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<br />Page | 20 <br />4894-6811-3695v.2 0017787-000542 <br />4894-6811-3695v.2 0017787-000542 <br />5.1.7. Certificate of Occupancy. Tenant shall provide Lessor with a copy of the <br />Certificate of Occupancy promptly following issuance thereof. The date of issuance of the <br />Certificate of Occupancy shall be the Commencement Date hereunder. <br />5.1.8. Insurance. Tenant (or the Contractor, as applicable) shall deliver to Lessor <br />both (i) certificates of insurance evidencing coverage for “builder’s risk,” as specified in Section 8.1, <br />and (ii) evidence of worker’s compensation insurance, which provide the requisite insurance levels in <br />accordance with Article VIII, for all persons employed in connection with the construction of any <br />Improvements upon the Premises and with respect to whom death or bodily injury claims could be <br />asserted against County and/or Agency or the Premises. Tenant shall (or shall cause Contractor to) <br />maintain, keep in force and pay all premiums required to maintain and keep in said insurance herein <br />at all times during which construction Work is in progress. <br />5.1.9. Mechanic’s Liens. <br />(a) Payment of Liens. Tenant shall pay or cause to be paid the total cost and <br />expense of all “Work of Improvement,” as that phrase is defined in the California Mechanics’ Lien <br />law in effect and as amended from time to time. Tenant shall not suffer or permit to be enforced <br />against the Premises or Improvements or any portion thereof, any mechanics’, materialmen’s, <br />contractors’ or subcontractors’ liens arising from any work of improvement, however it may arise. <br />Tenant may, however, in good faith and at Tenant’s sole cost and expense contest the validity of any <br />such asserted lien, claim, or demand, provided Tenant (or any contractor or subcontractor, as <br />applicable) has furnished the release bond (if required by County, Agency or any construction lender) <br />required in California Civil Code section 8000 et seq. (or any comparable statute hereafter enacted <br />for providing a bond freeing the Premises from the effect of such lien claim). In the event a lien or <br />stop-notice is imposed upon the Premises as a result of such construction, repair, alteration, or <br />installation, and provided the lien is not the result of actions of, or work performed by, the Lessor, <br />Tenant shall either: <br />(1) Record a valid Release of Lien, or <br />(2) Procure and record a bond in accordance with Section 8424 of the <br />Civil Code, which releases the Premises from the claim of the lien or stop-notice and from any action <br />brought to foreclose the lien, or <br />(3) Post such security as shall be required by Tenant’s title insurer to <br />insure over such lien or stop-notice, or <br />(4) Should Tenant fail to accomplish either of the three optional <br />actions above within 30 days after Tenant receives notice of the filing of such a lien or stop -notice, it <br />shall constitute an Event of Default hereunder. <br />(b) Indemnification. Tenant shall at all times indemnify, defend with <br />counsel approved in writing by County and/or Agency and hold County and Agency harmless from <br />all claims, losses, demands, damages, cost, expenses, or liability costs for labor or materials in <br />connection with construction, repair, alteration, or installation of structures, improvements, <br />equipment, or facilities within the Premises, and from the cost of defending against such claims, <br />including reasonable attorneys’ fees and costs, but excluding any liability resulting from the gross <br />EXHIBIT 11