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Upon termination of the lease, Lessee shall quit and surrender the Premises in as good a state and
<br /> condition as reasonable use and wear and tear thereof permit, damage by the elements or other
<br /> actions not caused by Lessee or its employees, agents, customers or invitees excepted.
<br /> S. ACKNOWLEDGEMENT. The Lessee acknowledges that the Premises is in a
<br /> facility interconnected and operated by the Everett Public Facilities District (referred to herein as
<br /> "EPFD"). Lessee agrees to cooperate with the EPFD in its use of the Premises and not use the
<br /> Premises in any manner detrimental to the operation of the facility.
<br /> 6. ALTERATIONS AND FIXTURES. Lessee has accepted the Premises in their
<br /> present condition(as-is). After prior written consent of Lessor, Lessee may make alterations,
<br /> additions and improvements in said Premises, at Lessee's sole cost and expense. In the
<br /> performance of such work, Lessee agrees to comply with all laws, ordinances, rules, and
<br /> regulations of any proper public authority, and to save Lessor harmless from damage, loss or
<br /> expense. Upon termination of this Lease, if Lessor elects to not retain Lessee's alterations and
<br /> improvements, Lessee shall remove such improvements installed by Lessee and restore the
<br /> Premises to its original condition not later than the termination date, at Lessee's sole cost and
<br /> expense. Any such improvements not so removed shall be removed at Lessee's expense
<br /> including the cost to repair any damage caused by such removal. All alterations and
<br /> improvements made to the Premises by either the Lessor or Lessee shall become part of the
<br /> building and shall remain on the Premises at the option of the Lessor without compensation to
<br /> the Lessee.
<br /> 7. LIENS. In the event the Premises shall at any time during the term of this lease
<br /> become subject to any suit brought to enforce a lien or any statement or claim of lien filed to
<br /> enforce a lien resulting from the furnishing of materials or labor to Lessee on the Premises,
<br /> Lessee may contest such lien by legal proceedings but shall, in any event, cause such lien, at its
<br /> sole cost,to be discharged within thirty(30) days after notice thereof by the substitution
<br /> therefore of a mechanic's lien release bond, by posting of adequate security for the payment
<br /> thereof(including all expenses incident thereto), or by such other method as shall be reasonably
<br /> satisfactory to Lessor.
<br /> 8. HOLD HARMLESS CLAUSE. Lessee agrees to and does hereby indemnify and
<br /> hold Lessor and the property of Lessor free and harmless from and against any and all claims,
<br /> actions, demands, suits, losses or liability resulting at any time from injury to or death of any
<br /> person or persons, and/or damage to any and all property occurring from the negligence or other
<br /> fault or omission of Lessee, its agents, servants, employees, subcontractors or sublicensees, in or
<br /> about the leased site, or resulting from any non-compliance with any law, ordinance or regulation
<br /> respecting the condition, use or occupation of the leased site or any part thereof, or arising or
<br /> resulting from the exercise by Lessee of any of its rights under the terms of this Lease. Without
<br /> limiting the generality of the foregoing,the within indemnification by Lessee of Lessor shall
<br /> include indemnification from any claim, action, demand, cause of action, suit or proceeding and
<br /> said indemnification shall in all events include any and all attorney's fees, court costs and other
<br /> legal expenses, and shall include the obligation of Lessee to appear in and defend any and all
<br /> such claims, actions or other legal proceedings whether judicial, quasi-judicial, administrative or
<br /> otherwise, against or affecting Lessor arising out of or pertaining to the performance or non-
<br /> performance of any duty by Lessee under the terms and provisions of the within Lease.
<br /> This paragraph does not purport to indemnify the Lessor against liability for damages
<br /> arising out of bodily injury to persons or damages caused by or resulting from the sole
<br /> negligence of the Lessor, its officers, employees and agents;provided,that if the claims or
<br /> damages are caused by or result from the concurrent negligence of(a)the Lessor, its officers,
<br /> employees or agents, and (b) Lessee, its agents, servants, employees, officers, subcontractors,
<br /> sublicensees, sublessees, successors or assigns, this indemnity provision shall be valid and
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