|
applicable laws, rules, ordinances, regulations, and code requirements. BUFU
<br />(c) Liens. Each Lessee agrees that in the event that any mechanic's lien or
<br />other statutory lien arising by reason of labor, services, or materials supplied to or at the request
<br />of said Lessee, shall be recorded against any other of the Parcels, then such Lessee shall pay and
<br />discharge the same of record within twenty (20) days after the notice of the filing thereof, by
<br />either payment, deposit or bond, except to the extent such lien shall be contested in accordance
<br />herewith. Each Lessee shall have the right, but not the obligation, to contest the validity, amount
<br />or applicability of any such lien by appropriate legal proceedings, provided it furnishes a lien
<br />release bond or otherwise causes such lien to be released within such twenty (20) day period. If
<br />said Lessee does not, within the time period specified above, contest or cause the same to be
<br />released of record by payment or posting of a proper bond, the Lessee of the Lessee Parcel
<br />affected by such lien, and BART if the lien pertains to the Phase II Parcel, shall have, in addition
<br />to all other remedies provided herein and by law, the right, but not the obligation, to cause the
<br />same to be released by such means as it shall deem proper, including without limitation by the
<br />payment of the claim giving rise to such lien or by the posting of a bond. The paying Lessee or
<br />BART, as applicable, shall submit an invoice and supporting documentation to the non-paying
<br />Lessee, and the non-paying Lessee shall pay such amount no later than ten (10) days following
<br />receipt of such invoice.
<br />2.4 Access Easements. The Declarant hereby establishes and grants the following
<br />easements:
<br />(a) Utility Facilities. Declarant hereby establishes and grants to each Lessee
<br />non-exclusive easements, appurtenant to such Lessee's Lessee Parcels, in, on, under, over and
<br />across those portions of the Lessee Parcels not owned by such Lessee, and the utility rooms
<br />identified on the Plans and Specifications, which are reasonably necessary for such Lessee to
<br />access, install, operate, maintain, repair, replace and relocate all electrical, gas, water, sewage,
<br />drainage, telephone, cable, security and other utilities and similar facilities identified in the Plans
<br />and Specifications and servicing such Lessee's Lessee Parcels. The exercise of the easements
<br />granted in this Section shall be made with as little inconvenience to each Lessee as practicable.
<br />Except in cases of emergency or with respect to areas for which easements are otherwise
<br />provided in this Declaration, twenty-four (24) hours' advance notice (by telephonic notice and:
<br />(i) facsimile and overnight delivery, (ii) electronic mail and overnight delivery, or (iii) by
<br />personal delivery) shall be given to a Lessee prior to exercise of the easements granted in this
<br />Section. Any utility work shall be at the sole cost and expense of the Lessee contracting for the
<br />performance of the work. Any damage to any portion of any of the Parcels as a result of the
<br />exercise of the easement granted in this Section shall be promptly restored to as near the original
<br />condition as possible by the Lessee using the easement at such Lessee's sole cost and expense.
<br />(b) Parking. To the extent not granted in the Map Easements, Declarant
<br />hereby establishes and grants to the Family Parcel Lessee and the Phase II Parking Parcel Lessee
<br />for the benefit of each such Lessee and its respective Users, non-exclusive easements,
<br />appurtenant to Family Parcel and the Phase II Parking Parcel, for ingress, egress, access and use
<br />of the following portions of the BART Parking Parcel: the stairwells, elevators, walkways,
<br />sidewalks, pathways, driveways, ramps, and bicycle storage spaces.
<br />E
<br />
|