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7 . Tenant ' s Acceptance and Maintenance of Demised Premises . Upon acceptance of possession
<br /> Tenant represents to Landlord that it has examined and inspected the Demised Premises, finds such to be
<br /> as represented by Landlord and satisfactory for Tenant ' s intended use, which examination and findings
<br /> constitute Tenant ' s acceptance "AS IS , WHERE IS , SUBJECT TO ALL FAULTS . " Landlord makes
<br /> no representation or warranty as to the condition of the Demised Premises . Tenant shall maintain during
<br /> the Term and shall deliver at the end of this Lease each and every part of the Demised Premises
<br /> (including, but not limited to walls , carpets , doors , plumbing, electrical, 1 VAC ) in good repair and
<br /> condition, subject to Landlord ' s obligations under article 7 of this Lease . Tenant shall make at its sole
<br /> cost and expense replacements or restorations in quality equivalent or better than the original work, as
<br /> may be required to so maintain the same, ordinary wear and tear only excepted .
<br /> Notwithstanding anything herein to the contrary, Tenant shall make no structural or interior
<br /> alterations of the Demised Premises without Landlord ' s prior written consent and any work performed by
<br /> Tenant shall be done in a good and workmanlike manner, and so as not to disturb , inconvenience or
<br /> interfere with other tenants or occupants of the Building . Tenant shall provide Landlord with at least 15
<br /> business days ' prior written notice of the commencement of any such alterations to the Demised
<br /> Premises , which notice shall include a complete set of construction drawings . For any work performed by
<br /> Tenant or its contractors , (1) Tenant shall not at any time permit any work to be performed on the
<br /> Demised Premises except by duly licensed contractors or artisans , each of whom must carry general
<br /> public liability insurance, certificates of which shall be furnished to Landlord prior to the commencement
<br /> of any work; (ii) Tenant shall obtain such building or other permits as may be required by any
<br /> governmental authority having jurisdiction thereof; (iii) if Tenant agrees for Landlord to perform Tenant' s
<br /> requested alterations, the cost thereof shall include a construction supervision fee of 5 % of the cost of
<br /> such construction alterations ; (iv) if Tenant elects to have the alterations performed by a licensed
<br /> contractor and not by Landlord, Tenant agrees to pay to Landlord a supervision fee of 5 % of the cost of
<br /> such construction or alterations to protect Landlord ' s investment in the Building ; and (v) unless Landlord
<br /> requires otherwise , Tenant shall not remove such alterations or improvements from the Demised Premises
<br /> at the expiration or termination of the Lease , but if Landlord shall so require, then Tenant shall remove
<br /> same at Tenant ' s sole cost and expense and repair any damage to the Demised Premises caused by such
<br /> removal . Tenant shall keep the Demised Premises and the Property free from any liens arising out of any
<br /> work performed, materials ordered or obligations incurred by or on behalf of Tenant, and Tenant hereby
<br /> agrees to indemnify and hold Landlord and its agents harmless from any liability, costs or expenses
<br /> (including, but not limited to , reasonable attorneys ' fees) for such liens . Tenant shall cause any such lien
<br /> imposed to be released of record by payment or bonding upon terms acceptable to Landlord within 10
<br /> days after a written request by Landlord therefor . If Tenant fails to cause the release or bonding of any
<br /> lien within the prescribed 10 - day period, then Landlord may do so at Tenant ' s expense, including costs
<br /> and reasonable attorney ' s fees , which expenses shall be due as Additional Rent hereunder .
<br /> Notwithstanding anything to the contrary set forth above in this article 8 , if Tenant does not
<br /> perform its maintenance obligations in a timely manner as set forth in this Lease and diligently and
<br /> continuously pursue completion of unfulfilled maintenance obligations , then after reasonable notice of
<br /> same to Tenant and Tenant ' s failure to perform its maintenance obligations within 30 days of such notice,
<br /> Landlord shall have the right, but not the obligation, to perform such maintenance, and any amounts so
<br /> expended by Landlord shall be paid by Tenant to Landlord promptly after demand as Additional Rent
<br /> with interest at the legal rate from the date of expenditure through the date paid .
<br /> 8 . Casualty Loss ; Destruction of Demised Premises and/or Building. If the Demised Premises
<br /> or the Building, as the case may be , is damaged or destroyed by fire or other casualty to the extent of 50%
<br /> or more of the value thereof in the reasonable opinion of Landlord, and not resulting from the act or
<br /> omission of Tenant, then either Landlord, the Mortgagee (as defined in article 12 ) , or Tenant may, by
<br /> written notice given not later than 60 days after the date of fire or other casualty, terminate this Lease
<br /> OCAC Lease Page 5
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