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change the arrangement of parking areas, stairs or walkways, or otherwise alter common areas or the
<br />exterior of the building.
<br />17. MECHANICS LIENS. TENANT shall keep property free from any liens arising out of any work
<br />performed, material fumished, or obligations Incurred by TENANT, or any tenant or subtenant thereof.
<br />TENANT shall obtain a lien waiver from any contractor it employs prior to commencement of any work,
<br />TENANT shall not permit any mechanics' liens, or similar liens, to remain upon the Premises In
<br />connection with any work performed or claimed to have been performed at the direction of TENANT and
<br />shall cause any such lien to be released or removed forthwith without cost to LANDLORD.
<br />TENANT shall indemnify, defend with counsel selected by LANDLORD, protect and hold LANDLORD, its
<br />directors, officers, employees, contractors, agents, assigns,. and .any successor or successors to
<br />LANDLORD's interest harmless from and against all claims, actual damages {including, but not limited to,
<br />special .and consequential damages), punitive damages, injuries, costs, response costs, losses,
<br />demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, Interest,
<br />fines, charges, penalties, and expenses (including, but not limited to, attorneys' and expert witness' fees
<br />and costs incurred In connection with defending against any of the foregoing or in enforcing this
<br />indemnity) of any kind whatsoever paid,. Incurred or suffered by, or asserted against, the Property, or any
<br />Indemnified party directly or indirectly arising from or attributable to any work performed, material
<br />furnished, or obligations incurred by TENANT, or any tenant or subtenant thereof,
<br />% EIRE PREVENTION. TENANT agrees to use every reasonable precaution against fire; to provide
<br />and maintain approved, labeled Ere extinguishers, emergency lighting equipment and exit signs, and to
<br />complete any other modifications within the Premises as required or recommended by the Insurance
<br />Services Office (or successor organization), OSHA, the local fire department, LANDLORD's Insurer or
<br />any similar entity.
<br />19. FIRE; CASUALTY. Should there be Substantial Damage to the Premises by reason of fire or
<br />other casualty, LANDLORD may, in its sole discretion, by written notice given within 30 days following the
<br />date of the casualty, elect to terminate this Lease as of the date of the casualty or (at Its expense) to
<br />restore the Premises to a condition substantially suitable for their Intended use. If Landlord We to give
<br />written notice of its election to so restore the premises within 30 days following the date of the casualty,
<br />Landlord will be deemed to have elected to terminate this Lease as of the date of the casualty. For
<br />purposes of this Paragraph, "Substantial Damage" to the Premises veil be deemed to have occurred if the
<br />cost of restoring the Premises to their condition Immediately prior to the casualty would excised fifty.
<br />percent (50%) of the monthly Base Rent set forth in Paragraph 2. If there is Substantial Damage to the
<br />Premises, and Landlord has given written notice of its election to restore the Premises, then TENANT
<br />may elect to terminate this Lease if LANDLORD falls to restore the Premises to a condition substantially
<br />suitable for their Intended use within 90 days after the date of the Casualty. If the Premises are damaged
<br />by fire or other casualty and the damage isnot Substantial Damage, then Tenant (at its expense) shall
<br />promptly and diligently restore the Premises to a condition substantially suitable. for their intended use,
<br />20. INSURANCE, TENANT shall obtain and keep in force a Commercial General Liability policy of
<br />Insurance protecting TENANT and naming LANDLORD as additional Insured against claims for bodily
<br />Injury, personal injury and property damage based upon or arising out of the ownership, use, occupancy
<br />or maintenance of the Premises, and all areas appurtenant thereto. Such insurance shall be on an
<br />occurrence. basis providing single limit coverage in an amount not less than $1,000,000 per occurrence
<br />with an annual aggregate of not less tban $1.,000,000,. an "Additional Insured -Managers or Lessors of
<br />Premises Endorsemenf' and contain the "Amendment of the Pollution Endorsement" for damage caused
<br />by heat, smoke, or fumes from hostile fire, The policy shall not contain any intra -Insured exclusions as
<br />between insured persons or organizations, but shall include coverage for liability assumed under this
<br />Lease as an "insured contract' for the performance of TENANT's indemnity obligations under this Lease..
<br />The limits of said insurance shall not, however, limit the liability of TENANT nor relieve TENANT of any
<br />obligation hereunder. All Insurance carried by TENANT shall be primary and not contributory with a
<br />similar insurance carried by LANDLORD, whose Insurance shall be considered excess insurance only,
<br />Failure to maintain a certificate of insurance on file with LANDLORD evidencing such Insurance shall be
<br />cause for termination,
<br />21. SECURITY MEASURES. TENANT hereby acknowledges that tine Rent payable to LANDLORD
<br />hereunder does not include the cost of guard service or other security measures, and that LANDLORD
<br />shall have no obligation whatsoever to provide same, TENANT. assumes all responsibility for the
<br />protection of the Premises, TENANT, its agents and invitees to the property from the acts of third parties.
<br />22, NDEMNiEI LANDLORD. Except for LANDLORD's gross negligence or willful
<br />misconduct, and without IimiGng any other obligations of Indemnity on TENANT'S part under this Lease,
<br />TENANT shall indemnify, defend, and hold harmless, LANDLORD,. Its officers, employees, agents,
<br />successors and assigns, from and against any and all claims, losses, liabilities, fines; penalties, actions,
<br />proceedings, judgments, costs and expenses (including attorneys' and consultants' fees and costs)
<br />arising out of, involving, or in connected with (a) the use andtor occupancy of the Premises by TENANT,
<br />(b) the acts or omissions TENANT and its officers, agents, employees, contractors, customers and
<br />Invlta ss In or about the Premises, and (c) any failure by TENANT to perform any of its obligations under
<br />this Lease. If any action or proceeding is brought against any indemnified party by reason of any of the
<br />foregoing matters, TENANT shall upon notice from LANDLORD defend the same at TENANT's expense
<br />by counsel reasonably satisfactory to LANDLORD and such indemnified party shall cooperate with
<br />TENANT In such defense. LANDLORD need not have first paid any such claim in order to be defended
<br />or lndemrdfied.
<br />n �anr�ua tTu -ca, smr�n
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