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<br />Page I of 4
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<br />EXHIBIT" C "
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<br />CONSTRUCTION WORK
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<br />Tenant shall be responsible for completing and doing all construction work upon the Demised Premises ("Tenant's
<br />Work") with the exception of those items listed under SECTION II. LANDLORD'S WORK. An materials and
<br />equipment furnished in connection with Tenant's Work shall be new, and all Tenants' Work shall be done in a first
<br />class and workmanlike manner. Tenant's Work shall also be performed in strict accordance with all applicable laws
<br />and ordinances, all applicable rules, regulations and standards ofal! governmental authonties havingjurisdiction and
<br />all requirements of insurance companies which provide insurance with respect to the Demised Premises and/or the
<br />building in which the Demised Premises are to be located.
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<br />A. Plans and Specifications. At least 15 days prior to the beginning of construction of Ten ant's Work withm
<br />the Demised Premises, Tenant shall furnish to Landlord or Landlord's Agent, for Landlord's approval, three (3) sets
<br />of preliminary plans for all of Tenant's Work. Landlord or Landlord's Agent shall, within 10 days thereafter, notify
<br />Tenant of any manner in which the preliminary plans fail to meet with Landlord's approval, in Landlord's sole
<br />discretion. Tenant shall, within 14 days after said notification by Landlord, resubmit to Landlord or Landlord's
<br />Agent, for Landlord's approval, three (3) sets of revised preliminary plans Incorporating all of Landlord's required
<br />changes and finalized working drawmgs and specifications for such revised preliminary plans. When Landlord
<br />determines that such revised prehminary plans, drawings and specifications are satisfactory, Landlord shall approve
<br />them and return to Tenant a copy ofthereofinitialed by Landlord ("Approved Plans"), and the Approved Plans shall
<br />be deemed incorporated into this Lease.
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<br />B. Approval of Initial Plans and Specifications. If, within 10 days after full execution of this Lease,
<br />Tenant's preliminary plans, drawings and specifications are not approved by Landlord as a result of Tenant's failure
<br />to meet with Landlord's approval, in Landlord's sole discretton, Landlord shall have the option either to prepare or
<br />revise such plans, drawings or speclflcations at Tenant's cost (such plans, drawings and specifications as so prepared
<br />or revised being deemed the Approved Plans), or to terminate this Lease In which event neither party shall have any
<br />further obligation under this Lease. All Tenants' Work shall be performed in strict accordance with the Approved
<br />Plans, and the Approved Plans may be amended only with prior written consent of Landlord.
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<br />C. Contractors. Prior to the commencement of Tenant's Work, Tenant shall submit to Landlord or
<br />Landlord's Agent, for Landlord's approval, a list of contractors which Tenant is considering to perform Tenant's
<br />Work. Tenant must obtain Landlord's pnor written approval of its contractors and ofthe terms of the construction
<br />contracts between Tenant and Its contractors before commencing any of Tenant's Work In addition, Landlord or
<br />Landlord's Agent shall have the right to remove from the Demised Premises any contractor or subcontractor which
<br />Landlord reasonably believes to be interfering with other construction work being perfooned at or about the
<br />Shopping Center or to be performing its work in a substandard manner
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<br />D. Insurance and Bonding. Tenant's contractors shall be required to provide the following types of
<br />insurance and bonds in the following mimmum amoWlts naming Landlord and any designee of Landlord as
<br />additional insured, issued by companies approved by Landlord.
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<br />(i) Workman's Compensation coverage with limits of a least $500,000 00 for the employer's liability
<br />coverage hereunder, or statulory limits if greater
<br />(ii) Builder's Risk-Completed Value fire and extended coverage, covering damage to the construction
<br />and improvements to be made by Tenant, m amounts at least equal to the estimated completed cost
<br />of such construction and improvements, with 100 percent co-insurance protection.
<br />(iii) Automobile Liability coverage with bodily injury limits of at least $500,000 00 per accident for
<br />property damage.
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<br />E. Indemnification. To the extent allowed by applicable law Tenant hereby assumes any and all liability,
<br />including but not limited to any liability arising out of statutory or common law, for any and all injuries to or death
<br />of any and all persons and for any and all damaged property caused by, or resulting from, or arising out of any act or
<br />omission on the part of Tenant, its contractors and its or their subcontractors or employees in the performance of
<br />Tenant's Work and agrees to defend, mdemnify and hold harmless Landlord from and against any and all damages,
<br />costs, liabilities, losses and/or expenses (including legal fees and court costs) which Landlord may incur, suffer or
<br />pay as a result of claims or lawsuits due to, because of or arising out of any and all such injuries, death and/or
<br />damage. . All costs of Tenant's Work shall be paid promptly so as to prevent the assertion of any liens for labor or
<br />materials, and Tenant shall cause all contractors and subcontractors performing Tenant's Work to furnish such lien
<br />waivers and release as Landlord may require in connection with Tenant's Work.
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