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Landlord or Tenant under the terms of this lease, then the party hereto
<br /> desiring to make such contest shall notify the other party in writing of its
<br /> intention to make such contest, and the contesting party shall not be required
<br /> to pay such tax or assessment or carry out such laws, ordinances, rules,
<br /> regulations or orders so long as such party shall, in good faith, at its own
<br /> expense, contest the same or the validity thereof by appropriate proceedings,
<br /> and pending any such proceedings instituted by Landlord, the Tenant shall not
<br /> have the right (pursuant to Tenant's rights under the clause herein captioned
<br /> "Unperformed Covenants of Landlord_May Be Performed By Tenant') to pay any
<br /> such tax or assessment levied against Landlord, or to comply with any such
<br /> laws, ordinances, rules, regulations or orders so contested; and pending any
<br /> such proceedings instituted by Tenant to contest any suclytax or assessment or
<br /> any such Federal, State, County or City laws or ordinances, or any rules,
<br /> regulations or orders of any duly constituted authority, any delay on Tenant's
<br /> part in making such payment or complying with such laws or regulations until
<br /> final determination of such disputed matter, shall not be deemed by Landlord
<br /> as a default by Tenant of any of the terms and conditions of this lease.
<br /> UNPERFORMED COVENANTS OF LANDLORD MAY BE PERFORMED BY TENANT. Subject to
<br /> the provisions of the clause herein captioned 'Right to Contest', it is agreed
<br /> that if Landlord shall fail to perform any of the affirmative covenants to be
<br /> performed by Landlord pursuant to the terms of this lease, or if Landlo°rd
<br /> shall fail to make any payment which Landlord agrees to make, then Tenant may,
<br /> at Tenant's option, after notice to Landlord, perform any such affirmative
<br /> covenant, or make any such payment, as Landlord's agent (subject, however, to
<br /> the provisions of the clause herein captioned 'Right to Contest), and the full
<br /> amount of the cost and expense entailed, or of the payment so made, shall
<br /> immediately be owing by Landlord to Tenant, rand Tenant shall have the right to
<br /> deduct the amount thereof, together with interest at the legal rate thereon,
<br /> from the date of payment, without liability of forfeiture, out of rentals then
<br /> due or thereafter coming due hereunder. The option given in this paragraph is
<br /> for the sole protection of Tenant, and its existence shall not release
<br /> Landlord from the obligation to perform any of the covenants herein provided
<br /> to be performed by Landlord, or deprive Tenant of any legal rights which it
<br /> may have by reason of any such default by Landlord. If Tenant shall exercise
<br /> its rights under this clause in connection with repairs which Landlord has
<br /> failed to make, Tenant shall endeavor to obtain bids from two (2) sources
<br /> before having the work done, unless the work in question shall be in the
<br /> nature of an emergency.
<br /> OLD MATERIALS. That Tenant may convert to Tenant's own use all old
<br /> materials removed by Tenant in making alterations, changes, improvements and
<br /> additions to the demised premises, and in performing any affirmative
<br /> covenants to be performed by the Landlord under the terms and conditions of
<br /> this lease which Landlord may fail to perform and which Tenant elects to .
<br /> perform.
<br /> ALTERATIONS. That Tenant shall have the right and privilege at all
<br /> k h' times during the continuance of this lease to make, at its own expense, such
<br /> 417 'le* changes, improvements, alterations and additions to the demised premises as
<br /> J. C. PENNEY Test may gdne}s' a exycep3t//thaptg s r tural��a t�enrrations4r.aoddit'ons shall not d.
<br /> COMPA Y be ec w1riOLlL�O�'Q"S Wrl onBG'i14,/ P+T� ng�8, ri
<br /> alterations and additions made by Tenant shall immediately become the propert
<br /> s - of the Landlord and shall be considered as a part of the herein demised
<br /> sy premises. Subject to the rights of adjoining owners, Tenant may remove any
<br /> party or other wall between the demised premises and any adjoining premises,
<br /> providdd, however, that Tenant shall, at/the expiration of this lease, at
<br /> Tenant's own expense, on written request from Landlord made on or before
<br /> sixty (60) days before the termination of the term hereof, replace any wall s.
<br /> removed to as nearly as practicable the condition it was in before such
<br /> removal. So far as the Landlord has power to grant the right, Tenant may
<br /> extend any basement in the demised premises now existing or hereafter
<br /> constructed so as to use the space beneath the sidewalks abutting on the
<br /> demised premises. Landlord agrees to cooperate with Tenant in securing such
<br /> building or other permits as may be necessary to accomplish any of the work
<br /> under the provisions of this paragraph entitled "Alterations." Any such
<br /> changes, improvements, alterations and additions made by Tenant shall be
<br /> performed in a good, workmanlike manner and shall be so performed that upon
<br /> completion they will not impair the structural strength of the building.
<br /> SIGNS. That Tenant shall have the right to place signs or other
<br /> advertising devices, electrical or non-electrical, either parallel to the
<br /> building of which the herein demised premises are a part or the whole, or at
<br /> any angle thereto, at or on either the front, back, roof or sides of such
<br /> 8.
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