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good and sufficient materials Lessee shall promptly upon completion furnish Lessor with as-built plans and specifications- For work which costs an <br /> amount in excess of one month's Base Rent. Lessor may condition its consent upon Lessee providing a lien and completion bond in an amount equal <br /> to 150%of the estimated cost of such Alteration or Utility Installation and/or upon Lessee's posting an additional Security Deposit with Lessor. <br /> (c) liens; Bonds. Lessee shall pay,when due, all claims for labor or materials furnished or alleged to have been furnished <br /> to or for Lessee at or for use on the Premises, which claims are or may be secured by any mechanic's or matenalman's lien against the Premises or <br /> any interest therein_ Lessee shall give Lessor not less than 10 days notice prior to the commencement of any work in, on or about the Premises, and <br /> Lessor shall have the right to post notices of non-responsibility. If Lessee shall contest the validity of any such lien, claim or demand, then Lessee <br /> shall, at its sole expense defend and protect itself. Lessor and the Premises against the same and shall pay and satisfy any such adverse judgment that <br /> may be iendereC thereon before the enforcement thereof. If Lessor shall require. Lessee shall furnish a surety bond in an amount equal to 150%of the <br /> amount of such contested lien. claim or demand, indemnifying Lessor against liability for the same. If Lesser elects to participate in any such action, <br /> Lessee shall pay Lessor's attorneysfees and costs. <br /> 74 Ownership; Removal; surrender; and Restoration. <br /> (a) Ownership. Subject to Lessor's right to require removal or elect ownership as hereinafter provided, all Alterations and <br /> Utility Installations made by Lessee shall be the property of Lessee,but considered a part of the Premises. Lessor may, at any time,elect in writing to <br /> be the owner of all or any specified part of the Lessee Owned Alterations and Utility Installations. Unless otherwise 'instructed per paragraph 7.4(b) <br /> hereof,all Lessee Owned Alterations and Utility Installations shall, at the expiration or termination of this Lease. become the property of Lessor and be <br /> surrendered by Lessee with the Premises. <br /> (b) Removal By delivery to Lessee of written notice from Lessor not earlier than 90 and not later than 30 days prior to the <br /> end of the term of this Lease, Lessor may require that any or all Lessee Owned Alterations or Utility Installations be removed by the expiration or <br /> termination of this Lease. Lessor may require the removal at any time of all or any part of any Lessee Owned Alterations or Utility Installations made <br /> without the required consent. <br /> (c) Surrender; Restoration. Lessee shall surrender the Premises by the Expiration Date or any earlier termination date. <br /> with all of the improvements, parts and surfaces thereof broom clean and free of debris, and in good operating order, condition and state of repair, <br /> ord nary wear and tear excepted. "Ordinary wear and tear" shall not include any damage or deterioration that would have been prevented by good <br /> maintenance practice. Notwithstanding the foregoing, if this Lease is for 12 months or less. then Lessee shall surrender the Premises in the same <br /> condition as delivered to Lessee on the Start Date with NO allowance for ordinary wear and tear. Lessee shall repair any damage occasioned by [lie <br /> rislallalion. maintenance or removal of Trade Fixtures. Lessee owned Alterations and/or Utility Installations, furnishings, and equipment as well as the <br /> removal of any storage tank installed by or for Lessee. Lessee shall also completely remove from the Premises any and all Hazardous Substances <br /> brought onto the Promises by or for Lessee, or any third party(except Hazardous Substances which were deposited via underground migration from <br /> areas outside of the Pro)ect)even if such reni would require Lessee 10 perform or pay for work that exceeds statutory requirements. Trade nixtures <br /> shall remain ;he property of Lessee and shall be removed by Lessee. Any personal property of Lessee not removed on or before the Expiration Date or <br /> any earlier termination date shall be deemed to have been abandoned by Lessee and may be disposed of or retained by Lessor as Lessor may desire. <br /> The failure by Lessee to timely vacate the Premises pursuant to this Paragraph 7.4(c)without the express written consent of Lessor shall constitute a <br /> holdover under the provisions of Paragraph 26 below. <br /> 8. Insurance; Indemnity. <br /> 8.1 Payment of Premiums. The cost of the premiums for the insurance policies required to be carried by Lessor, pursuant to <br /> Paragraphs 8 2(b), 8.3(a) and 8.3(b), shall be a Common Area Operating Expense. Premiums for policy periods commencing prior to, or extending <br /> beyond the term of this Lease shall be prorated to coincide with the corresponding Start Date or Expiration Date. <br /> 8.2 Liability Insurance. <br /> (a) Carried by Lessee. Lessee shall obtain and keep in force a Commercial General Liability policy of insurance protecIlliq <br /> Lessee and Lessor as an additional insured against claims for bodily injury, personal injury and property damage based upon or arising out of the <br /> ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be on an occurrence basis <br /> providing single limit coverage in an amount not less than $1,000.000 per occurrence w4h on annual aggregate of not less than $2,000,000. Lessee <br /> shall add Lessor as an additional insured by means of an endorsement at least as broad as the Insurance Service Organization's "Additional <br /> Insured-Managers or Lessors of Premises" Endorsement. The policy shall not contain any intra-insured exclusions as between insured persons or <br /> organizaltons, but shall include coverage for liability assumed under this Lease as an "insured contract" for the performance of Lessee's indemnity <br /> obligations under this Lease. The limits of said insurance shall not,however, limit the liability of Lessee nor relieve Lessee of any obligation hereunder <br /> Lessee shall provide an endorsement on its liability policy(ies)which provides that its insurance shall be primary to and riot contributory with any similar <br /> insurance carried by Lessor,whose insurance shall be considered excess insurance only. <br /> (b) Carried by Lessor. Lessor shall maintain liability insurance as described in Paragraph 8.2(a), in addition to, and not in <br /> lieu of,the nsurance required to be maintained by Lessee. Lessee shall not be named as an additional insured therein. <br /> 8.3 Property Insurance-Building, Improvements and Rental Value. <br /> (a) Building and Improvements. Lessor shall obtain and keep in force a policy or policies of insurance In the name of <br /> L ssor.with foss payable to Lessor, any ground-lessor, and to any Lender insuring loss or damage to the Premises. The amount of such insurance <br /> PAGE 9 OF 23 <br /> INITIALS INITIALS <br /> 01999-AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM MTN-14-2113E <br />