.........., then the Tenant, before seeking to contest and postpone such claims, shall furnish to the Landlord a satisfactory bond or other security conditioned upon the payment of such disputed claim or claims, if their validity be finally established; such bond or security shall be given in addition to the one herein provided for on the ensealing of this Indenture.
Nothing contained in this Indenture shall be taken or construed to authorize the Tenant to do any act or make any contract so as to encumber in any manner the title of the Lessors to the land hereby demised or to create any claim or lien upon the interests of said Lessors in said building, it being expressly agreed and covenanted that all the expenses and costs of the erection, equipping, repairing, improving and altering of the said building or buildings by the Tenant shall be promptly paid by the Tenant, as required by the terms of its contract therefor.
9. Liens. The Tenant agrees and convenants that it will make no contract or agreement for the construction, alteration or repairing of any building or other improvements upon said demised premises, which shall call for the payment of more than........, in amount, for the purchase of material to be used or for work and labor to be performed in and about the repair to be made or construction of any building to be erected on the premises in this Indenture, unless such contract or agreement be in writing, and contain an express waiver on the part of such contractor of any and all claim for mechanic's or material men's liens against the demised premises or improvements, including those to be made and erected thereon under the terms of this Indenture.
10. Use, Repair and Occupation. The Lessee further agrees and covenants that it will at its own expense keep and maintain such new fire-proof building and every building, fixture and improvement which may at any time be situated on said said demised premises shall be constructed and maintained in compliance with the laws of the State of........and the fire, building and health ordinances and rules of the City of........, or the municipality having jurisdiction thereof, and shall be built under the inspection and subject to the lawful requirements of the Building Department of such municipality, or other officer authorized by law to inspect or make rules covering the erection and inspection of buildings.
The Tenant hereby expressly assumes full responsibility for all damages and injury which may result to any person or persons or to adjoining property by reason of the excavation for, and the erection, construction and maintenance of said building or buildings, and agrees and covenants to hold the Landlord harmless from any such claim or claims.
It is agreed that should the Tenant be delayed in any of the building operations provided for by this Indenture by any fire, strike, riot, war, insurrection, by the act of God, or by any other cause beyond the control of the Tenant, the time for the completion of said building shall be extended by the length of such delay, anything herein to the contrary notwithstanding; provided, however, that written notice of such delay and the cause and circumstance thereof shall be delivered to the Landlord within........days after the commencement of such delay, otherwise no allowance or extension of time shall be claimed or granted because of such delay.
The Tenant agrees and covenants that in the event of the abandonment or non-completion of any building or improvements upon said demised premises untertaken by it, or in the event of its failure to complete and finish the same conformably to all the requirements of this Indenture, then the Landlord shall have the option, but without any obligation so to do and without prejudice to any other rights in consequence of such default, may complete or finish such building or improvements at the expense and cost of the Tenant and as nearly as practicable and proper according to plans and specifications then being worked under, provided that the same shall be accessible to the Landlord and to those whom they may employ.
Nothing herein shall prevent the Tenant in good faith from contesting in the courts the claim or claims of any person or the same, by the Tenant or any person or persons occupying, holding or claiming by, through or under it.
11. Destruction. The parties agree and covenant that damage to or destruction of any building or buildings on said demised premises, at any time, by fire or any other casualty whatsoever, shall not work a termination of this Indenture or authorize the Lessee or those claiming by, through or under it, to quit or surrender possession of said demised premises or any part thereof, and shall not release the Lessee in any way from its liability to pay the Landlord the rent hereinbefore provided for, or from any of the agreements, covenants or conditions of this Indenture. In the event of loss, destruction or damage to the new building to be erected as hereinafter provided, or to any building or buildings thereafter erected upon said demised premises, the Tenant agrees and covenants to rebuild or restore a like building of equal strength, value and quality to the one destroyed, injured or damaged, as often as such destruction, loss or damage may occur, commencing such rebuilding or restoring within........and completing the same within
........thereafter respectively or as much sooner as it reasonably can do, and will pay therefor as herein provided so that said premises and the building thereon shall always be free and clear from mechanics' and other hens, as herein provided.
12. Insurance. The tenant agrees and covenants that from and after................, and until it commences to build the new fire-proof building on said demised premises, as herein required, it will at all times, at its own expense, keep any building or improvements situated thereon on..............