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(b) Contractor and Materialmen's Liens and Claims. Any upfit, finishing, alteration and/or
<br />improvement of the Premises other than the Premises Upfit shall be made, if at all, at Lessee's sole risk and
<br />expense. Lessee shall not permit .any contractor's lien or materialmen's lien to attach to the Premises, the
<br />Building or the Property. Lessee shall, to the extent permitted by law, indemnify and hold Lessor harmless
<br />from any and all damages incurred by reason of any claim or lien filed or asserted against the Premises the
<br />Building and/or the Property by any unpaid contractor or materialrnan, and shall reimburse and pay to Lessor,
<br />as Additional Rent, any and all amounts paid by Lessor to discharge any such claim or lien; provided,
<br />however, that Lessee shall have the right to contest in good faith by legal proceedings or otherwise any lien
<br />asserted against the Premises, the Building and/or the Property by any contractor or materiahnan without cost
<br />to Lessor. In the event Lessee decides to contest any such claim or lien, Lessee shall post with Lessor a good
<br />and sufficient surety bond in an amount not less than one hundred percent (100%) of the amount of the claim
<br />or lien contested. The release of such funds shall be conditional upon Lessee satisfying the claim or lien as
<br />well as all interest and costs thereon, including reasonable attorneys' fees.
<br />Section 4.02 Fixtures and Equipment. Upon the expiration or termination of this. Lease, other
<br />than a termination arising upon any event of default by Lessee, Lessee may remove from the Premises all
<br />furniture, trade fixtures and equipment installed by it. Lessor shall, however, have and retain ownership and
<br />possession of any and all furniture, fixtures and equipment, if any, installed by Lessor as part of the Lessor
<br />Upfit. Lessee shall repair any and all damage to the Premises that may be caused by the installation or
<br />removal of such trade fixtures and equipment. Lessee shall surrender the Premises, subject to the provisions
<br />of Section 4.01, broom clean and in as good order and condition as the. same were in on the Commencement
<br />Date, ordinary wear and tear and damage by fire or other casualty beyond the control of the Lessee excepted.
<br />All partitions or other additions or improvements to the Premises shall, however, be and remain the property
<br />of Lessor.
<br />. Section 4.03 Lessee's Assumption of Risk and Indemnity. Lessee hereby assumes any and all
<br />risk of injury and damage to persons or property that may occur by reason of any act or negligence of Lessee
<br />or any officer, agent, employee, contractor, servant, invitee, guest or sublessee of Lessee. Lessee shall, to the
<br />extent permitted by law and to the extent covered by policies of insurance maintained by Lessee from time to
<br />time, indemnify and hold Lessor harmless from and against any and all claims, losses, costs, expenses,
<br />liabilities and damages suffered by Lessor, including, without limitation, reasonable attorneys' fees to the
<br />extent permitted by law, in any manner arising out of, or resulting from, (a) Lessee's use of the Premises, the
<br />Common Area, the Building and/or the Property, or any part thereof, (b) any activity, work or other thing
<br />done, permitted or suffered by Lessee in or about the Premises, the Common Area, the Building and/or the
<br />Property, or any part thereof, (c) any breach or default by Lessee in the performance of any monetary or other
<br />obligation of Lessee pursuant to the terms of this Lease, and/or (d) any act, omission, negligence or willful
<br />misconduct of Lessee or any officer, agent, employee, contractor, servant, invitee, guest or sublessee of
<br />Lessee. In the event any action or proceeding shall be brought against Lessor as a consequence of any of the
<br />foregoing, Lessee shall, to the extent permitted by law and to the extent covered by policies of insurance
<br />maintained by Lessee from time to time, upon written notice and demand from Lessor, defend the same
<br />through counsel selected by Lessee's insurer or other counsel acceptable to Lessor. The provisions of this
<br />paragraph shall survive any expiration or termination of this Lease.
<br />Section 4.04 Insurance Requirements.
<br />Prior to taking possession of the Premises and thereafter, Lessee shall deliver to Lessor, not less than
<br />ten (10) business days prior to the renewal date thereof, a copy of each original policy of insurance in effect
<br />and maintained by Lessee which provides coverage with respect to the Premises and Lessee's personal
<br />property located on the Premises. Each such policy shall contain language, to the extent obtainable, that the
<br />policy is primary and non-contributing with any insurance that Lessor may carry, and (c) that the policy
<br />cannot be cancelled or changed except upon thirty (30) days prior written notice to Lessor.
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