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i0a:11-111 a <br />(2) Procure and record a bond in accordance with Section 8424 of the <br />Civil Code, which releases the Premises from the claim of the lien or stop -notice and from any action <br />brought to foreclose the lien, or <br />(3) Post such security as shall be required by Tenant's title insurer to <br />insure over such lien or stop -notice, or <br />(4) Should Tenant fail to accomplish either of the three optional <br />actions above within 30 days after Tenant receives notice of the filing of such a lien or stop -notice, it <br />shall constitute an Event of Default hereunder. <br />(b) Indemnification. Tenant shall at all times indemnify, defend with <br />counsel approved in writing by County and/or Agency and hold County and Agency harmless from <br />all claims, losses, demands, damages, cost, expenses, or liability costs for labor or materials in <br />connection with construction, repair, alteration, or installation of structures, improvements, <br />equipment, or facilities within the Premises, and from the cost of defending against such claims, <br />including reasonable attorneys' fees and costs, but excluding any liability resulting from the gross <br />negligence or willful misconduct of Lessor, and excluding any liens resulting from the actions of, or <br />work performed by, the Lessor. <br />(c) Protection Against Liens. Lessor shall have the right to post and <br />maintain on the Premises any notices of non -responsibility provided for under applicable California <br />law. During the course of construction, Tenant shall obtain customary mechanics' lien waivers and <br />releases. Upon completion of the construction of any Improvements, Tenant shall record a notice of <br />completion in accordance with applicable law. Promptly after the Improvements have been <br />completed, Tenant shall (or shall cause Contractor to) record a notice of completion as defined and <br />provided for in California Civil Code section 8000 et seq. <br />(d) Lessor's Rights. If Tenant (or any contractor or subcontractor, as <br />applicable) does not cause to be recorded the bond described in California Civil Code section 8000 et <br />seq. or otherwise protect the Premises and Improvements under any alternative or successor statute, <br />and a final judgment has been rendered against Tenant by a court of competent jurisdiction for the <br />foreclosure of a mechanic's, materialman's, contractor's or subcontractor's lien claim, and if Tenant <br />fails to stay the execution of judgment by lawful means or to pay the judgment, Lessor shall have the <br />right, but not the duty to pay or otherwise discharge, stay or prevent the execution of any such <br />judgment or lien or both. Upon any such payment by County and/or Agency, Tenant shall <br />immediately upon receipt of written request therefor by County or Agency, reimburse County and/or <br />Agency for all sums paid by County and/or Agency under this paragraph together with all County <br />and/or Agency's reasonable attorney's fees and costs, plus interest at the Interest Rate from the date <br />of payment until the date of reimbursement. <br />5.1.10. No Responsibility. Any approvals by County or Agency with respect to any <br />Improvements shall not make County or Agency responsible for the Improvement with respect to <br />which approval is given or the construction thereof. Tenant shall indemnify, defend and hold Lessor <br />harmless from and against all liability and all claims of liability (including, without limitation, <br />reasonable attorneys' fees and costs) arising during the Term of this Lease for damage or injury to <br />persons or property or for death of persons arising from or in connection with the Improvement or <br />construction thereof, but excluding any liability resulting from the gross negligence or willful <br />Page 119 <br />Fi N • F <br />