|
<br />thereafter or exercise such other remedies as may be available to landlord pursuant to the terms of this
<br />lease.
<br />Section 26.4 If at any time during the course of Tenant's work at the Premises the storefront of the
<br />Premises is not fully secure, Tenant shall construct a barricade of plywood or other material approved by
<br />Landlord to secure the Premises.
<br />Section 26.5 With respect to any labor performed or materials furnished by Tenant at the Premises, the
<br />following shall apply: All such labor shall be performed and materials furnished at Tenant's own cost, expense
<br />and risk. labor and materials used in the installation of Tenant's furniture and fixtures, and in any other work
<br />on the Prem.ises performed by Tenant, will be subject to landlord's prior written approval. Any such approval
<br />of Tenant's labor shall constitute a revocable license authorizing Tenant to permit such labor to enter upon
<br />the Premises prior to the commencement of the Lease term for so long as Tenant's labor does not interfere
<br />with labor utilized by Landlord or any other tenant. With respect to any contract for any such labor or
<br />materials, Tenant acts as a principal and not as the agent of Landlord. Tenant agrees to indemnify and hold
<br />Landlord harmless from all claims (including costs and expenses of defending against such claims) arising
<br />or alleged to arise from any act or omission of Tenant or Tenant's agents, employees, contractors,
<br />subcontractors, laborers, materialmen or invitees or arising from any bodily injury or property damage
<br />occurring or alleged to have occurred incident to Tenant's work at the Premises. Tenant shall have no
<br />authority to place any lien upon the Premises or any interest therein nor in any way to bind landlord; and any
<br />attempt to do so shall be void and of no effect. Landlord expressly disclaims liability for the cost of labor
<br />performed or materials furnished by Tenant. If, because of any actual or alleged act or omission of Tenant,
<br />any lien, affidavit, charge or order for the payment of money shall be filed against Landlord, the Premises or
<br />any portion thereof or interest therein, whether or not such lien, affidavit, charge or order is valid or
<br />enforceable, Tenant shall, at its own cost and expense, cause same to be discharged of record by payment,
<br />bonding or otherwise no later than fifteen (15) days after notice to Tenant of the filing thereof, but in aU events,
<br />prior to the foreclosure thereof. All of Tenant's construction at the Premises shall be performed in strict
<br />compliance with the working drawings, all applicable building codes and other legal requirements, and in a
<br />good and workmanlike manner satisfactory to Landlord's Architect and in such manner as to not cause
<br />Landlord's fire and extended coverage insurance to be canceled or the rate therefor increased. In the
<br />performance of such work, Tenant shall not interfere with or delay any work being done by Landlord's
<br />contractors.
<br />Section 26.6 Tenant agrees that its construction at the Premises will be completed in accordance with the
<br />Tenant's Final Working Drawings. Upon completion of Tenant's construction at the Premises, Tenant shall
<br />provide to Landlord in recordable form an affidavit of completion, in accordance with Texas Property Code
<br />S 53.106, or any successor statutes.
<br />Section 26.7 In connection with any construction of improvements at the Prem ises by T enant, Tenant shall
<br />take out and maintain (or cause the contractor under its construction contract(s) to take out and maintain)
<br />public liability insurance in a minimum amount of $1 ,000,000.00 combined single limit. Said liability insurance
<br />shall name Landlord as an additional insured with Tenant (and shall contain a cross-liability endorsement) and
<br />shall be non-cancellable with respect to Landlord except upon thirty (30) days' notice to Landlord (given in the
<br />same manner as provided in this Lease) (or, at the request of Landlord, shall be in the form of a separate
<br />liability policy in which Landlord alone is the named insured). Tenant shall also take out and maintain (or
<br />cause the contractor under its construction contract(s) to take out and maintain) all builder's risk insurance
<br />to the full insurable value of improvements constructed and materials stored at the Premises. Said builder's
<br />risk insurance shall name Landlord as an additional insured and shall be non-cancellable with respect to
<br />Landlord. Certificates of all such insurance shall be delivered by Tenant to Landlord within five (5) days
<br />following Tenant's entering into any such construction contract(s) (butin all events prior to Tenant or Tenant's
<br />general contractor commencing construction).
<br />Section 26.8 All improvements constructed by Tenant at the Premises (excepting only unattached,
<br />movable trade fixtures installed by Tenant) shall, immediately upon such construction, become and remain
<br />the property of Landlord; and Tenant shall have no right, title or interest (including lien interest) therein, except
<br />only as .Tenant under the provisions of this Lease. The aforesaid improvements, if constructed by Tenant,
<br />are. not Intended a.s any natur.e of rent or c?mpensation to Landlord. Any work at the Premises involving the
<br />sprinkler system (If any) serving the Premises shall be performed by Landlord or its contractors at Tenant's
<br />cost. Tenant shall pay the cost of any such work (or reimburse Landlord therefor) within ten (10) days after
<br />delivery to Tenant of a statement therefor.
<br />
<br />ARTICLE 27. MISCELLANEOUS
<br />S~ction 27.1 N<:>thing herei~ con~ained ~h~1I be deemed or considered by the parties hereto, nor by any
<br />thlr~ party as c~eatt~g the relationshIp of prinCipal and agent or of partnership or of joint venture between the
<br />parb~~ hereto, I~ being un,derstood and agreed that neither the method of computation of rent, nor any other
<br />proVISion contaln.ed herem, nor any acts of the parties hereto, shall be deemed to create any relationship
<br />between the parties hereto other than the relationship of Landlord and Tenant.
<br />Sect~on 27.2 Tenant shall not for any reason withhold or reduce or make any off-set against Tenant's
<br />req.ulred payments of Base Rent and .Additional Rent provided in this lease, it being agreed that the
<br />obligations of Landlord hereunder are Independent of Tenant's obligations except as may be otherwise
<br />expressly provided.
<br />
<br />Page-12-
<br />
<br />11./!
<br />///
<br />
|