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12.2 Hold Harmless and Indemnity.
<br />To the extent that it is not covered by Lessor's insurance and to the extent permissible by law, Lessee shall
<br />indemnify Lessor for and shall hold Lessor harmless from all fines, claims, liabilities, and suits (including costs and
<br />expenses of defending against same) resulting from any breach or nonperformance of the lease by Lessee or Lessee's
<br />agents, employees, family, licensees, or invitees. To the extent that it is not covered by Lessee's insurance, Lessor
<br />shall indemnify Lessee for and shall hold Lessee harmless from all fines, claims, liabilities, and suits (including
<br />costs and expenses of defending against same) resulting from any breach or nonperformance of the lease by Lessor
<br />or Lessor's agents, employees, family, licensees, or invitees. To the extent that it is covered by Lessor's insurance,
<br />Lessor and Lessee shall not be liable to the other or the other's agents, employees, or family for any damage to
<br />personal property resulting from any act, omission, or negligence of any other tenant, visitor, or occupant of the
<br />office building. This paragraph shall survive termination or expiration of this lease. The provisions of this
<br />paragraph 12.2 are limited as follows: All obligations of the Lessee, shall be enforceable against Lessee only
<br />to the extent permitted by law and with the limitation and understanding of Lessor that Lessee in no
<br />manner waives any limitations on liability or any immunity from suit or liability granted by applicable laws
<br />or the Texas Constitution.
<br />13.1 Alterations by Lessee.
<br />Lessee may not make any alterations, improvements, door lock changes, or other modifications of any kind to the
<br />leased premises without Lessor's written consent. Consent for governmentally required changes may not be
<br />unreasonably withheld. "Alterations" include but are not limited to improvements glued, screwed, nailed, or
<br />otherwise permanently attached to the building, structural changes, roof and wall penetrations, and all plumbing,
<br />electrical, and HVAC changes. Requests for Lessor's approval shall be in writing and shall be detailed to Lessor's
<br />reasonable satisfaction. The foregoing shall be done only by Lessor's contractors or employees or by third parties
<br />approved by Lessor in writing. Lessee shall pay in advance for any requested alterations, improvements, or other
<br />modifications which are approved and performed by Lessor. If same are performed by Lessee with Lessor's
<br />permission, Lessee shall not allow any liens to be placed against the buildings as a result of such additions or
<br />alterations. Alterations, improvements, and modifications done at Lessee's request shall comply with all applicable
<br />laws. Changes in Lessee's alterations or improvements in Lessee's space which may be later required by
<br />governmental action shall also be paid for by Lessee.
<br />13.2 Americans With Disabilities Act.
<br />Lessor shall be responsible for any requirements under the Americans with Disabilities Act or similar state or local
<br />laws as they relate to any common area entrance and exit doorways and elevators and any doors into Lessee's office
<br />space and to structural building items that Lessor is required to maintain under the terms of this lease. Lessee agrees
<br />to cooperate fully with Lessor to enable Lessor to timely comply with the provisions of this paragraph and to
<br />immediately forward to Lessor any notice Lessee receives regarding complaints, injuries, or claims by anyone
<br />claiming that those items which are the responsibility of Lessor do not comply with the provisions of the Americans
<br />with Disabilities Act. Lessee shall be responsible for any requirements under such architectural barrier laws as they
<br />relate to Lessee's use of Lessee's office space, including, but not limited to, the positioning of Lessee's furnishings
<br />within the office space.
<br />14.1 Removal of Property by Lessee.
<br />Lessee may remove its trade fixtures, furniture, and equipment only if (i) such removal is made prior to the end of
<br />the lease term, (ii) Lessee is not in default under this lease at time of removal, and (iii) such removal is not in
<br />anticipation of an early moveout prior to the end of the lease term. Lessee shall pay all costs of removal. Lessee
<br />shall have no rights to property remaining on the leased premises after moveout. Upon moveout, Lessee may not
<br />remove any alterations as defined in paragraph 13.1 or improvements such as wall -to -wall carpeting, book shelves,
<br />window coverings, drapes, cabinets, paneling, counters, kitchen or breakroom built -ins, shelving, wall covering, and
<br />anything else attached to the floor, walls, or ceilings. If and only if Lessor requests in writing no later than one
<br />month after Lessee moves out and receives the consent of Lessor, Lessee may remove alterations, fixtures,
<br />equipment, cabling, and other property installed by Lessee. Lessee shall pay for cleaning or repairing damage
<br />caused by Lessee's removal of any property.
<br />Building name: Hays County Government Center
<br />Lessor's Name: Hays County, Texas
<br />Lessee's name: The City of San Marcos
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<br />Lessor initials: ✓'"
<br />Lessee initials:
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