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ATTACHMENT 1 indemnifying Licensor against liability and holding the Premises free from the effect of such lien or claim. In addition, Licensor may require Licensee to pay Licensor's attorneys' fees and costs in participating in such action if Licensor shall decide it is in its best interest to do so. Licensee shall provide such payment, letter of credit or performance and payment bonds as requested by Licensor. Licensee shall maintain performance and payment bonds in an amount not less than 125% of the anticipated costs of the Licensee Improvements, or such other amount as Licensor shall from time to time require. 8.5 Notice of Completion. Licensee shall complete construction of the Improvements within ninety (90) days after the License Commencement Date and Licensee shall immediately upon completion of construction give written notice to Licensor of such completion. 9. ALTERATIONS AND ADDITIONS 9.1 After completion of Initial Improvements, Licensee shall not, without Licensor's prior written consent, make any alterations, improvements, additions, or utility installations in, on or about the Premises. In any event, Licensee shall make no change or alteration to the Premises without Licensor's prior written consent. Licensor may require that Licensee remove any or all of said alterations, improvements, additions or Utility Installations and require Licensee to provide Licensor, at Licensee's sole cost and expense, with a payment and performance bond in an amount equal to one and one-half times the estimated cost of removal of such improvements, to insure Licensor against any liability for mechanics' and material men's liens and to insure completion of the work. Should Licensee make any alterations, improvements, additions or Utility Installations without the prior approval of Licensor, Licensor may require that Licensee remove the same. 9.2 Requests for any alterations, improvements, additions or Utility Installations on the Premises that Licensee shall desire to make and which require the consent of the Licensor shall be presented to Licensor in written form, with proposed detailed plans. 9.3 Should Licensor consent to alterations of the Premises, Licensee shall submit to Licensor all plans and specifications which shall be subject to the Licensor's prior written approval, which shall not be unreasonably withheld or delayed. All approved plans and specifications shall be in compliance with all laws, rules, permits and authorizations from all pertinent governmental authorities and quasi- governmental authorities, including, but not limited to, those required under the ADA. 9.4 Unless Licensor requires their removal, as set forth in paragraph 9.1, all alterations, improvements, additions and Utility Installations (whether or not such Utility Installations constitute trade fixtures of Licensee), made on the Premises, shall become the property of Licensor and remain upon and be surrendered with the Premises at the expiration of the term. Notwithstanding the provisions of this paragraph, Licensee's machinery and equipment, other than that which is affixed to the Premises so that it cannot be removed without material damage to the Premises, shall remain the property of Licensee and may be removed by Licensee. Atty/Agr/2009.049 7 071108