by the lienor and to being sold, forfeited, terminated, cancelled or lost; (iv) Borrower shall promptly upon final determination thereof pay the amount of judgment any such Lien (and perform any such act to discharge the same of record), together with all costs, interest and penalties which may be payable in favor connection therewith; (v) such proceeding shall suspend the enforcement of the lien owner with interestLien by any party against the Property; and (vi) Borrower shall furnish such security as may be required in the proceeding in order to suspend the enforcement of such Lien, costs or as may be reasonably requested by Lender, to insure the payment (and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ feesdischarge from record) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after of any such paymentLien, together with all interest thereon and penalties thereon. Lender may pay over any such cash deposit or part thereof held by Lender to the claimant entitled thereto at Prime plus three percent any time when, in the reasonable judgment of Lender, the entitlement of such claimant is established or the Property (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate part thereof or interest therein) shall be in imminent danger of Landlord in and to being sold, forfeited, terminated, cancelled or lost or there shall be any danger of the Premises, unless specifically ordered Lien of the Mortgage being primed by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofrelated Lien.

Liens. Tenant shall not do all things necessary to prevent the filing of any act which shall in any way encumber the title of Landlord in and to mechanics’ or other liens or encumbrances against the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof thereof, or the income therefrom upon any interest of Landlord or any personal property used mortgagee or beneficiary under a deed of trust or any ground or underlying lessor in connection with the operation any portion of the Premises, and Tenant shall not suffer any other matter by reason of work, labor, services, or thing whereby materials supplied or claimed to have been supplied to Tenant, or anyone holding the estatePremises, rights and interest of Landlord in the Premises or any part thereof might be impairedthereof, through or under Tenant. If Tenant shall fail to cause any such lien or encumbrance shall at any time be filed against the Premises, or any portion thereof, Tenant shall either cause same to be discharged of record, then Landlord, after record within thirty (30) days after the date of filing of same or, if Tenant in good faith determines that such lien should be contested, Tenant will give Landlord prior notice of its Tenant’s intention to do socontest any such lien and, upon demand by Landlord, will procure and record a lien release bond under applicable law in the amount prescribed by applicable law or if no amount is prescribed by applicable law in an amount equal to 150% of the lien amount. If a final judgment is rendered against Tenant by a court of competent jurisdiction, or if the Premises or any portion thereof are in danger of being foreclosed upon as a result of any such lien, Tenant will satisfy such judgment or lien at once. If Tenant does not post the release bond or fails to pay any such adverse judgment or to discharge any lien in the event of any imminent foreclosure, then Landlord may post the bond or pay the judgment or discharge the lien, as applicable, and Tenant will promptly reimburse Landlord for all sums paid by it in connection therewith, together with the applicable Administrative Fee (as hereinafter defined). Tenant shall have give Landlord notice of the rightintended commencement date of any work, but not the obligationlabor, in addition services or material to be performed or provided to any other right of the Premises or remedyany portion thereof involving total expenditures for any project in excess of one and twenty–five one hundredths percent (1.25%) of the Annual Rent, as it may be adjusted from time to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedingstime as provided herein, at least ten (10) days before said date, and in connection with the performance or provision of any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interestwork, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Leaselabor, due from Tenant to Landlord at the next rent day after any such paymentservices or materials, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be file and post on the foundation for any lien, mortgage or other encumbrance upon the estate applicable Premises a notice of Landlord, or any other interest nonresponsibility on behalf of Landlord in the Premisesform attached hereto as Exhibit C within any time period and in the manner prescribed under the laws of the state(s) in which the Premises or applicable portion thereof is located in order to protect Landlord from responsibility for, and evidencing Tenant’s obligations with respect to, any of the Building or matters covered by this Article, and shall provide Landlord with a copy thereof. Landlord shall also have the right and opportunity, to post and maintain on the Premises such notices, including notices of nonresponsibility and other Improvements or similar notices, as are provided for under the Laws of the state(s) in which the Premises are located, evidencing Tenant’s obligations with respect to any part thereofof the matters covered by this Article and Landlord shall have the right to enter the Premises and post such notices at any reasonable time.

Liens. Tenant shall not do mortgage or otherwise encumber or allow to be encumbered its interest herein without obtaining the prior written consent of Landlord. Tenant shall not allow any act which liens to be filed against the Premises or the Property, and Tenant shall keep the Premises and the Property free and clear of any mechanic’s and materialman’s liens arising in connection with any way encumber the title of Landlord in and repair or alteration to the PremisesPremises performed by Tenant or its contractors. Should Tenant cause any mortgage, nor shall Tenant create lien or permit other encumbrance (hereinafter singularly or collectively referred to as “Encumbrance”) to be createdfiled, and against the Premises or the Property, Tenant shall promptly dischargedismiss or bond against same within fifteen (15) days after the filing thereof. If Tenant fails to remove said Encumbrance within said fifteen (15) days, any such lien (Landlord shall have the absolute right to remove said Encumbrance by whatever measures Landlord shall deem convenient including, but not limited towithout limitation, payment of such Encumbrance, in which event Tenant shall reimburse Landlord, as Additional Rent, all costs expended by Landlord, including reasonable attorneys fees, in removing said Encumbrance. Tenant shall indemnify, defend and hold harmless Landlord and its agents, employees and contractors from and against any mechanic’sdamages, contractor’s, subcontractor’s losses or material man’s lien or any lien, encumbrance or charge costs arising out of any agreement (expressed such claim and from any liens or implied), chattel mortgage, security agreement, financing statement encumbrances arising from any work performed by Tenant or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation on behalf of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might the Property. Tenant’s indemnification of Landlord contained in this Paragraph shall survive the expiration or earlier termination of this Lease. All of the aforesaid rights of Landlord shall be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right remedies which either Landlord or remedyTenant may have available to them at law or in equity. Notwithstanding anything in this Lease to the contrary, Tenant is not authorized to discharge such lien either by paying the amount claimed to be due act for or by procuring the discharge on behalf of such lien by deposit Landlord as Landlord’s agent or bonding proceedingsotherwise, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed purposes of constructing improvements, additions or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and alterations to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereof22.

Liens. Tenant shall not do any act which shall in any way encumber the title of Landlord in and use commercially reasonable efforts to prevent mechanic’s or other liens from being placed upon the Premises, nor shall Tenant create or permit to be created, and shall promptly dischargethe Buildings, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractorportion of the San Diego Facility or Tenant’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used leasehold interest in connection with any work or service done or purportedly done by or for the operation benefit of the Premises, and Tenant. Tenant shall not suffer give Landlord Notice at least fifteen (15) days prior to the commencement of any other matter or thing whereby the estate, rights and interest of Landlord work requiring Landlord’s approval in the Premises or any part thereof might be impairedto afford Landlord the opportunity, where applicable, to post and record notices of non-responsibility. If a lien is so placed, Tenant shall fail to cause any such lien to be discharged of recordshall, then Landlord, after within thirty (30) days notice of its intention Notice from Landlord of the filing of the lien, fully discharge the lien by settling the claim which resulted in the lien or by bonding or insuring over the lien in the manner prescribed by the applicable lien Law; provided that Tenant may contest any such lien or claim therefor by first furnishing Landlord with a surety bond or title insurance insuring over such lien and thereafter taking such actions as are sufficient to do soprevent the enforcement of such lien or the forfeiture of the Premises. If Tenant fails to discharge the lien within such thirty (30) day period, shall have the right, but not the obligationthen, in addition to any other right or remedyremedy of Landlord, to discharge such lien either by paying the amount claimed to be due Landlord may bond or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of insure over the lien owner with interest, costs and allowancesor otherwise discharge the lien. Any Tenant shall reimburse Landlord for any amount so paid by Landlord and all costs and expenses (including to bond or insure over the lien or discharge the lien, including, without limitation, reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent fees (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in if and to the Premises, unless specifically ordered extent permitted by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate Law) within thirty (30) days after receipt of an invoice from Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereof.