SUCH COSTS. TENANT SHALL
INDEMNIFY AND HOLD LANDLORD HARMLESS FROM AND AGAINST ALL COSTS (INCLUDING,
WITHOUT LIMITATION, ATTORNEYS= FEES AND DISBURSEMENTS AND COSTS OF SUIT),
LOSSES, LIABILITIES OR CAUSES OF ACTION ARISING OUT OF OR RELATING TO ANY
ALTERATION, INCLUDING, WITHOUT LIMITATION, ANY MECHANICS= OR OTHER LIENS
ASSERTED IN CONNECTION WITH SUCH ALTERATION.
(K)
TENANT SHALL DELIVER TO LANDLORD, WITHIN
SIXTY (60) DAYS AFTER THE COMPLETION OF AN ALTERATION COSTING IN EXCESS OF
$50,000, "AS-BUILT" DRAWINGS THEREOF.
DURING THE TERM, TENANT SHALL KEEP
RECORDS OF ALTERATIONS COSTING IN EXCESS OF $50,000 INCLUDING PLANS AND
SPECIFICATIONS, COPIES OF CONTRACTS, INVOICES, EVIDENCE OF PAYMENT AND ALL OTHER
RECORDS CUSTOMARILY MAINTAINED IN THE REAL ESTATE BUSINESS RELATING TO
ALTERATIONS AND THE COST THEREOF AND SHALL, WITHIN THIRTY (30) DAYS AFTER DEMAND
BY LANDLORD, FURNISH TO LANDLORD COPIES OF SUCH RECORDS.
(L)
ALL ALTERATIONS TO AND FIXTURES
INSTALLED BY TENANT IN THE PREMISES (OTHER THAN TENANT'S PROPERTY) SHALL BE
FULLY PAID FOR BY TENANT IN CASH AND NOT BE SUBJECT TO CONDITIONAL BILLS OF
SALE, CHATTEL MORTGAGES, OR OTHER TITLE RETENTION AGREEMENTS.
10.3
TENANT IMPROVEMENT ALLOWANCE.
LANDLORD AGREES TO
PAY TO TENANT IN CONNECTION WITH TENANT'S INITIAL BUILD-OUT OF THE PREMISES
("TENANT IMPROVEMENTS") AN AGGREGATE AMOUNT OF $15,000,000 (WHICH AMOUNT SHALL
INCLUDE ANY TENANT IMPROVEMENT ALLOWANCE UNDER THE OTHER LEASE FOR CRITTENDEN
A), HEREINAFTER REFERRED TO AS THE "TENANT IMPROVEMENT ALLOWANCE".
THE TENANT
IMPROVEMENT ALLOWANCE SHALL REPRESENT LANDLORD'S SOLE AND TOTAL CONTRIBUTION TO
TENANT IMPROVEMENTS.
THE TENANT IMPROVEMENTS SHALL BE MADE AND THE TENANT
IMPROVEMENT ALLOWANCE SHALL BE APPLIED IN ACCORDANCE WITH THE TERMS OF THE
TENANT WORK LETTER ATTACHED HERETO AS EXHIBIT F.
10.4
RESTORATION OBLIGATIONS.
(A)
LANDLORD SHALL HAVE
THE RIGHT TO REQUIRE TENANT TO RESTORE THE PREMISES OR ANY PORTION OR COMPONENT
THEREOF, INCLUDING ANY BUILDING SYSTEM OR ANY PORTION OR COMPONENT THEREOF,
AFFECTED BY ANY ALTERATION TO ITS CONDITION PRIOR TO THE COMMENCEMENT OF SUCH
ALTERATION, WHICH RESTORATION TENANT SHALL HAVE THE OBLIGATION TO COMPLETE BY NO
LATER THAN THE EXPIRATION DATE.
LANDLORD SHALL NOTIFY TENANT IN WRITING AT THE
TIME OF LANDLORD'S APPROVAL OF THE ALTERATIONS, AS
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APPLICABLE, WHETHER OR NOT THE PROPOSED ALTERATIONS WILL BE REQUIRED TO BE
REMOVED BY TENANT AT THE END OF THE TERM.
TENANT SHALL HAVE NO OBLIGATION TO
REMOVE ANY ALTERATIONS THAT LANDLORD HAS NOT DESIGNATED IN WRITING FOR REMOVAL.
TENANT SHALL REPAIR OR PAY THE COST OF REPAIRING ANY DAMAGE TO THE PREMISES OR
TO THE BUILDINGS CAUSED BY THE REMOVAL OF ALTERATIONS.
(B)
(I)
TENANT SHALL BE REQUIRED TO DEPOSIT
SECURITY WITH LANDLORD TO SECURE TENANT'S OBLIGATION TO RESTORE ANY ALTERATION
IN AN AMOUNT SUFFICIENT TO SECURE THE RESTORATION OF THE ALTERATION IN THE
MANNER DISCUSSED BELOW.
FOR THE ELIMINATION OF DOUBT, ALL SUCH RESTORATION
SHALL BE SUBJECT TO THE PROVISIONS HEREOF RELATING TO THE PERFORMANCE OF
ALTERATIONS.
PRIOR TO UNDERTAKING THE ALTERATION, TENANT SHALL FURNISH TO
LANDLORD ONE OF THE FOLLOWING (AS SELECTED BY TENANT): (I) A CASH DEPOSIT OR
(II) AN IRREVOCABLE, UNCONDITIONAL, NEGOTIABLE LETTER OF CREDIT,