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9 1951267.v8 8.Liens. In the event any mechanic’s lien is filed against any portion of the Easement Premises as a result of services performed or materials furnished (pursuant to the requirements of this Agreement) by or at the direction of a Party (a “Lien”), the Party permitting or causing such Lien to be so filed agrees to cause such Lien to be discharged (or bonded over) within thirty (30) days of the date on which such Lien is so filed or recorded; and further agrees to indemnify, defend, and hold harmless the other Parties against liabilities, losses, actual damages, costs or expenses (including reasonable attorneys’ fees and cost of suit) actually suffered or incurred by an indemnified Party as a direct result of any Lien. Nothing herein shall prevent a Party permitting or causing such Lien from contesting the validity thereof in any manner such Party chooses so long as such contest is pursued with reasonable diligence and, pending the resolution of such dispute, the Lien is bonded over or otherwise secured as provided herein for the benefit of the Party whose property is encumbered thereby. In the event such contest is determined adversely (allowing for appeal to the highest appellate court), such Party shall promptly pay in full the required amount, together with any interest, penalties, costs, or other charges necessary to unconditionally release such Lien. 9.Default. The failure by a Party (“Defaulting Party”) to observe or perform any of the covenants, conditions or obligations of this Agreement within thirty (30) days after the issuance of a notice by the non-defaulting party (“Non-Defaulting Party”) specifying the nature of the default claimed shall constitute a default and breach of this Agreement; provided, however, that (i) the thirty (30) day period shall be extended for defaults reasonably taking longer than thirty (30) days to cure as long as the Defaulting Party commences curing such default in the thirty (30) day period and diligently proceeds to completion thereafter; (ii) a Party who fails to discharge (or otherwise appropriately address, in accordance with Section 8) a Lien within the timeframes set forth in Section 8 shall not be afforded an additional thirty (30) day notice and cure period pursuant to this Section 9 and the Non-Defaulting Party shall have all cure rights afforded pursuant to this Section 9 immediately following the expiration of the such timeframes set forth in Section 8; and (iii) the notice and cure period relating to a breach of Section 7 of this Agreement shall be limited to one (1) business day. Following the expiration of the thirty (30) day notice and cure period (or such longer time afforded pursuant to the immediately preceding sentence, the Non-Defaulting Party shall have the right, but not the obligation, to cure such default by the payment of money or the performance of some other action for the account of and at the expense of the Defaulting Party. In the event that any Non-Defaulting Party exercises the foregoing right of self-help, the Defaulting Party shall automatically be deemed to have granted, to such Non-Defaulting Party, a temporary access easement, over, along, across and through those portions of the Defaulting Party’s property that are reasonably necessary for access in order to perform the actions reasonably required to cure the Defaulting Party’s then-applicable default (“Temporary Easement”). The Temporary Easement shall automatically terminate upon the completion of the cure by the Non-Defaulting Party. Any Non- Defaulting Party exercising the foregoing right of self-help shall use its reasonable, diligent and good faith efforts to complete the cure as soon as is reasonably possible under then-applicable circumstances, and with as little disruption, as is reasonably possible, to the Defaulting Party’s property. Nevertheless and notwithstanding the foregoing provisions of this Section 9 with respect to delivery of notice of default, and an opportunity to cure, in the event that any default shall constitute an unsafe or emergency condition, the Non-Defaulting Party, acting in good faith, shall have the right to cure such default upon such advance notice as is reasonably possible under the circumstances or, if necessary, without advance notice, so long as notice is given as soon as reasonably possible thereafter. The City shall be responsible for the defaults resulting from the actions or inactions of its licensees and permittees and the City Parties. In the event any Non-Defaulting Party shall cure a default, the Defaulting Party shall reimburse the Non- Defaulting Party for all costs and expenses incurred in connection with such curative action, plus interest at the Default Rate (as defined below), within ten (10) days of receipt of demand, together with reasonable documentation supporting the expenditures made. No waiver by any Party of any default under this Agreement shall be effective or binding on such Party unless made in writing by such Party and no such waiver shall be implied from any omission by a Party to take action in respect to such