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(d) Encumbrances. LESSEE represents, warrants and covenants to LESSOR that the
<br /> Premises shall be at all times kept free and clear of all liens, claims and encumbrances created by
<br /> or through LESSEE (other than those created or consented to by LESSOR). If any claim of lien
<br /> or notice of lien shall be filed against the Premises created by or through LESSEE, LESSEE
<br /> shall, within forty-five (45) calendar days after notice of any such filing, cause the same to be
<br /> discharged of record by payment, deposit, transfer bond, or order of a court of competent
<br /> jurisdiction. LESSOR shall not be deemed to be LESSEE's agent so as to confer upon any
<br /> contractor or subcontractor providing labor or services to the Premises (whether in connection
<br /> with LESSEE's Improvements or otherwise) a construction lien, mechanic's lien or both against
<br /> LESSOR's estate under the provisions of Chapters 255 and 713, Florida Statutes, as amended
<br /> from time to time. The foregoing shall be contained in a notice or memorandum disclaiming
<br /> such liability on the part of the LESSOR which shall be recorded in the Public Records of
<br /> Miami-Dade County in accordance with Chapters 255 and 713, Florida Statutes.
<br /> (e) Required Governmental Approvals. LESSEE, at its sole cost and expense, shall
<br /> obtain all required governmental approvals from all governmental agencies having jurisdiction
<br /> over the Premises for any Improvements constructed or to be constructed by LESSEE, including
<br /> but not limited to departments, divisions or offices of the State, County, City, and the federal
<br /> government.
<br /> (f) Contractor Indemnity. LESSEE shall require any contractor performing any work
<br /> in connection with its Improvements to indemnify and hold LESSOR (including its elected
<br /> officials, officers, employees and agents) harmless from any and all loss, damage, cost, or
<br /> expense, including, but not limited to, attorney fees and court costs through all trial and appellate
<br /> levels with respect to personal injury, property damage or both caused by such contractor, its
<br /> subcontractors, agents and employees in connection with performing such work.
<br /> (g) Alterations. Except for the construction of LESSEE's Improvements discussed
<br /> herein, LESSEE shall not cut, drill into, disfigure, deface or injure any part of the Premises or
<br /> perform or undertake any alteration, addition, improvement or construction to or in the Premises,
<br /> other than minor or cosmetic alterations which are interior and nonstructural in nature, without
<br /> LESSOR's prior written consent, which consent shall be unreasonably withheld nor delayed
<br /> except, however, that LESSOR may withhold or delay consent at LESSOR's sole discretion, for
<br /> any alteration or Improvement which (i) will alter or affect any portion of the plumbing, heating,
<br /> ventilating, air conditioning, mechanical, electrical and other building systems, installations and
<br /> facilities of the Premises or structure, façade, wall, roof, or foundation of the Premises, the Pier
<br /> or both; (ii) will detract from the use or character of the Premises or be visible from the exterior
<br /> of the Premises; (iii) will require amendment of any certificate of occupancy for the Premises;
<br /> (iv) will require the consent of any insurer under any of LESSOR's or LESSEE's policies of
<br /> insurance covering the Premises; or (v) void or otherwise adversely impair any applicable
<br /> roofing guaranty in effect.
<br /> SECTION 6. CONSTRUCTION OF LESSOR'S IMPROVEMENTS.
<br /> The LESSOR shall construct the "shell" or structure of the restaurant facilities and bait
<br /> shop, which shall consist of exterior and interior walls and utility connections to bring electric
<br /> and water into the Premises. The LESSOR shall not at any time undertake or be responsible for
<br /> any construction, repair alteration, improvement or maintenance to electrical or plumbing work,
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