AND SPECIFICATIONS AND THE
COST ESTIMATE THEREFOR (PREPARED BY THE REPUTABLE ARCHITECT SELECTED BY LESSEE)
SHALL HAVE BEEN DELIVERED TO AND REASONABLY APPROVED BY LESSOR;
(B)
LESSEE SHALL HAVE DELIVERED TO LESSOR
SECURITY, REASONABLY SATISFACTORY TO LESSOR, OR A SURETY BOND ISSUED BY A SURETY
COMPANY OF RECOGNIZED RESPONSIBILITY, SATISFACTORY TO LESSOR IN AN AMOUNT AT
LEAST EQUAL TO 110% OF THE ESTIMATED COST OF SUCH WORK (BUT LESS THE NET AMOUNT
FOR WHICH A CASUALTY INSURANCE AWARD HAS BEEN MADE AND ACTUALLY PAID TO LESSOR)
CONDITIONED UPON AND SECURING THE COMPLETION OF AND PAYMENT FOR SUCH WORK, AND
5
(C)
LESSEE SHALL HAVE PROCURED AND PAID FOR ALL
PERMITS AND AUTHORIZATIONS FROM ALL GOVERNMENTAL AUTHORITIES HAVING JURISDICTION
THEREOVER, AND SHALL HAVE DELIVERED COPIES THEREOF TO LESSOR.
9.5
AT ALL TIMES WHEN THE WORK IS IN PROGRESS,
LESSEE SHALL, AT LESSEE'S SOLE COST AND EXPENSE, MAINTAIN, OR CAUSE TO BE
MAINTAINED, WORKMEN'S COMPENSATION INSURANCE COVERING ALL PERSONS EMPLOYED IN
CONNECTION WITH THE WORK AND WITH RESPECT TO WHOM DEATH OR PERSONAL INJURY
CLAIMS COULD BE ASSERTED AGAINST LESSOR, LESSEE OR THE LEASED PROPERTY; AND
SHALL DELIVER TO LESSOR WITH PROOF OF PAYMENT OF THE PREMIUM THEREFOR
COMPREHENSIVE GENERAL LIABILITY INSURANCE FOR THE MUTUAL BENEFIT OF LESSEE AND
LESSOR EXPRESSLY COVERING THE ADDITIONAL HAZARDS DUE TO THE WORK, WITH LIMITS OF
NOT LESS THAN $1,000,000 U.S. DOLLARS IN THE EVENT OF DEATH OR PERSONAL INJURY
TO ANY ONE PERSON AND NOT LESS THAN $2,000,000 U.S. DOLLARS IN THE EVENT OF
DEATH OR PERSONAL INJURY TO ANY NUMBER OF PERSONS IN ONE ACCIDENT AND OF NOT
LESS THAN $1,000,000 U.S. DOLLARS FOR PROPERTY DAMAGE.
THE POLICY OF
COMPREHENSIVE GENERAL LIABILITY INSURANCE, INSOFAR AS IT RELATES TO PROPERTY
DAMAGE, SHALL NOT CONTAIN ANY RESTRICTIVE CLAUSES RELATING TO EXCAVATING, SHEET
PILING, MOVING, SHORING, UNDERPINNING, REMOVAL AND REBUILDING OF STRUCTURAL
SUPPORTS OR SUBSURFACE WORK OR ANY SIMILAR RESTRICTIVE CLAUSES.
THE
COMPREHENSIVE GENERAL LIABILITY INSURANCE PROVIDED FOR IN THIS SECTION 9.5
MAY BE EFFECTED BY AN APPROPRIATE ENDORSEMENT, IF OBTAINABLE, UPON THE INSURANCE
REQUIRED TO BE MAINTAINED BY LESSEE PURSUANT TO SECTION 11.1.
ALL INSURANCE OF
THE CHARACTER IN THIS SUBDIVISION DESCRIBED SHALL BE ISSUED BY COMPANIES OF THE
SAME CHARACTER AS DESCRIBED IN SECTION 11.5.
9.6
ALL PERMITTED CHANGES, ALTERATIONS AND
IMPROVEMENTS SHALL BE PROSECUTED DILIGENTLY AND PERFORMED IN A GOOD AND
WORKMANLIKE MANNER IN ACCORDANCE WITH ALL APPLICABLE LAWS, ORDINANCES AND
REGULATIONS, AND THE PLANS AND SPECIFICATIONS APPROVED BY LESSOR.
ALL OF THE
MATERIALS USED SHALL BE NEW AND FREE OF ALL LIENS, ENCUMBRANCES, FINANCING
STATEMENTS, CHATTEL MORTGAGES, CONDITIONAL BILLS OF SALE AND TITLE RETENTION OR
SECURITY AGREEMENTS.
LESSEE SHALL OBTAIN, KEEP IN EFFECT, AND FURNISH TO LESSOR
COPIES OF ALL PERMITS, LICENSES, CONSENTS AND APPROVALS REQUIRED BY ANY
GOVERNMENTAL OR MUNICIPAL BODY HAVING JURISDICTION OVER THE LEASED PROPERTY IN
CONNECTION WITH ANY WORK UNDERTAKEN BY OR ON BEHALF OF LESSEE.
9.7
THIS LEASE SHALL NOT BE AFFECTED OR
SUSPENDED, NOR SHALL THE PURPOSES OF THIS LEASE BE DEEMED FRUSTRATED, NOR SHALL
THE