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9. ALTERATIONS, INSTALLATION, FIXTURES: <br />a. AS IS Condition. Except as may be expressly modified herein, Tenant leases the <br />Leased Property in an 'AS IS" condition and Landlord shall not be responsible for any repairs or <br />modifications thereto. <br />b. Except as hereinafter provided, Tenant shall not make any alternation, additions, <br />or improvements in or to the Leased Property or add, disturb or in any way change any plumbing <br />or wiring therein without the prior written consent of Landlord. In the event alterations are <br />required by any governmental agency by reason of the use and occupancy of the Leased Property <br />by Tenant, Tenant shall make such alterations at its own cost and expense after first obtaining <br />Landlord's approval of plans and specifications therefore and furnishing such indemnification as <br />Landlord may reasonably require against liens, costs, damages and expenses arising out of such <br />alterations. Alterations or additions by Tenant must be done in compliance with all laws, <br />ordinances and governmental regulations affecting the Leased Property and Tenant shall warrant <br />to Landlord that all such alterations, additions, or improvements shall be in strict compliance <br />with all relevant laws, ordinances, governmental regulations, and insurance requirements. <br />Construction of such alterations or additions shall commence only upon Tenant obtaining and <br />exhibiting to Landlord the requisite approvals, licenses and permits and indemnification against <br />liens. All alterations, installations, physical additions or improvements to the Leased Property <br />made by Tenant shall at the option of Landlord become the property of Landlord and shall be <br />either removed by Tenant at Tenant's sole cost or surrendered to Landlord upon the termination <br />of this Lease; provided, however, this clause shall not apply to movable equipment or furniture <br />owned by Tenant which may be removed by Tenant at the end of the term if this Lease is not <br />then in default. <br />10. POSSESSION: <br />Except as hereinafter provided Landlord shall deliver possession of the Leased Property to <br />Tenant in the condition required by this Lease on or before the Commencement Date, but <br />delivery of possession prior to or later than such Commencement Date shall not affect the <br />expiration date of this Lease. The rentals herein reserved shall commence on the date when <br />possession of the Leased Property is delivered by Landlord to Tenant. Any occupancy by Tenant <br />prior to the beginning of the term shall in all respects be the same as that of Tenant under this <br />Lease. Landlord shall have no responsibility or liability for any loss or damage to fixtures, <br />facilities or equipment installed or left on the Leased Property. If Leased Property is not ready <br />for occupancy by Commencement Date and possession is later than Commencement Date, rent <br />shall begin on date of possession. If for any reason, Landlord cannot deliver possession of the <br />Leased Property to Tenant by the Commencement Date, in no event shall landlord be subject to <br />any liability for a delay in delivery and such failure shall not affect the validity of this Lease or <br />the obligations of tenant under, and Tenant's remedies for such delay shall be limited to <br />termination of this Lease in the event that Landlord fails to deliver the Leased Property to Tenant <br />within 30 days of the Commencement Date. <br />4 <br />