Tenant or Tenant's Affiliates or by reason of Tenant's breach of any of the
provisions of this Section 16. Such expenses, losses and liabilities shall
include, without limitation, (i) any and all expenses that Landlord may incur to
comply with any Environmental Laws; (ii) any and all costs that Landlord may
incur in studying or remedying any Contamination at or arising from the Demised
Premises, the Building, or the Project; (iii) any and all costs that Landlord
may incur in studying, removing, disposing or otherwise addressing any Hazardous
Substances; (iv) any and all fines, penalties or other sanctions assessed upon
Landlord; and (v) any and all legal and professional fees and costs incurred by
Landlord in connection with the foregoing. The indemnity contained herein shall
survive the expiration or earlier termination of this Lease for a period of two
(2) years after said termination or expiration of this Lease.
17. Construction of Demised Premises. Tenant hereby expressly
acknowledges and agrees that it shall accept, and shall be deemed to have
accepted, the Demised Premises AS IS, WHERE IS, and as suitable for the purposes
for which the same are leased hereby and, upon request by Landlord, shall
execute and deliver to Landlord a letter of acceptance in which Tenant (i)
accepts the Demised Premises AS IS, WHERE IS and (ii) confirms that the Lease
Commencement Date, the Base Rent Commencement Date and the Expiration Date
remain as set forth in Section 1, or if revised pursuant to the terms hereof,
setting forth such dates as so revised.
18. Tenant Alterations and Additions.
(a) Tenant shall not make or permit to be made any
alterations, improvements, or additions to the Demised Premises (a "Tenant's
Change"), without first obtaining on each occasion Landlord's prior written
consent (which consent Landlord agrees not to unreasonably withhold) and
Lender's prior written consent (if such consent is required). As part of its
approval process, Landlord may require that Tenant submit plans and
specifications to Landlord, for Landlord's approval or disapproval, which
approval shall not be unreasonably withheld. All Tenant's Changes shall be
performed in accordance with all legal requirements applicable thereto and in a
good and workmanlike manner with first-class materials. Tenant shall maintain
insurance reasonably satisfactory to Landlord during the construction of all
Tenant's Changes. If Landlord at the time of giving its approval to any Tenant's
Change notifies Tenant in writing that approval is conditioned upon restoration,
then Tenant shall, at its sole cost and expense and upon the termination or
expiration of this Lease, remove the same and restore the Demised Premises to
its condition prior to such Tenant's Change. No Tenant's Change shall be
structural in nature or impair the structural strength of the Building. Tenant
shall pay the full cost of any Tenant's Change. Except as otherwise provided
herein and in Section 12 hereof, and except as agreed upon by the parties at the
time a Tenant's Change is approved, all Tenant's Changes shall immediately upon
completion or installation thereof be and become part of the Demised Premises
and the property of Landlord without payment therefor by Landlord and shall be
surrendered to Landlord upon the expiration or earlier termination of this
Lease.
(b) To the extent permitted by law, all of Tenant's contracts
and subcontracts for such Tenant's Changes shall provide that no lien shall
attach to or be claimed against the Demised Premises or any interest therein
other than Tenant's leasehold interest in the Demised Premises, and that all
subcontracts let thereunder shall contain the same provision. Whether or not
Tenant furnishes the foregoing, Tenant agrees to hold Landlord harmless against
all liens, claims and liabilities of every kind, nature and description which
may arise out of or in any way be connected with such work. Tenant shall not
permit the Demised Premises to become subject to any mechanics', laborers' or
materialmen's lien on account of labor, material or services furnished to Tenant
or claimed to have been furnished to Tenant in connection with work of any
character performed or claimed to have been performed for the Demised Premises
by, or at the direction or sufferance of Tenant and if any such liens are filed
against the Demised Premises, Tenant shall promptly discharge the same;
provided, however, that Tenant shall have the right to contest, in good faith
and with reasonable diligence, the validity of any such lien or claimed lien if
Tenant shall give to Landlord, within fifteen days after demand, such security
as may be reasonably satisfactory to Landlord to assure payment thereof and to
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