v
<br />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 Coiril-)letion. 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 />5.6 Notice of Coml)letion. 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 />Automall Read Board Sign - Ground Lease
<br />Final 5/07/97 Page 6 of 22
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