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(d) Encumbrances. LESSEE represents, warrants and covenants to LESSOR that the
<br />Prmmises 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 tbrougb 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 LESSEES 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 to 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 AUM vats. 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 hdesnity. LESSEE shall ware 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 coats 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 emistruction 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, fagade, 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) win 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 m effect.
<br />SECTION 6. CONSTRUCTION OF LESSOR'S IMPROV -1—W— l'S.
<br />The LESSOR shall construct the "shell" or strnrctture 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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