|
fees and expenses incurred by Lessor in connection with Lessee's improvement plans and/or
<br />landscape plans, pursuant to this paragraph, together with any legal and consulting' fees and
<br />disbursements incurred in the review of any improvement plans, landscape plans, "as -built"
<br />plans, construction contracts, landscape contracts or any other documentation, will be paid by
<br />Lessee within thirty (30) days of invoice for payment thereof, as Additional Rent. Any
<br />Alterations to the Leased Premises made by or installed by either party hereto will remain upon
<br />and be surrendered with the Leased Premises and become the property of Lessor upon the
<br />expiration or earlier termination of this Lease without credit to Lessee; provided, however,
<br />Lessor, at its option, may require Lessee to remove or repair any Alterations to restore the
<br />Leased Premises to the condition existing at the time Lessee took possession, with all costs of
<br />removal, repair, restoration, or alterations, including, without limitation, removal of any trees,
<br />plants, shrubbery and vegetation to be borne by Lessee. This clause will not apply to moveable
<br />equipment, furniture moveable trade fixtures, or other personal property owned by Lessee, which
<br />shall be considered Lessee's Property for purposes of paragraph 14 and shall be removed by
<br />Lessee in accordance with Paragraph 14. Lessee will have no authority or power, express or
<br />implied, to create or cause any construction lien or mechanics' or materialmen's lien or claim of
<br />any kind against the Leased Premises or any portion thereof or any portion of the ROW. Lessee
<br />will promptly cause any such liens or claims to be released by payment, bonding or otherwise,
<br />but in any event not more than thirty (30) days after request by Lessor, and will indemnify
<br />Lessor, BRIGHTLINE and the Railway against losses arising out of any such claim including,
<br />without limitation, legal fees and court costs. NOTICE IS HEREBY GIVEN THAT LESSOR,
<br />BRIGHTLINE AND THE RAILWAY WILL NOT BE LIABLE FOR ANY LABOR,
<br />SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO LESSEE, OR TO
<br />ANYONE HOLDING THE PREMISES THROUGH OR UNDER LESSEE, AND THAT NO
<br />MECHANICS' OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS
<br />WILL ATTACH TO OR AFFECT THE INTEREST OF LESSOR BRIGHTLINE AND/OR
<br />THE RAILWAY IN THE PREMISES. LESSEE WILL DISCLOSE THE FOREGOING
<br />PROVISIONS TO ANY CONTRACTOR ENGAGED BY LESSEE PROVIDING LABOR,
<br />SERVICES OR MATERIAL TO THE LEASED PREMISES.
<br />Lessee agrees and acknowledges that Lessor intends to consult with the Railway and
<br />BRIGHTLINE to confirm whether or not the Railway and/or BRIGHTLINE objects to any
<br />proposed Alterations, and upon the written request of Lessor, Lessee shall work directly with
<br />the Railway and/or BRIGHTLINE to resolve any issues identified by the Railway and/or
<br />BRIGHTLINE with respect to any such proposed Alterations.
<br />16. Assignment
<br />Lessee will not assign this Lease, in whole or in part, or sublease the Leased
<br />Premises, in whole or in part, without the prior written consent of Lessor, which consent may be
<br />granted or withheld in Lessor's sole discretion, and in no event will Lessee be released from any
<br />obligation or liability under this Lease following any such assignment or sublease. Along with
<br />Lessee's request to Lessor to assign this Lease or sublease the Leased Premises, Lessee shall
<br />provide, along with any other information and documentation that Lessor may request, a copy of
<br />the proposed assignment or sublease. No assignee or sublessee of the Leased Premises or any
<br />portion thereof, may further assign or sublease its interest in the Leased Premises or any portion
<br />11
<br />
|