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shall not be liable for any work performed or to be performed on <br /> the Leased Premises or the Improvements thereon, for Lessee, or <br /> for any materials furnished or to be furnished at the Leased <br /> Premises or the Improvements thereon for Lessee and that no <br /> mechanic's or other lien for such work or materials shall attach <br /> to the reversionary or other interest of City. City shall have <br /> the right to enter upon the Leased Premises at any time for the <br /> purpose of posting such notice throughout the same and/or the <br /> Improvements, and such notice shall also be included in any <br /> Memorandum of Ground Lease recorded. <br /> 4 . 4 Disclaimer. Notwithstanding any other provision of <br /> this Ground Lease to the contrary, City is under no obligation to <br /> construct or supervise construction of the Improvements. It is <br /> understood and agreed that City's rights under this Ground Lease <br /> are for the sole purpose of protecting its interest as the holder <br /> of a reversionary interest in the Leased Premises under this <br /> Ground Lease. City's approval of any plans and specifications, <br /> construction agreements, or service contracts for the <br /> Improvements including but not limited to the Construction <br /> Contract shall not be construed by Lessee as a guaranty of <br /> sufficiency of the work. City's right of inspection as provided <br /> in this Ground Lease shall not constitute any representation or <br /> warranty, expressed or implied, or any obligation of City to <br /> insure that work or materials are in compliance with the plans <br /> and specifications of the Construction Contract or any building <br /> requirements imposed by a governmental agency. City is not <br /> responsible to the contractor under the Construction Contract or <br /> any other third parties for any purpose whatsoever. <br /> ARTICLE V: USE <br /> 5. 1 Use of Premises. The Leased Premises shall be used by <br /> Lessee solely for the construction of the Improvements and the <br /> lease back of same to City and for no other purpose whatsoever <br /> without the prior written consent of City. At no time during the <br /> term of this Ground Lease shall Lessee use the Leased Premises <br /> for any unlawful purpose nor shall Lessee permit or commit any <br /> nuisance or illegal activity to be conducted in or about the <br /> Leased Premises. <br /> 5. 2 Compliance with Laws. Lessee shall comply with all <br /> municipal, county, state and federal laws, rules, regulations and <br /> ordinances applicable to the Leased Premises and the use or <br /> occupancy thereof. <br /> 5. 3 Liens and Encumbrances. Subject to the provisions of <br /> Article XVI, Lessee shall keep the Leased Premises free and clear <br /> of any liens and encumbrances arising or growing out of the <br /> construction of the Improvements and/or the use and occupancy of <br /> the Leased Premises by Lessee hereunder. <br /> -5- D0T440 91/09/24 <br />