Agmt 2006 Mercy Housing California XXXIII (4)

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5.3.3 Easements. From time to time at Tenant's request, Landlord shall, in its capacity as fee title owner to the Land, join in the grant of easements to public or private utility companies for utility service to and for the benefit of the Project. Landlord agrees to join in granting or dedicating such public or private utility or other easements as may be reasonably required for the development of the Property in accordance with this Lease. 5.3.4 Protection of Landlord. Nothing in this Lease shall be construed as constituting the consent of the Landlord, express or implied, to the performance of any labor or services, or the furnishing of any materials or any specific improvements, alterations of or repairs to the Property or any part thereof, by any contractor, subcontractor, laborer or materialman such as to give rise to any right of any such contractor, subcontractor, laborer or materialman to file a mechanic's lien or other claim against the fee title to the Land. Landlord shall have the right at all reasonable times to post, and keep posted, on the Property any notices which Landlord may deem necessary for the protection of Landlord and the Property from mechanic's liens or other claims. Tenant shall give Landlord ten (10) days' prior written notice of the commencement of any work to be done on the Property to enable Landlord to post such notices. In addition, Tenant shall make, or cause to be made, timely payment of all monies due and legally owing to all persons doing any work or furnishing any materials or supplies to Tenant or any of its contractors or subcontractors in connection with the Property. 5.3.5 Mechanic's Liens. Subject to Tenant's right to contest the same prior to payment, Tenant shall keep the Property and the Improvements free and clear of all mechanic's liens and other liens on account of work done by or for Tenant. Tenant agrees to and shall indemnify, defend and hold Landlord harmless from and against liability, loss, damages, costs and expenses (including reasonable attorney's fees) incurred by or brought against Landlord for claims of lien of laborers or materialmen or others for work performed or materials or supplies furnished to Tenant or persons claiming under it. In the event any lien is recorded, Tenant shall, within thirty (30) days after written request from Landlord, cause such lien to be removed of record by bonding or otherwise. 5.3.6 Notice of Completion. Upon completion of construction of any Improvement, Tenant shall file or cause to be filed in the Official Records of Alameda County a Notice of Completion (the "Notice of Completion") with respect to the subject work. Upon request of Landlord, Tenant shall make available to Landlord following the completion of the Improvements a full set of as-built plans for the Improvements. 5.3.7 Use of Plans. The contracts relating to design and rehabilitation of the Improvements executed by and between Tenant (or Tenant's general partner or other Tenant Affiliate as defined in Section 15.1.1) and any architect, other design professional or any general contractor shall provide, in form and substance reasonably satisfactory to Landlord, for the assignment thereof to Landlord as security to Landlord for Tenant's performance hereunder, and Landlord shall be furnished with any such contract, together with the further agreement of the parties thereto, that ifthis Lease is terminated due to Tenant's default, Landlord may, at its election, use any plans and specifications to which Tenant is then entitled pursuant to any such contract upon the payment of any sums due to any party thereto, subject to any prior rights of the construction lender. 833368-4 9