Common use of SEVENTH Clause in Contracts

SEVENTH. If the Tenant shall make default in the performance of any covenant herein contained, the Landlord may immediately, or at any time thereafter, without notice, perform the same for the account of the Tenant. If a notice of mechanic’s lien be filed against the demised premises or against premises of which the demised premises are part, for, or purporting to be for, labor or material alleged to have been furnished, or to be furnished to or for the Tenant at the demised premises, and if the Tenant shall fail to take such action as shall cause such lien to be discharged within fifteen days after the filing of such notice, the Landlord may pay the amount of such lien or discharge the same by deposit or by bonding proceedings, and in the event of such deposit or bonding proceedings, the Landlord may require the lienor to prosecute an appropriate action to enforce the lienor's claim. In such case, the Landlord may pay any judgment recovered on such claim. Any amount paid or expense incurred by the Landlord as in this subdivision of this lease provided, and any amount as to which the Tenant shall at any time be in default for or in respect to the use of water, electric current or sprinkler supervisory service, and any expense incurred or sum of money paid by the Landlord by reason of the failure of the Tenant to comply with any provision hereof, or in defending any such action, shall be deemed to be of any other “additional rent” for the demised premises, and shall be due and payable by the Tenant to the Landlord on the first day of the next following month, or, at the option of the Landlord, on the first day of any succeeding month. The receipt by the Landlord of any installment of the regular stipulated rent hereunder or any of said “additional rent” shall not be a waiver of any other “additional rent” then due.

SEVENTH. If No act or thing done by Landlord or its agents during the Tenant term hereby granted shall make default be deemed an acceptance of a surrender of said premises, and no agreement to accept a surrender of said premises shall be valid unless the same be made in writing and subscribed by Landlord. The provision in this case of any particular remedy shall not preclude Landlord from any other remedy Landlord might have, either in law or in equity, nor shall the performance waiver of or redress for any violation of any covenant herein contained, the Landlord may immediately, or at condition in this lease contained or any time thereafter, without notice, perform the same for the account of the Tenantrules and regulations set forth herein in Exhibit "B" or hereafter adopted by Landlord, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. If a notice of mechanic’s lien In case it should be filed against the demised premises necessary or against premises of which the demised premises are part, for, or purporting proper for Landlord to be for, labor or material alleged to have been furnished, bring any action under this lease or to be furnished to consult or place said lease, for any amount payable by Tenant thereunder, with an attorney concerning or for the enforcement of any of Landlord's rights hereunder, then Tenant at agrees in each and any such case to pay to Landlord a reasonable attorney's fee. The receipt by Landlord of rent with knowledge of the demised premisesbreach of any covenant in this lease contained, shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of the rules and regulation set forth in Exhibit "B", or hereafter adopted, against the Tenant and/or any other tenant in the building shall not be deemed a waiver of such rules and regulations. The receipt by Landlord of rent from any assignee, under-tenant or occupant of said premises shall not be deemed a waiver of the covenant in this lease contained, against assignment, and if underletting or an acceptance of the assignee, undertenant or occupant as Tenant, or a release of Tenant shall fail to take such action as shall cause such lien to be discharged within fifteen days after form the filing further observance or performance by Tenant of such notice, the Landlord may pay the amount of such lien or discharge the same by deposit or by bonding proceedings, and in the event of such deposit or bonding proceedings, the Landlord may require the lienor to prosecute an appropriate action to enforce the lienor's claim. In such case, the Landlord may pay any judgment recovered on such claim. Any amount paid or expense incurred by the Landlord as covenant in this subdivision of this lease providedcontained, and any amount as to which on the Tenant shall at any time be in default for or in respect to the use of water, electric current or sprinkler supervisory service, and any expense incurred or sum of money paid by the Landlord by reason of the failure part of the Tenant to comply with any be observed and performed. No provision hereof, or in defending any such action, of this lease shall be deemed to have been waived by Landlord unless such waiver be in writing signed by Landlord. In case of termination of this lease by Landlord under any other “additional rent” for option herein provided for, Landlord may re-enter the demised premisespremises without notice or demand, and an in that event rent shall be become due and payable by be apportioned and paid up to and including the Tenant to the Landlord on the first day of the next following month, or, at the option of the Landlord, on the first day of any succeeding month. The receipt by the Landlord of any installment of the regular stipulated rent hereunder or any of said “additional rent” shall not be a waiver of any other “additional rent” then duesuch entry.

SEVENTH. If Lessee shall take good care of the Tenant premises and shall promptly make default all repairs in and about the premises required by reason of the installation, use, or operation of equipment, machinery, or property in the performance of any covenant herein containedpremises, the Landlord may immediatelymoving of Lessee's property in, on or about the premises, and/or the misuse, act, or neglect of Lessee or any of its employees, agents, contractors, or invitee. All repairs shall be in compliance with any applicable governmental rules and regulations, including Lessee's obtaining any necessary building permits and licenses if required, and the cost thereof shall be at any time thereafter, without notice, perform the same for the account of the Tenant. If a notice of mechanic’s lien be filed against Lessee's sole expense and paid by Lessee in cash or its equivalent so that the demised premises shall at all times be free of liens for labor and materials supplied or against premises of which the demised premises are part, for, or purporting to be for, labor or material alleged claimed to have been furnished, or supplied to be furnished to or for the Tenant at the demised premises. Any alterations shall immediately become the property of Lessor, and if subject only to the Tenant shall fail to take such action as shall cause such lien to be discharged within fifteen days after the filing use of such notice, the Landlord may pay the amount of such lien or discharge the same by deposit Lessee during the term of this Lease. It is hereby agreed and understood between Lessor and Lessee that in the event the Lessor decides to remodel, alter or by bonding proceedingsdemolish all or any part of the premises leased hereunder, and or in the event of such deposit the sale or bonding proceedingslong term lease of all or any part of the premises requiring this space, the Landlord may require Lessee hereby agrees to vacate same upon receipt of sixty (60) days written notice and the lienor return of any advance rental paid on account of this lease. Lessee covenants that, during the term of this lease, it will, at its expense, keep in good order, repair, or replacement, if necessary, all air conditioning equipment, doors, wiring, plumbing and sewerage equipment, overhead doors, and lighting fixtures located in the leased premises. in the event Lessee requests Lessor to prosecute an appropriate action perform routine overhead door or lighting fixture maintenance, Lessee agrees to enforce reimburse Lessor for any materials used on the lienorjob as well as Lessor's claimlabor rate of $25.00 per hour. In addition, Lessee agrees that it shall not cause accumulation of waste, garbage or other debris, in the exterior area of the Lessor's property. The Lessee will not erect tents, nor store any trailers, vans, shacks, tanks or any other temporary buildings or structures without the written consent of the Lessor. In the event Lessee should fall to make the repairs or replacements required of Lessee forthwith upon notice by Lessor, Lessor, in addition to all other remedies available hereunder or by law and without waiving any of said alternative remedies, may make same and Lessee agrees to repay Lessor the cost thereof as part of the rental payable as such case, on the Landlord may next day upon which rent becomes as failure to pay any judgment recovered on such claiminstallment of rental. Any amount paid Lessee waives all right to make repairs at the expense of Lessor as provided for in any statute or expense incurred by law in effect at the Landlord as in time of execution of this subdivision tease or any amendment thereof or any other statute or law which may be hereafter enacted during the term of this lease providedand agrees upon the expiration of the term of this lease or sooner termination hereof to surrender unto Lessor the demised premises in the same condition as received, ordinary wear and tear and damage by earthquake, act of God, the elements, or fire not attributable in any amount as to which the Tenant shall at any time be in default for or in respect to Lessee, alone excepted. Lessor agrees to make necessary repairs to the use of waterroof, electric current or sprinkler supervisory serviceexterior walls, foundations and any expense incurred or sum of money paid by the Landlord by reason parking areas only, within reasonable time after Lessee has notified Lessor in writing of the failure need for such repair. Lessee agrees during the full term of this lease, at its own cost and expense, to make all other repairs and replacements of whatever kind or nature, either to the Tenant to comply with any provision hereofexterior, including walks, or in defending any such action, shall be deemed to be the interior of any other “additional rent” for the demised said premises, less repairs to roof, exterior walls, foundations and shall be due and payable parking areas, unless said last mentioned damage was done by the Tenant to the Landlord on the first day of the next following monthLessee, oror its agents, at the option of the Landlordemployees, on the first day of any succeeding month. The receipt by the Landlord of any installment of the regular stipulated rent hereunder contractors or any of said “additional rent” shall not be a waiver of any other “additional rent” then dueservants.

SEVENTH. If Lessee shall take good care of the Tenant premises and shall promptly make default all repairs in and about the premises required by reason of the installation, use, or operation of equipment, machinery, or property in the performance of any covenant herein containedpremises, the Landlord may immediatelymoving of Lessee's property in, on or about the premises, and/or the misuse, act, or neglect of Lessee or any of its employees, agents, contractors, or invitee. All repairs shall be in compliance with any applicable governmental rules and regulations, including Lessee's obtaining any necessary building permits and licenses if required, and the cost thereof shall be at any time thereafter, without notice, perform the same for the account of the Tenant. If a notice of mechanic’s lien be filed against Lessee's sole expense and paid by Lessee in cash or its equivalent so that the demised premises shall at all times be free of liens for labor and materials supplied or against premises of which the demised premises are part, for, or purporting to be for, labor or material alleged claimed to have been furnished, or supplied to be furnished to or for the Tenant at the demised premises. Any alterations shall immediately become the property of Lessor, and if subject only to the Tenant shall fail to take such action as shall cause such lien to be discharged within fifteen days after the filing use of such notice, the Landlord may pay the amount of such lien or discharge the same by deposit Lessee during the term of this Lease. It is hereby agreed and understood between Lessor and Lessee that in the event the Lessor decides to remodel, alter or by bonding proceedingsdemolish all or any part of the premises leased hereunder, and or in the event of such deposit the sale or bonding proceedingslong term lease of all or any part of the premises requiring this space, the Landlord may require Lessee hereby agrees to vacate same upon receipt of sixty (60) days written notice and the lienor to prosecute an appropriate action to enforce return of any advance rental paid on account of this lease. Lessee covenants that during the lienor's claim. In such case, the Landlord may pay any judgment recovered on such claim. Any amount paid or expense incurred by the Landlord as in this subdivision term of this lease providedit will, at its expense, keep In good order and repair the leased premises, including but not by way of limitation, all air conditioning equipment, doors, wiring, plumbing and sewerage equipment, overhead doors, and lighting fixtures located therein. In the event Lessee requests Lessor to perform routine overhead door or lighting fixture maintenance, Lessee agrees to reimburse Lessor for any amount materials used on the job as to which well as Lessor's labor rate of $25.00 per hour. In addition, Lessee agrees that it shall not cause accumulation of waste, garbage or other debris, in the Tenant shall at any time be in default for or in respect to the use of water, electric current or sprinkler supervisory service, and any expense incurred or sum of money paid by the Landlord by reason exterior area of the failure Lessor's property. The Lessee will not erect tents, nor store any trailers, vans, shacks, tanks or any other temporary buildings or structures without the written consent of the Tenant Lessor. In the event Lessee should fail to comply with make the repairs required of Lessee forthwith upon notice by Lessor, Lessor, in addition to all other remedies available hereunder or by law and without waving any provision hereofof said alternative remedies, or in defending any may make same and Lessee agrees to repay Lessor the cost thereof as part of the rental payable as such action, shall be deemed to be of any other “additional rent” for the demised premises, and shall be due and payable by the Tenant to the Landlord on the first next day of the next following month, or, at the option of the Landlord, on the first day of any succeeding month. The receipt by the Landlord of upon which rent becomes as failure to pay any installment of rental. Lessee waives all right to make repairs at the regular stipulated rent hereunder expense of Lessor as provided for in any statute or law in effect at the time of execution of this lease or any of said “additional rent” shall not be a waiver of amendment thereof or any other “additional rent” then due.statute or law which may be hereafter enacted during the term of this lease and agrees upon the expiration of the term of this lease or sooner termination hereof to surrender unto Lessor the demised premises in the same condition as received, ordinary wear and tear and damage by earthquake, act of God, the elements, or fire not attributable in any respect to Lessee, alone excepted. Lessor agrees to make necessary repairs to the roof, exterior wails, foundations and parking areas only, within reasonable time after

SEVENTH. If Prior to the Surrender Date, Tenant shall make default install and construct a demising wall to separate the Surrender Premises from the Demised Premises as shown on the plan attached hereto as Exhibit C (“Tenant’s Work”). In consideration of Tenant (i) performing, completing and fully paying for Tenant’s Work (and soft costs associated therewith) and (ii) paying for the relocation costs (“Relocation Costs”) actually incurred by Tenant in connection with its surrender of the performance Surrender Premises prior to the Surrender Date, Landlord agrees that if Tenant shall have submitted to Landlord (a) receipted paid bills for the completion of any covenant herein containedTenant’s Work and payment of the Relocation Costs and (b) partial and final lien waivers to the effect that there has not been filed with respect to the Building, the Demised Premises and/or the Surrender Premises or any part thereof or upon Tenant’s leasehold interest therein any vendor’s mechanic’s, laborer’s. materialman’s or other lien which has not been discharged of record, Landlord may immediately, shall reimburse or at any time thereafter, without notice, perform cause to be reimbursed to Tenant within thirty (30) days after satisfaction of all of the same for conditions set forth in this Article an amount equal to the account lesser of (i) the actual cost of the Tenant’s Work and Relocation Costs or (ii) Seventy Two Thousand Five Hundred Sixty and 00/100 Dollars ($72,560.00) representing “Landlord’s Contribution” to such work, it being understood and agreed that Landlord’s Contribution shall not exceed the sum of Seventy Two Thousand Five Hundred Sixty and 00/100 Dollars ($72,560.00), and that all costs and expenses in excess of said sum shall be borne solely by Tenant. If a Tenant shall provide Landlord with five (5) days advance written notice of mechanicthe completion of Tenant’s lien be filed against Work. Notwithstanding anything contained herein to the demised premises or against premises of which the demised premises are partcontrary, for, or purporting to be for, labor or material alleged to have been furnished, or to be furnished to or for the Tenant at the demised premises, and if the Tenant shall fail to take such action as shall cause such lien to be discharged within fifteen days after the filing of such notice, the Landlord may pay the amount of such lien or discharge the same by deposit or by bonding proceedings, and in the event of such deposit or bonding proceedingsTenant’s Work is not completed, the Landlord may require the lienor to prosecute an appropriate action to enforce the lienor's claim. In such case, the Landlord may pay any judgment recovered on such claim. Any amount paid or expense incurred as reasonably determined by the Landlord as in this subdivision of this lease providedLandlord, and any amount as to which the Tenant shall at any Surrender Date does not occur, by August 31, 2010, time be in default for or in respect to the use of water, electric current or sprinkler supervisory service, and any expense incurred or sum of money paid by the Landlord by reason being of the failure of the essence, (i) Landlord shall have no obligation to pay Landlord’s Contribution, (ii) Tenant to comply with any provision hereof, or in defending any such action, shall be deemed in default under the Original Lease, entitling Landlord to be of any other “additional rent” for the demised premisesall remedies available to it thereunder and at law and equity, and (iii) at Landlord’s sole option, this Agreement shall be due nullified and payable by of no force and effect and the Tenant to the Landlord on the first day terms and conditions of the next following month, or, at the option of the Landlord, on the first day of any succeeding month. The receipt by the Landlord of any installment of the regular stipulated rent hereunder or any of said “additional rent” Original Lease shall not be a waiver of any other “additional rent” then duecontrol and govern.

SEVENTH. If The Landlord covenants that, if the Tenant shall make default in duly keep and perform all the performance terms and conditions hereof, the Tenant shall peaceably and quietly have, hold and enjoy the premises for the term aforesaid, subject however to ground leases, underlying leases and mortgages as herein before described, and to the lien, rights and estate by virtue of unpaid taxes of any covenant herein contained, the Landlord may immediately, or at any time thereafter, without notice, perform the same for the account government having jurisdiction of the Tenant. If a notice of mechanic’s lien be filed against the demised premises or against premises of which the herein demised premises are a part. If the Landlord shall hereafter sell, forexchange or lease the entire building, subject to this lease, or, being the lessee thereof, shall assign its lease, the grantee, lessee, or purporting assignee thereof, as the case may be, shall, without further agreement by any party, be conclusively deemed to be for, labor or material alleged the Landlord of this lease and to have been furnishedassumed and undertaken to carry out all of the obligations hereof on the part of the Landlord to be performed, and the Tenant does hereby release the above named Landlord from any claim or liability arising or accruing hereunder, subsequent to such transfer or ownership or possession, for breach of the covenant or quiet enjoyment, or otherwise. [TWENTY-EIGHTH INTENTIONALLY DELETED] PASSENGER ELEVATORS, HEAT TWENTY-NINTH: The Landlord shall furnish, passenger elevator service with the elevators now in the building, and sufficient heat during the cold season to be furnished heat the premises. The Landlord may suspend such service, if it should become necessary or proper to do so, at any time. The Landlord shall restore such service within a reasonable time, making due allowance for labor troubles, acts of God, or for any cause beyond the Landlord's control. Should the Tenant at be in default in the demised premises, and if the Tenant shall fail to take such action as shall cause such lien to be discharged within fifteen days after the filing payment of such noticeany rent hereunder, the Landlord may pay may, without notice and without diminution of the amount liability of such lien or discharge the same by deposit or by bonding proceedingsTenant hereunder, and in without constituting a constructive eviction, suspend or refuse the event Tenant freight and passenger elevator service. Should the Tenant, after notice, violate the provisions of such deposit or bonding proceedingsRule 14, the Landlord may require the lienor to prosecute an appropriate action to enforce the lienor's claim. In may, without any diminution of such caseliability or constituting such eviction, the Landlord may pay any judgment recovered on such claim. Any amount paid suspend or expense incurred by the Landlord as in this subdivision of this lease provided, and any amount as to which refuse the Tenant shall at any time be freight elevator service until the conditions in default for or in respect to the use violation of water, electric current or sprinkler supervisory service, and any expense incurred or sum of money paid by the Landlord by reason of the failure of the Tenant to comply with any provision hereof, or in defending any such action, shall be deemed to be of any other “additional rent” for the demised premises, and shall be due and payable by the Tenant to the Landlord on the first day of the next following month, or, at the option of the Landlord, on the first day of any succeeding monthRule 14 have been fully remedied. The receipt by the Landlord of any installment of the regular stipulated rent hereunder or any of said “additional rent” shall not be a waiver of any other “additional rent” then due.WATER AND SEWER RENTS

SEVENTH. If The Landlord covenants that if the Tenant shall make duly keep and perform all the terms and conditions hereof, the Tenant shall peaceably and quietly have, hold and enjoy the premises for the term aforesaid, subject however to ground leases, underlying leases and mortgages as hereinbefore described, and to the lien rights and estate by virtue of unpaid taxes of any government having jurisdiction of the premises of which the herein demised premises are a part. If the Landlord shall hereafter sell, exchange or lease the entire building, subject to this lease, or, being the lessee thereof, shall assign its lease, the grantee lessee, or assignee thereof, as the case may be, shall, without further agreement by any party, be conclusively deemed to be the Landlord of this lease and to have assumed and undertaken to carry out all of the obligations hereof on the part of the Landlord to be performed, and the Tenant does hereby release the above named Landlord from any claim or liability arising or accruing hereunder subsequent to such transfer of ownership or possession, for breach of the covenant of quiet enjoyment, or otherwise. ELEVATORS, HEAT TWENTY-NINTH: Except on Saturdays and Sundays,and on holidays recognized as legal holidays by State or Federal Government, the Landlord shall furnish, between the hours of eight A.M. and six P.M. elevator service with the elevators now in the building, and sufficient heat during the cold season to heat the premises. The Landlord may suspend such service, if it should become necessary or proper so to do, at any time. The Landlord shall restore such service within a reasonable time, making due allowance for labor troubles, acts of God, or any cause beyond the Landlord's control. Should the Tenant be in default in the performance payment of any covenant herein containedrent hereunder, the Landlord may immediately, or at any time thereaftermay, without notice, perform the same for the account and without diminution of the Tenant. If a notice liability of mechanic’s lien be filed against the demised premises or against premises of which the demised premises are part, for, or purporting to be for, labor or material alleged to have been furnished, or to be furnished to or for the Tenant at the demised premiseshereunder, and if without constituting an eviction, constructive or otherwise, suspend or refuse the Tenant shall fail to take such action as shall cause such lien to be discharged within fifteen days freight and passenger elevator service and should the Tenant, after notice, violate the filing provisions of such noticeRule 14, the Landlord may pay the amount may, without any diminution of such lien liability or discharge the same by deposit constituting such eviction, suspend or by bonding proceedings, and in the event of such deposit or bonding proceedings, the Landlord may require the lienor to prosecute an appropriate action to enforce the lienor's claim. In such case, the Landlord may pay any judgment recovered on such claim. Any amount paid or expense incurred by the Landlord as in this subdivision of this lease provided, and any amount as to which refuse the Tenant shall at any time be freight elevator service until the conditions in default for or in respect to the use violation of water, electric current or sprinkler supervisory service, Rule 14 have been fully remedied. Paragraph Twenty - Ninth continued on Rider 2 attached and any expense incurred or sum made part of money paid by the Landlord by reason of the failure of the Tenant to comply with any provision hereof, or in defending any such action, shall be deemed to be of any other “additional rent” for the demised premises, and shall be due and payable by the Tenant to the Landlord on the first day of the next following month, or, at the option of the Landlord, on the first day of any succeeding monthlease. The receipt by the Landlord of any installment of the regular stipulated rent hereunder or any of said “additional rent” shall not be a waiver of any other “additional rent” then due.WATER AND SEWER RENTS

SEVENTH. If the Tenant shall make default in the performance of any covenant herein contained, the Landlord may immediately, or at any time thereafter, without notice, perform the same for the account of the Tenant. If a notice of mechanic’s lien be filed against the demised premises or against premises of which the demised premises are part, for, or purporting to be for, labor or material alleged to have been furnished, or to be furnished to or for the Tenant at the demised premises, and if the Tenant shall fail to take such action as shall cause such lien to be discharged within fifteen days after the filing of such notice, the Landlord may pay the amount of such lien or discharge the same by deposit or by bonding proceedings, and in the event of such deposit or bonding proceedings, the Landlord may require the lienor to prosecute an appropriate action to enforce the lienor's claim. In such case, the Landlord may pay any judgment recovered on such claim. Any amount paid or expense incurred by the Landlord as in this subdivision of this lease provided, and any amount as to which the Tenant shall at any time be in default for or in respect to the use of water, electric current or sprinkler supervisory service, and any expense incurred or sum of money paid by the Landlord by reason of the failure of the Tenant to comply with any provision hereof, or in defending any such action, shall be deemed to be of any other “additional rent” for the demised premises, and shall be due and payable by the Tenant to the Landlord on the first day of the next following month, or, at the option of the Landlord, on the first day of any succeeding month. The receipt by the Landlord of any installment instalment of the regular stipulated rent hereunder or any of said “additional rent” shall not be a waiver of any other “additional rent” then due.

SEVENTH. If the Tenant shall make default in the performance of any covenant herein contained, the Landlord may immediately, or at any time thereafter, without notice, perform the same for the account of the Tenant. If a notice of mechanic’s 's lien be filed against the demised premises or against premises of which the demised premises are part, for, or purporting to be for, labor or material alleged to have been furnished, or to be furnished to or for the Tenant at the demised premises, and if the Tenant shall fail to take such action as shall cause such lien to be discharged within fifteen days after the filing of such notice, the Landlord may pay the amount of such lien or discharge the same by deposit or by bonding proceedings, and in the event of such deposit or bonding proceedings, the Landlord may require the lienor to prosecute an appropriate action to enforce the lienor's claim. In such case, the Landlord may pay any judgment recovered on such claim. Any amount paid or expense incurred by the Landlord as in this subdivision of this lease provided, and any amount as to which the Tenant shall at any time be in default for or in respect to the use of water, electric current or sprinkler supervisory service, and any expense incurred or sum of money paid by the Landlord by reason of the failure of the Tenant to comply with any provision hereof, or in defending any such action, shall be deemed to be of any other “"additional rent” " for the demised premises, and shall be due and payable by the Tenant to the Landlord on the first day of the next following month, or, at the option of the Landlord, on the first day of any succeeding month. The receipt by the Landlord of any installment of the regular stipulated rent hereunder or any of said “"additional rent” " shall not be a waiver of any other “"additional rent” " then due.

SEVENTH. If Lessee shall take good care of the Tenant premises and shall promptly make default all repairs in and about the premises required by reason of the installation, use, or operation of equipment, machinery, or property in the performance of any covenant herein containedpremises, the Landlord may immediatelymoving of Lessee's property in, on or about the premises, and/or the misuse, act, or neglect of Lessee or any of its employees, agents, contractors, or invitee. All repairs shall be in compliance with any applicable governmental rules and regulations, including Lessee's obtaining any necessary building permits and licenses if required, and the cost thereof shall be at any time thereafter, without notice, perform the same for the account of the Tenant. If a notice of mechanic’s lien be filed against Lessee's sole expense and paid by Lessee in cash or its equivalent so that the demised premises shall at all times be free of liens for labor and materials supplied or against premises of which the demised premises are part, for, or purporting to be for, labor or material alleged claimed to have been furnished, or supplied to be furnished to or for the Tenant at the demised premises. Any alterations shall immediately become the property of Lessor, and if subject only to the Tenant shall fail to take such action as shall cause such lien to be discharged within fifteen days after the filing use of such notice, the Landlord may pay the amount of such lien or discharge the same by deposit Lessee during the term of this Lease. It is hereby agreed and understood between Lessor and Lessee that in the event the Lessor decides to remodel, alter or by bonding proceedingsdemolish all or any part of the premises leased hereunder, and or in the event of such deposit the sale or bonding proceedingslong term lease of all or any part of the premises requiring this space, the Landlord may require Lessee hereby agrees to vacate same upon receipt of sixty (60) days written notice and the lienor to prosecute an appropriate action to enforce return of any advance rental paid on account of this lease. Lessee covenants that during the lienor's claim. In such case, the Landlord may pay any judgment recovered on such claim. Any amount paid or expense incurred by the Landlord as in this subdivision term of this lease providedit will, at its expense, keep in good order and repair the leased premises, including but not by way of limitation, all air conditioning equipment, doors, wiring, plumbing and sewerage equipment, overhead doors, and lighting fixtures located therein. In the event Lessee requests Lessor to perform routine overhead door or lighting fixture maintenance, Lessee agrees to reimburse Lessor for any amount materials used on the job as to which well as Lessor's labor rate of $25.00 per hour. In addition, Lessee agrees that it shall not cause accumulation of waste, garbage or other debris, in the Tenant shall at any time be in default for or in respect to the use of water, electric current or sprinkler supervisory service, and any expense incurred or sum of money paid by the Landlord by reason exterior area of the failure Lessor's property. The Lessee will not erect tents, nor store any trailers, vans, shacks, tanks or any other temporary buildings or structures without the written consent of the Tenant Lessor. In the event Lessee should fail to comply with make the repairs required of Lessee forthwith upon notice by Lessor, Lessor, in addition to all other remedies available hereunder or by law and without waiving any provision hereofof said alternative remedies, or in defending any may make same and Lessee agrees to repay Lessor the cost thereof as part of the rental payable as such action, shall be deemed to be of any other “additional rent” for the demised premises, and shall be due and payable by the Tenant to the Landlord on the first next day of the next following month, or, at the option of the Landlord, on the first day of any succeeding month. The receipt by the Landlord of upon which rent becomes as failure to pay any installment of rental. Lessee waives all right to make repairs at the regular stipulated rent hereunder expense of Lessor as provided for in any statute or law in effect at the time of execution of this lease or any amendment thereof or any other statute or law which may be hereafter enacted during the term of this lease and agrees upon the expiration of the term of this lease or sooner termination hereof to surrender unto Lessor the demised premises in the same condition as received, ordinary wear and tear and damage by earthquake, act of God, the elements, or fire not attributable in any respect to Lessee, alone excepted. Lessor agrees to make necessary repairs to the roof, exterior walls, foundations and parking areas only, within reasonable time after Lessee has notified Lessor in writing of the need for such repair. Lessee agrees during the full term of this lease, at its own cost and expense, to make all other repairs and replacements of whatever kind or nature, either to the exterior, including walks, or to the interior of said “additional rent” shall not be a waiver of any other “additional rent” then duepremises, less repairs to roof, exterior walls, foundations and parking areas, unless said last mentioned damage was done by Lessee, or its agents, employees, contractors or servants.