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<br /> 99 1 � � 375
<br /> 2.4 Construction Requirements.
<br /> (a) Standards. All work performed in the construction, maintenance, repair,
<br /> replacement, alteration or expansion of any building, sign or Common Area improvements
<br /> located in the Shopping Center shall be effected as expeditiously as possible and in such a
<br /> manner as not to unreasonably interfere, obstruct or delay (i) access to or from the Shopping
<br /> Center (or any part thereo fl, (ii) customer vehicular parking in that portion of the improved
<br /> Common Area located in front of any building constructed in the Shopping Center, or (iii) the
<br /> receiving of inerchandise by any business in the Shopping Center including, without limitation,
<br /> access to Service Facilities. Staging for the construction, replacement, alteration or expansion of
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<br /> any building, sign or Common Area improvements located in the Shopping Center including,
<br /> without limitation, the location of any temporary buildings or construction sheds, the storage of
<br /> building materials, and the parking of construction vehicles and equipment shall be limited to
<br /> that portion of the Shopping Center approved in writing by the Consenting Owners. Unless
<br /> otherwise specifically stated herein, the person contracting for the performance of such work
<br /> ("Contracting Party") shall, at its sole cost and expense, promptly repair and restore or cause to
<br /> be promptly repaired and restored to its prior condition all buildings, signs and Common Area
<br /> improvements damaged or destroyed in the performance of such work.
<br /> (b) Liens. The Contracting Party shall not permit any liens to stand against
<br /> any Parcel for any work done or materials furnished in connection with the performance of the
<br /> work described in subparagraph (a) above; provided, however, that the Contracting Party may
<br /> contest the validity of any such lien, but upon a final determination of the validity thereof, the
<br /> Contracting Party shall cause the lien to be satisfied and released of record. The Contracting
<br /> Party shall, within thirty (30) days after receipt of written notice from the Owner of any Parcel
<br /> encumbered by any such lien or claim of lien, cause any such outstanding lien or claim of lien to
<br /> be released of record or transferred to bond in accordance with applicable law, failing which the
<br /> Owner of said Parcel shall have the right, at the Contracting Party's expense, to transfer said lien
<br /> to bond. The Contracting Party shall indemnify, defend and hold harmless the Owners and
<br /> occupants of the Shopping Center from any and all liabilities, claims, damages, expenses
<br /> (including, without limitation, reasonable attorney's fees and reasonable attorney's fees on any
<br /> appeal), liens, claims of lien, judgments, proceedings and causes of action of any kind
<br /> whatsoever, arising out of or in any way connected with the performance of such work, unless
<br /> caused by the negligent or willful act or omission of the indemnified person, its tenants,
<br /> subtenants, agents, contractors or employees.
<br /> (c) Encroachments. The Owners acknowledge and agree that incidental
<br /> encroachments upon the Common Area may occur as a result of the use of ladders, scaffolds,
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