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Agmt08 Lulus
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Agmt08 Lulus
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Last modified
2/22/2010 9:10:05 AM
Creation date
5/29/2008 4:48:15 PM
Metadata
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Template:
Agreement
Contractor Name
Nancy Radcliffe - Lulu's
PROJECT NAME
Lulu
RMP File Number
405
Date
5/21/2008
Reso Ref
RDA 08-06
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<br />10.4 lessee shall pay, when due, all claims for labor or materials furnished or alleged <br />to have been furnished to or for lessee, at or for use in the Premises, which <br />claims are or may be secured by any mechanics' or material men's liens against <br />the Premises or any interest therein. lessee shall give Lessor not fewer than ten <br />(10) days' notice prior to the commencement of any work in the Premises, and <br />Lessor shall have the right to post notices of non-responsibility in or on the <br />Premises as provided by law. If lessee shall, in good faith, contest the validity of <br />any such lien, claim or demand, then Lessee shall, at its sole expense defend <br />itself and lessor against the same and shall pay and satisfy any such adverse <br />judgment that may be rendered thereon, before the enforcement thereof against <br />the lessor or the Premises. However, if Lessor shall require, Lessee shall <br />furnish to Lessor a surety bond satisfactory to Lessor in an amount equal to such <br />contested lien claim or demand, indemnifying lessor against liability and holding <br />the Premises free from the effect of such lien or claim. In addition, Lessor may <br />require lessee to pay Lessor's attorneys' fees and costs in participating in such <br />action If Lessor shall decide it is in its best interest to do so. Lessee shall provide <br />such payment, letter of credit or performance and payment bonds as requested <br />by lessor. Lessee shall maintain performance and payment bonds in an amount <br />not less than 125% of the anticipated costs eM the lessee Improvements, or such <br />other amount as Lessor shall from time to time require. <br /> <br />10.5 Notice of Completion. Lessee shall complete construction of the Improvements <br />within ninety (90) days after the lease Commencement Date and Lessee shall <br />immediately upon completion of construction give written notice to Lessor of such <br />completion. <br /> <br />11. ALTERATIONS AND ADDmONS <br />11.1 After completion of Initial Improvements, Lessee shall not, without Lessor's prior <br />written consent, make any alterations, improvements, additions, or utility <br />installations in, on or about the Premises. In any event, lessee shall make no <br />change or alteration to the interior and/or exterior of the Premises without <br />Lessor's prior written consent. Lessor may require that Lessee remove any or all <br />of said alterations, improvements, additions or Utility Installations and require <br />Lessee to provide Lessor, at Lessee's sole cost and expense, with a payment <br />and performance bond in an amount equal to one and one-half times the <br />estimated cost of removal of such improvements, to insure Lessor against any <br />liability for mechanics' and material men's liens and to insure completion of the <br />work. Should Lessee make any alterations, improvements, additions or Utility <br />Installations without the prior approval of Lessor, Lessor may require that Lessee <br />remove same. <br /> <br />11.2 Requests for any alterations, improvements, additions or Utility Installations in, <br />on, or about the Premises that Lessee shall desire to make and which require the <br />consent of the lessor shall be presented to Lessor in written form, with proposed <br />detailed plans. If Lessor shall give its consent, the consent shall be deemed <br />conditioned upon Lessee acquiring necessary permits from appropriate <br />governmental agencies, the furnishing of a copy thereof to Lessor prior to the <br />commencement of the work, and the compliance by lessee with all conditions of <br />said permits. <br /> <br />11.3 Should Lessor consent to alterations of the Premises, Lessee shall submit to <br /> <br />Atty/AgrI2008.033 7 <br />050508 <br />
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