|
(c) Liens. Tenant shall keep the Premises and all other parts of the I~Center free from any and all liens
<br />arising out of any work performed, materials furnished or obligations incurred by or for Tenant, and agrees to bond against
<br />or discharge any mechanic's or materialman's lien within twenty (20) days after the lien has been filed or within ten (10)
<br />days after receipt of written request from Landlord, whichever shall be the sooner. Tenant shall give Landlord at least
<br />fifteen (15) days written notice prior to commencing or causing to be commenced any work on the Premises (whether
<br />prior or subsequent to the commencement of lease term), so that Landlord shall have reasonable opportunity to file and
<br />post notices of nonresponsibility for Tenant's work. Tenant shall reimburse Landlord for any and all costs and expenses
<br />which may be incurred by Landlord by reason of the filing of any such liens and/or removal of same, such reimbursement
<br />to be made within ten (10) days after receipt by Tenant from Landlord of a statement setting forth the amount of the costs
<br />and expenses.
<br />
<br /> (d) Fire Protection Devices. Tenant, at its own expense, shall install and maintain fire extinguishers and other fire
<br />protection devices as may be required from time to time by any agency having jurisdiction and/or by the insurance
<br />underwriters insuring the building in which the Premises are located.
<br />
<br /> (e) Air Conditioning Maintenance. Tznant r.~-c~z3 tv prc, c~ur¢ and .,-naL-;taLn Ln .~II .c~r;:~ ----nd c..~zt t.~,;cx:~,.~.e~.
<br />Term, with such company or companies as Landlord shall approve, a contract for the monthly maintenance~,allttq~'~ir of
<br />the air conditioning equipment serving the Premises. Notwithstanding the foregoing, Landlord ma~ time or from
<br />time to time, upon written notice to Tenant, elect to provide service, maintenance and~,r, gl~a~le-with respect to any air
<br />conditioning, ventilating or heating facilities and equipment which serves the Pre~is~'~il~ly, Landlord may, at any
<br />time, elect to cease providing such service, maintenance and repair by s~glilar~itten notice to Tenant. During any period
<br />during which Landlord elects to provide the service, ma~te~ctla~and repair, Tenet shall reimburse Landlord, as
<br />additional rent, for Tenant's share of Landl~~st thereof shall be that
<br />proportion of the total cost which the Flo~ the Premises bears to the Floor Area of all premises served by such
<br />facilities and equipment or ~etermined by Landlord and shall be paid within ten
<br />(10) days after
<br />employ
<br />herein,,_ ,_e_f_e~s..~a~n~d charges of any person or fuxn so employed or designated shall be reimbursed to Landlord in the
<br />
<br /> (f) Landlord's Substitute Performance. In the event Tenant fails, refuses or neglects to commence and complete
<br />repairs promptly and adequately, to remove any lien, to pay any cost or expense, to reimburse Landlord, or otherwise to
<br />perform any act or fulfill any obligation required of Tenant pursuant to this Section 9.2, Landlord may, but shall not be
<br />required to do so, make or complete any such repairs, remove such lien, pay such cost or perform such act or the like
<br />without prior notice to, but at the sole cost and expense of, Tenant; Tenant shall reimburse Landlord for all costs and
<br />expenses of Landlord thereby incurred within ten (10) days after receipt by Tenant from Landlord of a statement setting
<br />forth the amount of such costs and expenses which shall be deemed to be additional rent and subject to the same
<br />consequences as herein provided for failure to pay rent. Landlord's rights and remedies pursuant to this subsection (0
<br />shall be in addition to any and ali other rights and remedies provided under this Lease or at law.
<br />
<br />ARTICLE X. INSURANCE AND INDEMNITY
<br />
<br /> SECTION 10.1 TENANT'S INSURANCE. Tenant, at its sole cost and expense, shall, commencing on the
<br />date Tenant is given access to the Premises for any purpose, and during the Term, procure, pay for and keep, in full force
<br />and effect the insurance described in Exhibit "B' attached hereto.
<br />
<br /> SECTION 10.2 LANDLORD'S INSURANCE.
<br /> (a) Types. Landlord shall provide standard "all risk" building insurance coverage, for an amount not less than 80%
<br />of the replacement cost of the building, and may, in its sole and absolute discretion, without any obligation to do so,
<br />provide "difference in conditions" forms of properly insurance, business interruption and/or loss-of-income insurance, on
<br />the~l~l~ Center. Notwithstanding the foregoing, Tenant shall obtain, pay for and carry such insurance as required in
<br />Section l 0. ! above.
<br />
<br />bProvided herein, Te ges that it has no right to receive any proceeds from any such insurance policies carried
<br />
<br /> SECTION 10.3 COVENANT TO INDEMNIFY AND HOLD HARMLESS. Tenant covenants to defend
<br />and indemnify Landlord, its officers, directors, stockholders, beneficiaries, partners, representatives, agents and employees
<br />and save it harmless from and against any and all claims, actions, damages, liability and expenses, including attorneys'
<br />fees, in connection with loss of life, bodily injury and/or damage to property arising from or out of any occurrence in,
<br />upon or at the Premises, or the occupancy or use by Tenant of the Premises or any part thereof, or arising fi'om or out of
<br />Tenant's failure to comply with any provisions of this Lease or otherwise occasioned wholly or in part by any act or
<br />omission of Tenant, its agents, representatives, contractors, employees, servants, customers or licensees. For the purpose
<br />of this Section 10.3, the Premises shall include the common facilities adjoining the same and the loading platform area
<br />allocated to the use of Tenant. In case Landlord shall, without fault on its part, be made a party to any litigation
<br />commenced by or against Tenant, then Tenant shall protect and hold Landlord harmless and shall pay all costs, expenses
<br />and reasonable attorneys' fees incurred or paid by Landlord in connection with such litigation. Landlord may, at its
<br />
<br />
<br />
|