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Landlord maywithhold its consent , in its sole discretion . Unless otherwise agreed by Landlord and Tenant in
<br /> writing , the work on all such Alterations shall be performed either by or under the direction of Landlord , but at
<br /> the cost of Tenant . If the Landlord gives its preliminary consent to any such Alterations , the Tenant shall
<br /> furnish to the Landlord for approval before commencement of the work or delivery of any materials to the
<br /> Europa Center all of the following :
<br /> ( i ) all plans and specifications ;
<br /> ( ii ) names and addresses of all contractors ;
<br /> ( ill ) copies of all contracts ;
<br /> ( iv ) all necessary permits ;
<br /> ( v) an indemnification of Landlord by all contractors in form and amount satisfactory to Landlord ; and
<br /> ( iv ) certificates of insurance from all contractors performing labor or furnishing materials , insuring
<br /> against any and all claims , costs , damages , liabilities and expenses which may arise in
<br /> connection with such Alterations .
<br /> Within ten ( 10 ) business days of receiving all of the items specified in ( 1 ) through ( v ) above , in full and
<br /> complete form , Landlord shall specifically approve or disapprove in writing each of the items . Tenant shall
<br /> modify , supplement or substitute such items as Landlord disapproves , pursuant to Landlord ' s written
<br /> instructions , and resubmit such items to Landlord for its approval . Landlord shall respond in writing to each
<br /> resubmission within ten ( 10 ) business days . Tenant shall not commence any work or have any supplies or
<br /> materials delivered to the Europa Center until it has received Landlord ' s specific written approval of all such
<br /> items .
<br /> ( b ) No Interference or Disruption . The Alterations and all related construction activities shall not
<br /> interfere with the normal operations of the Europa Center. The Landlord reserves the right to determine
<br /> whether the Alterations or any portion of them must be made after normal business hours .
<br /> ( c ) Liability . Regardless of who performs any Alterations and notwithstanding Landlord ' s consent
<br /> thereto , Tenant shall hold the Landlord , its agents and employees fOFeve harmless from any and all liabilities
<br /> of every kind and description which may arise out of or be connected in any way with the Alterations . Any
<br /> mechanic' s lien filed against the Rented Space or the Europa Center for work or materials claimed to have
<br /> been furnished to the Tenant shall be discharged of record by the Tenant within ten ( 10 ) days after filing , at
<br /> the Tenant' s expense . Upon completing any Alterations , the Tenant shall furnish the Landlord with
<br /> contractors ' affidavits , full and final waivers of lien and receipted bills covering all labor and materials
<br /> expended and used . All Alterations shall comply with all insurance requirements and with all ordinances and
<br /> regulations of any applicable public authority . All Alterations shall be performed in a good and workmanlike
<br /> manner, using first class materials . Liability described herein shall be limited to the term of the Lease , whether
<br /> or not extended , and shall terminate with the acceptance of the Rented Space upon return by Tenant to
<br /> Landlord .
<br /> ( d ) Ownership . All Alterations , made by either party , including without limitation all paneling ,
<br /> decorations , partitions , railings , mezzanine floors , carpets , galleries , heating or air conditioning equipment ,
<br /> plumbing , electrical machinery and equipment , shall become the property of Landlord and shall remain upon
<br /> and be surrendered with the Rented Space as a part of the Rented Space at the end of the Term ; provided
<br /> that if requested by Landlord on termination of this Lease , Tenant shall restore the Rented Space to the same
<br /> condition as at the Commencement Date . Furniture and movable trade fixtures which are installed by Tenant
<br /> at its expense , except for those referred to above , shall remain Tenant' s property and may be removed at any
<br /> time prior to the termination of the Term provided Tenant is not then in Default and further provided Tenant
<br /> promptly repairs any damage caused by such removal . Any such trade fixtures which Tenant has the right to
<br /> remove under the above provisions , or personal property belonging to Tenant or to any invitee , assignee or
<br /> subtenant , shall be deemed abandoned by Tenant if not removed prior to termination of the Term , and shall
<br /> become the property of the Landlord without any payment or offset for the property , if Landlord so elects . If
<br /> the Landlord does not so elect , the Landlord may remove any fixtures or property from the Leased Premises
<br /> and store them at the Tenant' s sole risk and expense or dispose of them in any manner, including the sale ,
<br /> scrapping or destruction thereof, and to the extent permitted by law Tenant waives all claims against Landlord
<br /> therefor. The Tenant shall repair and restore , and save the Landlord forever harmless from , any and all
<br /> damage to the Leased Premises caused by such removal , whether by the Tenant or by the Landlord .
<br /> 11 . ACCEPTANCE OF LEASED PREMISES . Occupation by Tenant shall constitute acceptance of the
<br /> Leased Premises AS IS , except for latent defects and deficiencies specified in writing by Tenant to Landlord
<br /> within ten ( 10 ) days after Tenant' s occupancy . Landlord makes no representation orwarranty , oral orwritten ,
<br /> as to the condition of the Leased Premises nor as to the use or fitness of the Leased Premises for any
<br /> particular purpose except for general office use . Landlord shall not be responsible for obtaining any
<br /> governmental approvals or permits necessary to enable Tenant to occupy or use the Leased Premises ( other
<br /> than the certificates of occupancy or other approvals related to work done by Landlord to upfit the Rented
<br /> Space ) . Obtaining such other approvals and certificates shall be the sole responsibility of the Tenant . The
<br /> Landlord shall not be responsible for obtaining any certificate of occupancy or other approvals required in
<br /> connection with construction work done by the Tenant or contractors engaged by the Tenant .
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