|
4.5 Lessor and Lessee agree that if and when any governmental or any other public
<br />authority requires the execution and delivery of any instrument to evidence or consummate the
<br />~,,, dedication of any street adjoining the Premises and/or if and when any governmental or any other
<br />public authority or any public utility company requires the execution and delivery of any rights of way,
<br />easements, and grants in, over, and along any such streets or in, over, under, or through the Premises
<br />(except any that may run under the Improvements) for the purpose of providing water, gas, steam,
<br />electricity, telephone, storm and sanitary sewer, or any other necessary or desirable service or facility for
<br />the benefit of the Premises or the Improvements, then both parties, without cost to either party, will
<br />execute, acknowledge, and deliver any such instrument or document as may be required.
<br />Section S.Liens
<br />5.1 Lessee shall have no power to do any act or to make any contract that may create or
<br />be the foundation for any lien, mortgage, or other encumbrance on the reversion or other estate of
<br />Lessor or on any interest of Lessor in the Premises. No interest of either Lessor, or both of them, shall
<br />be subordinated to any lien, mortgage or encumbrance.
<br />5.2 Lessee shall not suffer or permit any liens to attach to the interest of Lessor or Lessee
<br />in all or any part the Premises by reason of any work, labor, services, or materials done for, or supplied
<br />to, or claimed to have been done for or supplied to, Lessee or anyone occupying or holding an interest
<br />in all or any part of the Improvements on the Premises through or under Lessee. If any such lien shall
<br />at any time be filed against the Premises, Lessee shall cause the same to be discharged of record within
<br />30 days after the date of filing the same, by either payment, deposit, or bond.
<br />5.3 Nothing in this Lease shall be deemed to be, or be construed in any way as
<br />constituting, the consent or request of Lessor, express or implied, by inference or otherwise, to any
<br />person, firm, or corporation for the performance of any labor or the furnishing of any materials for any
<br />construction, rebuilding, alteration, or repair of or to the Premises or to the Improvements, or as giving
<br />Lessee any right, power, or authority to contract for or permit the rendering of any services or the
<br />furnishing of any materials that might m any way give rise to the right to file any lien against Lessor's
<br />interest in the Premises or against Lessor's interest, if any, in the Improvements. Lessee is not intended
<br />to be an agent of Lessor for the construction of Improvements on the Premises. Lessor shall have the
<br />right to post and keep posted at all reasonable times on the Premises and on the Improvements any
<br />notices that Lessor shall be required to post for the protection of Lessor and of the Premises and of the
<br />Improvements from any such lien. The foregoing shall not be construed to diminish or vitiate any
<br />rights of Lessee in this Lease to construct, alter, or add to the Improvements.
<br />Section 6.Taxes and Other Charges
<br />6.1 Lessee shall pay and discharge, or cause to be paid and discharged, before any fine,
<br />penalty, interest, or cost may be added for nonpayment, all real estate taxes, personal property taxes,
<br />privilege taxes, excise taxes, business and occupation taxes, gross sales charges, assessments (mcluding,
<br />but not limited to, assessments for public improvements or benefits), and all other governmental
<br />impositions and charges of every kind and nature whatsoever, whether or not now customary or within
<br />the contemplation of the parties and regardless of whether the same shall be extraordinary or ordinary,
<br />general, or special, unforeseen or foreseen, or similar or dissimilaz to any of the foregoing which, at any
<br />time during the Term, shall be or become due and payable and which:
<br />(a) Shall be levied, assessed, or imposed against the Premises or the Improvements
<br />or any interest of Lessor or Lessee under this Lease; or
<br />(b) Shall be or become liens against the Premises or the Improvements or any
<br />interest of Lessor or Lessee under this Lease; or
<br />(c) Shall be levied, assessed, or imposed on or against Lessor by reason of any
<br />actual or asserted engagement by Lessor or Lessee, directly or indirectly, m any business, occupation, or
<br />other activity in connection with the Premises or the Improvements; or
<br />Ground Lease Courthouse Squaze
<br />Page - 6
<br />
|