005
<br /> improvement to the interior of the Leased Premises. Any equipment replaced by the Tenant
<br /> shall belong to the Tenant, save equipment replaced in connection with Tenant's obligation to
<br /> maintain the premises in the same condition as exists at the commencement of this lease, and
<br /> all proceeds from the disposition thereof may be retained by the Tenant. The Tenant shall
<br /> indemnify the County against all costs, expenses, liabilities, losses, damages, suits, fines,
<br /> penalties, claims and demands including reasonable attorneys' fees, because of Tenant's failure
<br /> to comply with the foregoing. Maintenance of the paved parking area shall be defined as and
<br /> limited to maintaining and keeping the parking area in good condition.
<br /> 9. Fixtures, furniture and equipment ("FFE") and Improvements. No substantial
<br /> alteration, addition or improvement to the Leased Premises shall be made by the Tenant without
<br /> the written consent of the County. Any alteration, addition or improvement made by the Tenant
<br /> after such consent shall have been given and any FFE permanently installed as part thereof,
<br /> shall at the County's option, become the property of the County upon expiration of or other
<br /> sooner termination of this lease; provided however, that the County shall have the right to
<br /> require the Tenant to remove such FFE at the Tenant's cost upon such termination. This clause
<br /> shall not preclude Tenant from decorating the interior of the leased premises from time to time
<br /> in Tenant's discretion. Tenant shall not remove or alter any vegetation on the exterior of the
<br /> Leased Premises without the prior written approval of County.
<br /> 10. Liens for Improvements by Tenant. The Tenant shall not permit any
<br /> mechanic's lien to be filed against the fee of the property by reason of work, labor, services or
<br /> materials supplied or claimed to have been supplied, whether prior or subsequent to the
<br /> commencement of the term hereof, to the Tenant or anyone holding the Leased Premises,
<br /> through or under the Tenant. If any such mechanic's lien shall at any time be filed against the
<br /> Leased Premises, the Tenant shall, within 30 days after notice of the filing thereof, cause such
<br /> lien to be discharged of record by payment, deposit, bond, order of a court of competent
<br /> jurisdiction, or otherwise. If the Tenant shall fail to cause such lien to be discharged within such
<br /> 30 day period, then, in addition to any other right or remedy of the County, the County may, but
<br /> shall not be obligated to, discharge such lien either by paying the amount claimed to be due or
<br /> by procuring the discharge of such lien by deposit or by bonding proceedings, and in any such
<br /> event the County shall be entitled, if the County so elects, to compel the prosecution of an
<br /> action for the foreclosure of such mechanic's lien by the lienor and to pay the amount of the
<br /> judgment for and in favor of the lienor, with interest, costs and all other allowances. Any
<br /> amount paid by the County for any such purposes, shall be repaid by the Tenant to the County
<br /> on demand, with interest thereon at the rate of 6% per annum from the date of payment, and if
<br /> unpaid may be treated as additional rent as provided for elsewhere in this lease. Nothing in
<br /> this lease shall be construed in any way as constituting the consent or request of the County,
<br /> express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or
<br /> materialmen for the performance of any labor or the furnishing of any materials for any property
<br /> or as giving the Tenant the right, power of authority to contract for or permit the rendering of
<br /> any service or the furnishing of any material that would give rise to the filing of any mechanic's
<br /> lien against the fee of the Leased Premises.
<br /> 11. Tenant's Warranty of Non-Disturbance. Tenant hereby expressly covenants
<br /> and agrees that the Tenant shall be responsible for controlling the noise level emanating from
<br /> the Tenant's use of the Leased Premises. Tenant shall be responsible for and pay for the
<br /> installation of any special padding for other noise suppression devices that may be required for
<br /> control of the level of sound emanating from the Leased Premises.
<br /> 4
<br />
|