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they were in immediately prior to construction; and iv) repair and restore any portions of the Common Areas harmed as
<br />...ult of th. construction activities to the condition they were in immediately prior to construction; and v) disrupt other
<br />Tenants as little as possible; vi) pay to Landlord the amount of any and all damage to the roof caused by the penetration
<br />thereof, and the amount ofany and all damages to the Properly as a result ofroof leaks caused by the penehation. Tenant
<br />shall secure any and all govemmental permits, approvals or authorizations required in connection with the Tenant
<br />Improvements or, if applicable, any additional alterations performed by Tenant after ttre completion of the Tenant
<br />Improvements, and shall indemnif,, defend Landlord against, and hold Landlord harmless from any and all liability, costs,
<br />damages (including any damage to the Building Premises, Common Areas or any part of the Property), expenses
<br />(including reasonable atto-"ys; fees) and any and all liens resulting therefrom to the extent the aggregate amount ofthe
<br />foregoing exceeds the Tenant Improvement Allowance. The Landlord's review and/or approval of any request for
<br />alterations, additions or improvements in or to the Premises, and/or the plans or specifications with respect thereto, shall
<br />create no responsibility or liability on the part ofthe Landlord, nor shall such review or approval evidence or constitute a
<br />representation or warranty by Landlord with respect to the action or undertaking approved or the completeness, accuracy,
<br />design sufficiency or compliance of such plans or specifications with laws, ordinances, rules and/or regulations of any
<br />govemmental aggncy or authority.
<br />7.4.3. Status of Alterations and Improvements at Termination of the Lease. At the termination
<br />of this Lease, regardless of when or how said termination occurs, Landlord shall have the optiorl to be exercised by
<br />Landlord within thirly (30) days of terminatiorL to:
<br />7.4.3.1. Retain all alterations made by Tenant during the term ofthis Lease, in which case the
<br />Landlord shall become the owner of the alterations and Tenant will have no right to remove the altemations; or
<br />7.4.3.2. Require the Tenant to remove at Tenant's sole cost and expense some or all of the
<br />alterations and return the Premises to the condition it was in at the commencement of this Lease, normal wear and tear
<br />excepted, in which case Tenant shall have thirty (30) days to complete the removal of the alterations
<br />7.5. Surrender ofPremises. Tenant shall remove, at Tenant's sole cost and expense, all hade fixtures, signs,
<br />appliances and equipment (where such removal will not require structural change to the Premises) which do not become a
<br />part of the Premises and alterations which Landlord designates to be removed pursuant to Section 7.4.1, and shall restore
<br />the Premises to the condition they were in prior to the installation of said items, normal wear and tear and the Tenant
<br />Improvements excepted. Tenant's obligation to perform this covenant shall survive the expiration or termination of this
<br />Lease.
<br />8. LIENSANDENCUMBRANCES.
<br />8.1. Liens. Tenant shall keep the Premises and the Property in which the Premises is situated free from any
<br />liens arising out of any work performed, materials fumished or obligations incurred by Tenant. Landlord may require, at
<br />Landlord's sole option, that Tenant shall provide to Landlord, at Tenant's sole cost and expense, payment and perfirrmance
<br />bonds in an amount equal to one and one half (l%) times the estimated cost of such work, materials, labor and supplies
<br />and/or any improvements, additions, or alterations in the Premises which the Tenant desires to make to insure Landlord
<br />against any liability for mechanics' and materialmen's liens and to insure completion of the work.
<br />8.2. Encumbrances. The Tenant shall not cause or suffer to be placed, filed or recorded against the title to
<br />the Premises, the Building of which the Premises is a part, the Property in which the Premises is located, or any part thereof,
<br />any mortgage, deed of trust, security agreement, financing statement or other encumbrance; and further, in no event shall
<br />ttre tien o}ienant's mortgage, deed of trust, or other security agreement or financing statement cover the Premises, the
<br />Building of which the Premises is a part or the Property or any part thereof nor any leasehold improvements, alterations,
<br />additioni, or improvements thereto except trade fixtures, appliances and equipment which are owned by Tenant and which
<br />are not, and which do not become, a part ofthe Premises. The form ofany such mortgage, deed oftust or other security
<br />agreement or financing statement which includes a legal description of the Premises, or the Building of which the Premises
<br />is a part or the Property or the address thereto, shalt be subject to Landlord's prior written approval, which approval shall
<br />be subject to such conditions as the Landlord may deem appropriate.
<br />9. ASSIGNMENTANDSUBLETTING.
<br />Commercial Building Lease
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