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it beinq und~ratood that~no alteration or chanqe in th~ basic
configuration of th~ improv~ment shall bo made aithout the ~
approval of ths LeesoYX, and tha said net award ehall be-paid
. out•froin:~time to tiaw to th• LeBaeo as such rastoration and re-
plaoement ptoqreeeoa upou the aritten raquest of the Leasee ;
which ehall be accompani~d by the followinq: '
~(1) .A ca~ctificate of the architect or enqineer
in cherqa of~the restoration, dated not more than 30 daye prior
to such tequeat, aettinq forth the following: ~ ~
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~ ' (i) That the sum then requasted to be ~
withdrawn either hae been paid by Leasee and/or is justly due ;
to contractors, auboontraCtors, materialmen. enqineers, archi- ~
teota or other persontt (whose names and addresses ehall b+s
stated), who have ma~ ar participated in~the makinq of.reator- ;
atione or r~ilacement~, and qiving a brfef description of such '
~ services and materials and the principal subdivisions or cate-
qorieB therqof an8 tha sevoral ~ounts so paid and/or due to
eaah of safd persons iri respect th~reof, and alao stating that
no part Qf aucb cost, in sny picevious or then pending applica-
tion, hae bQen or is beinq mad~ the basis for the withdrawal of
any proceed9 of any such`award; and
. ~ ~(fi) ~hat, excapt for the amount,s, if any.
- stated in said cortificate . pureuant toll.l (b) (1) Si) to_,bs due for
services o= materials, there is no outstanding indebtednesa -
known, a~ter due inquiry, to said atrchitect or enqineer, for the.~
gurchase price or consttuction of such repairs,_reatorations or
replacementa, or for labor, waqes., materials or supp2fes in con-
, nectioa witli the makinq thereof, which, if unpaid, mi~t become ~
..the basis of a vendors', mechanics', laborers',~mater almen's,
9~tatutory or other similar lien upon eaid repairs, restorations,
replacemento, the demised premises or any part thereof.
- (2) An af~i~~it sworn to by 1,essee stating ~
that all materials amd all prOp~rty constitutinq the work de-
scribed in the aforesaid certificste of-the architect or
engineer, and every part thereof,--are'€ree and clear.of all
mortgages, liens, charg~s or eacumbrances, except encumbrances,
if any, securing ind~htedneas due to persone (whose names,
addresses and the several anounts due them shall be stated) spec- ~
ified in said certificate pursuant to lY.l(b)(1)(i) above,
which encumbrances wfll be di~eharged upon payment aE such in-
debtedness, and also atatinq that there ia no default in the
payment of the rent, any item of additional rent or.other charge
payable by I~esaee hereunder. . .
~ " (3)~ An official search or other evidence
satisfactory to Lessor showinq that thee has not been filed
aith respect to the demised premisea any mechanics' or other
lion which has not been discharq~d of record, except such as
( will be diechazqed upon payment of the amount then requested.
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~ Upon conapliance with the foreqoinq pro-
visians, I~esso= shall, out of the proceeds of such net award,
~ on request of Lessee, pay or c~u8a.to be paid to the persons
named in the certificate, pursu~nt to 11.1(b)(1)(f) the
reapective a~aou~ta atated in aaid certificate to be du~ to them,
~ and/or shall pay or cause to bs paid to Leasee the amount stated
in said certiffcate to hava been paid by Lesse~ provided, however,
nO~ER • GRAIiDO// that such paymente ehall not exceed in amount the fair value as
..;cwN[~! AT tw~M. ~•A stated fa ~aid certificate of the relevant work.
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