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<br />DO NOT RECORD <br /> <br />(c) Tenant shall, at its sole cost and expense, maintain and repair the <br />Premises including, but not limited to, the removal of all trash, debris, <br />graffiti, as well as any special intensive cleaning. If Tenant causes any <br />damage to the Property, to the Premises or to access roadways or other <br />nearby facilities, it shall properly repair same as specified by Landlord. <br /> <br />(d) Upon the expiration or termination of this Agreement, Landlord shall <br />approve in writing the surrender of the Premises by Tenant only after <br />being satisfied that the Premises has been left in good and clean condition, <br />less ordinary wear and tear. <br /> <br />(e) Quiet Enjoyment. Tenant shall have quiet possession of the <br />Premises for the entire term hereof, subject to all the provisions of this <br />Agreement. <br /> <br />Section 3.02 Liens <br /> <br />Tenant will not permit any mechanics' or materialmens' or other liens to stand against the <br />Premises by reason of any use or occupancy by Tenant, or any person claiming under <br />Tenant. <br /> <br />ARTICLE 4 - INDEMNITY AND INSURANCE <br /> <br />Section 4.01 Indemnification, Defense, Hold Harmless <br /> <br />Tenant shall protect, defend, indemnify and save and hold harmless Landlord, its officers, <br />officials, employees, and agents from and against any and all liability, loss, damage, <br />expenses, costs (including without limitation costs and fees oflitigation of any nature) <br />arising out of or in connection with Tenant's performance ofthis Agreement or Tenant's <br />failure to comply with any of Tenant's obligations contained in the Agreement by Tenant, <br />its officers, agents or employees except such loss or damage which was caused by the <br />sole negligence or willful misconduct of Landlord. In the event Landlord is named as <br />codefendant, Tenant shall notify Landlord of such fact and shall represent Landlord in <br />such legal action unless Landlord undertakes to represent itself as codefendant in such <br />legal action, in which event Landlord shall bear its own litigation costs, expenses and <br />attorney's fees. Tenant further agrees to indemnify, hold harmless, and pay all costs for <br />the defense of the Landlord, including fees and costs for special counsel to be selected by <br />Landlord, regarding any action by a third party challenging the validity of this <br />Agreement, or asserting that personal injury, damages, just compensation, restitution, <br />judicial or equitable relief due to personal or property rights arises by reason of the terms <br />of, or effects arising from this Agreement. Landlord may make all reasonable decisions <br />with respect to its representation in any legal proceeding. <br /> <br />Section 4.02 Insurance <br /> <br />In addition to the Tenant's covenant to indemnify and hold harmless Landlord, Tenant <br />shall obtain and furnish to Landlord, a policy of general public liability insurance, <br />4 <br />