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5.3 Tenant's Right to Grant Easements. Landlord grants to Tenant, the right
<br /> to grant public entities or public service corporations, for the purpose of serving only
<br /> the Premises, rights -of -way or easements on, or over, the Premises, for poles or
<br /> conduits, or both, for telephone, electricity, water, sanitary or storm sewers, or both,
<br /> and for such other utilities or special district services.
<br /> 5.4 Diligent Prosecution to Completion. Once the work is begun, Tenant
<br /> • shall, with reasonable diligence, prosecute to completion, all construction of the
<br /> • reader board sign and related improvements, additions or alterations.
<br /> 5.5 Protection Against Cost or Claim. No reference to the Mechanic's Lien •
<br /> • Law made in this Lease shall be construed to be an agreement or an acknowledgment
<br /> that such law applies to improvements constructed pursuant to this Lease, or that
<br /> such improvements are, or are not, public works. Tenant shall pay, or caused to be
<br /> paid, the total cost and expense of all works of improvement, as that phrase is defined
<br /> in the Mechanics' Lien Law (commencing with California Civil Code §3109). No
<br /> such payment shall be construed as rent. Tenant shall not suffer or permit to be
<br /> enforced against the Premises, or any part of it, any mechanic's, materialman's,
<br /> contractor's or subcontractor's lien, arising from any work of improvement, however it
<br /> may arise. However, Tenant may, in good faith, and at Tenant's own expense,
<br /> contest the validity of any such asserted lien, claim, or demand, provided Tenant has
<br /> furnished, within ten (10) days of recordation of such a lien, the bond required in
<br /> Civil Code Section 3143 (or any comparable statute hereafter enacted for providing a
<br /> bond freeing the premises from the effect of such a lien claim). Tenant shall defend
<br /> and indemnify Landlord against all liability and loss of any type, arising out of work
<br /> performed on the Premises by Tenant, together with attorneys' fees and all costs and
<br /> expenses incurred by Landlord in negotiating, settling, defending, or otherwise
<br /> protecting against such claims.
<br /> •
<br /> 5.6 Notice of Completion. On completion of any substantial work of
<br /> improvement during the term, Tenant shall file, or caused to be filed, a notice of
<br /> completion. Tenant hereby appoints Landlord as Tenant's attorney -in -fact to file the
<br /> notice of completion on Tenant's failure to do so after the work of improvement has
<br /> been substantially completed.
<br /> 5.7 Notice of Changes in Plans. On completion of any work of improvement,
<br /> Tenant shall give Landlord notice of all changes in plans or specifications made
<br /> during the course of the work, and shall at the same time and in the same manner,
<br /> supply Landlord with "as built" drawings accurately reflecting all such changes.
<br /> •
<br /> Automall Read Board Sign - Ground Lease
<br /> Final 5/07/97 Page 6 of 22
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