|
respect to such Alterations and that their lien rights have been waived or released. In the event
<br /> any such lien shall nonetheless be filed, Tenants shall, within one hundred eighty (180) days
<br /> after Tenants' receipt of notice of such lien, discharge the same by bond or payment of the
<br /> amount due the lien claimant. Tenants may in good faith contest any such lien, provided that
<br /> within such one hundred eighty (180) day period Tenants provides Landlord with a surety bond
<br /> or other form of security reasonably acceptable to Landlord protecting against said lien. In the
<br /> event Tenants fails to either discharge such lien or protect against such lien in accordance with
<br /> the foregoing, then (i) Landlord shall have the right (but not the obligation) to pay such lien or
<br /> post a bond to protect against such lien and pass through such costs to Tenants as Additional
<br /> Rent; and (ii) such failure shall constitute an Event of Default. If Landlord exercises its right to,
<br /> and does, pay such lien or post a bond, in addition to any other remedies available to Landlord
<br /> under this Lease, Tenants agrees to pay Landlord, as Additional Rent, the sum equal to the
<br /> amount of the lien thus discharged by Landlord or the cost of such bond, plus all costs and
<br /> expenses, including reasonable attorneys' and paralegals' fees and court costs, incurred by
<br /> Landlord in discharging such lien.
<br /> (f) The interest of Landlord in the Demised Property shall not be subject in
<br /> any way to any liens for improvements to or other work performed to the Demised Property by
<br /> or on behalf of Tenants. Tenants shall have no power or authority to create any lien or permit any
<br /> lien to attach to the present estate, reversion, or other interest of Landlord in the Demised
<br /> Property. All mechanics, materialmen, contractors, laborers, artisans, suppliers, and other parties
<br /> contracting with Tenants, its representatives or contractors with respect to the Demised Property
<br /> are hereby given notice that they must look solely to Tenants to secure payment for any labor,
<br /> services or materials furnished or to be furnished to Tenants, or to anyone holding the Demised
<br /> Property through or under Tenants during the term of this Lease.
<br /> ARTICLE 7 REPAIRS AND MAINTENANCE
<br /> Section 7.1 Except as otherwise provided in this Article, Tenants, at their sole
<br /> cost and expense, shall maintain the Demised Property and each part thereof, structural and non-
<br /> structural, in good order, condition and repair, including all areas outside of any buildings
<br /> (including all sidewalks, driveways, landscaping, trash enclosures, and trash compacting and
<br /> loading areas on the Demised Property), and including any roof on any buildings, in a neat and
<br /> clean condition, and ensuring that debris from the operation of each convenience food store
<br /> and/or retail automobile fuel station or other Permitted Use on the Demised Property is cleaned
<br /> and removed on a regular basis) and, subject to the terms and conditions of Article 6, shall make
<br /> any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or
<br /> unforeseen, but subject to Article 11 and Article 12. Without limitation, (a) no Repairs shall
<br /> result in any structural damage to the Demised Property or any injury to any persons, (b) Tenants
<br /> shall ensure that the quality of materials and workmanship of any Repairs meets or exceeds the
<br /> quality of materials and workmanship of the Improvements prior to the need for such Repairs;
<br /> (c) all Repairs shall fully comply with applicable Law, including requirements of any Americans
<br /> with Disabilities Act(ADA) laws and regulations, the requirements of any covenants, conditions,
<br /> restrictions or other permitted encumbrances that are of record regarding the Demised Property,
<br /> and any applicable repair standards and requirements promulgated by Tenants for its (or its
<br /> subsidiaries' or Affiliates' or franchisees') properties or by Tenants' franchisor (if applicable).
<br /> 9
<br />
|