Common use of Construction by the Lessee Clause in Contracts

Construction by the Lessee. Use this paragraph if the Lessee is not permitted to do construction work: During the Term of this Lease, and any renewal, extension or holdover thereof, if the Lessee desires any additional work to be performed in the Demised Premises, it shall make a request for the same by submitting a Tenant Alteration Request form (hereinafter referred to as a “TAR”) to the Lessor, in accordance with the directions on the TAR. The TAR and instructions on how to complete it can be found on the OGS website at xxxxx://xxx.xx.xxx/tenant-alteration- request-tar-101-form. If the State determines that the requested work will be done, it will cause the same to be performed in a timely manner, at the Lessee’s sole cost and expense. The Lessee will be solely responsible to pay the State, as additional rent, the cost of all work performed under this section within thirty (30) days of receipt of an invoice of the same. In the event any construction, improvement, alteration, modification, addition, repair or replacement is made without the State’s consent, then the State shall remove or change such work to the reasonable satisfaction of the State, and the Lessee shall pay the cost thereof to the State, as additional rent, on demand. Use a-b below if the Lessee is permitted to do construction work: (a) During the Term of this Lease, and any renewal, extension or holdover thereof, if the Lessee desires any additional work to be performed in the Demised Premises, it shall make a request for the same by submitting a Tenant Alteration Request form (hereinafter referred to as a “TAR”) to the Lessor, in accordance with the directions on the TAR. The TAR and instructions on how to complete it can be found on the OGS website at xxxxx://xxx.xx.xxx/tenant-alteration-request-tar-101-form. Except as herein expressly provided, during the Term of this Lease, the Lessee shall not without the prior, written approval of the State, which shall not be unreasonably withheld, conditioned or delayed, erect any structures, make any improvements or do any other construction work in the Demised Premises or elsewhere at the Plaza, or alter, modify, or make additions, improvements or repairs to or replacements of any structure now existing or built at any time, or install any fixtures (other than trade fixtures removable without irreparable injury to the Demised Premises); and in the event any construction, improvement, alteration, modification, addition, repair or replacement is made without such consent, then, upon reasonable notice, the Lessee will remove the same, or, at the option of the State, cause the same to be changed to the reasonable satisfaction of the State, or the State may affect the removal or change, and the Lessee shall pay the cost thereof to the State, as additional rent, on demand. The State shall either approve or disapprove, with reasonable explanation for such disapproval, any such plans submitted to the State, within twenty (20) days of submission. If the State fails to approve or disapprove within such time frame, the Lessee shall again submit such plans to the State and the State shall have an additional period of seven (7) days, or such longer period as mutually agreed to by the Parties, to either approve or disapprove, with reasonable explanation for such disapproval, or such plans shall be deemed approved. Notwithstanding anything contained herein to the contrary, the State shall have no approval rights over interior, non-structural alterations that do not affect any building systems and which cost less than $50,000 in the aggregate, except for signage which will be approved in accordance with Section 25 of this Lease. (b) In the event that pursuant to this section or otherwise, the Lessee is required or permitted to perform construction, finishing, decorating, alteration or improvement work to the Demised Premises or to make repairs thereto, all of the same shall be made or performed strictly in accordance with the following terms and conditions. (1) The Lessee shall, to the extent allowed under the law, indemnify and hold harmless the State, its officers, agents and employees, against the following distinct and several risks, whether they arise from acts or omissions of the Lessee, the State, their officers, agents and employees or of third persons, or from acts of God or of the public enemy, or otherwise excepting only risks to the extent resulting from the negligence of the State or its officers or employees, acting within the course and scope of their employment: (i) The risk of loss or damage to all such construction, finishing, decorating, alteration, improvement or repair work prior to the completion thereof. In the event of such loss or damage, the Lessee shall forthwith repair, replace and make good the work without cost to the State. (ii) The risk of death, injury or damage, direct or consequential to the State, its officers, agents and employees, and to its or their property, arising out of or in connection with the performance of the work. The Lessee shall indemnify the State, its officers, agents and employees, for all such deaths, injuries and damages, and for all loss suffered by reason thereof. (iii) The risk of claims and demands, just or unjust, by third persons against the State, its officers, agents and employees arising or alleged to arise out of the performance of the work. The Lessee shall indemnify the State, its officers, agents and employees, against and from (and shall reimburse to the State for the State's costs or expenses, including reasonable legal expenses, incurred in connection with the defense of) all such claims and demands. (2) All work done pursuant to this section shall be done in accordance with drawings and specifications to be submitted to and approved by the State prior to the commencement of the work, except as otherwise set forth herein, shall be done to its reasonable satisfaction and shall be subject to its inspection during the progress of such work and after completion thereof; and the Lessee shall redo or replace, at its own expense, any work not reasonably approved by the State. Unless otherwise expressly provided herein, all workmanship and materials are required to be “first class.” (3) The Lessee shall pay all claims lawfully made against it by its contractors, subcontractors, material men and workmen and all claims lawfully made against it by other third persons arising out of or in connection with or because of the performance of the work and shall cause its contractors and subcontractors to pay all such claims lawfully made against them. (4) Prior to the commencement of any work, the Lessee shall procure and maintain commercial general liability insurance, or, if the work is to be done by an independent contractor, the Lessee shall require such contractor to procure and maintain such insurance in the name of the contractor, in either case, in limits not lower than those set forth for such categories of insurance in Section 26 of this Lease, naming the People of the State of New York, the New York State Office of General Services and their officers, agents and employees as additional insureds, and if not so set forth, then as may be reasonably specified in advance by the State. Proof of compliance shall be submitted to The New York State Office of General Services, Division of Real Estate Services, Bureau of Commercial Lease Management, The Governor Xxxxxx X. Xxxxxxxxxxx Empire State Plaza, Corning Tower, 40th Floor, Albany, New York 12242 prior to the commencement of the work. (5) As soon as such construction, finishing, decorating, alteration or improvement or repair shall have been completed to the reasonable satisfaction of the State, then title thereto and property therein shall immediately and without execution of any further instrument vest in the State (excluding personal property, trade fixtures and equipment), and all such construction, finishes, decorations, alterations, improvements or repairs shall thereupon become and thereafter be part of the Demised Premises and on request the Lessee shall execute such documents confirming the same as the State may require. The Lessee remains liable for any liens filed against the Demised Premises for the construction activities permitted herein.

Construction by the Lessee. Use this paragraph if (a) The Lessee shall not erect any structures, make any modifications, alterations, additions, improvements, repairs or replacements or do any construction work on or to the Lessee is not permitted premises, or install any fixtures in or on the premises (other than trade fixtures, removable without injury to do construction work: During the Term premises) without the prior consent of this Leasethe Port Authority, and any renewal, extension or holdover thereof, if the Lessee desires any additional work to be performed in the Demised Premises, it shall make a request for the same by submitting a Tenant Alteration Request form (hereinafter referred to as a “TAR”) to the Lessor, in accordance with the directions on the TAR. The TAR and instructions on how to complete it can be found on the OGS website at xxxxx://xxx.xx.xxx/tenant-alteration- request-tar-101-form. If the State determines that the requested work will be done, it will cause the same to be performed in a timely manner, at the Lessee’s sole cost and expense. The Lessee will be solely responsible to pay the State, as additional rent, the cost of all work performed under this section within thirty (30) days of receipt of an invoice of the same. In the event any construction, constructions improvement, alteration, modification, addition, repair or replacement is made or done with or without such consent and unless the State’s consentconsent of the Port Authority shall expressly provide otherwise, then the State same shall immediately become the property of the Port Authority and the Lessee shall have no right to change or remove the same either during the term or at the expiration thereof. Notwithstanding the foregoing, immediately upon notice from the Port Authority given at any time during the letting, the Lessee shall remove or change any of the same made or done by it without the Port Authority's consent, and in the case of any of the same made or done with the Port Authority's consent, the Lessee if so required by notice from the Port Authority, shall remove or change the same immediately upon the expiration or termination of the letting, or immediately upon receipt of such notice as may be given within sixty (60) days after such expiration or termination. With respect to any modifications, additions, alterations, improvements, installations or construction made or done by the Port Authority at the request of the Lessee either prior to or during the term of the letting, the Lessee shall have the same obligations as provided above with respect to that made or done by the Lessee with the Port Authority's consent. (b) The Lessee has thoroughly examined and inspected the premises and agrees to take the premises "as is" in the condition they are in when vacated by the occupant thereof and turned over to the Lessee by the Port Authority. `The Lessee acknowledges that it has not relied upon any representation or statement of the Port Authority or of its Commissioners, officers, agents or employees as to the suitability of the premises for the operations permitted thereon by this Agreement. The Port Authority shall have no obligation hereunder for finishing work or preparation of the premises for the Lessee's use unless there is a Schedule C attached hereto, in which event, as an undertaking collateral to the letting hereunder, and subject to all of the provisions of this Agreement (including but not limited to the Section of this Agreement entitled "Force Majeure"), the Port Authority, through its employees, agents, representatives, contractors and subcontractors, at its cost and expense, shall cause the premises to be finished substantially in accordance with the provisions of Schedule C and any attachments thereto depicting the construction and finishing work to be performed by the reasonable satisfaction Port Authority, all of which has heretofore been reviewed and approved by the Lessee. The Lessee hereby acknowledges that upon the substantial completion of the Stateconstruction and finishing work to be performed by the Port Authority, the premises will be suitable for the Lessee's operations hereunder, and the Lessee hereby further acknowledges that it has not relied upon any representation or statement of the Port Authority or its Commissioners, officers, agents or employees as to the suitability of the premises for the operations permitted thereon by this Agreement. If there is no Schedule C attached hereto, the Port Authority shall pay have no obligation to perform construction and finishing work hereunder and the Lessee agrees to perform at its sole cost and expense all construction and installation work that it may require to finish off and decorate the premises. Without limiting the generality of the foregoing, the Lessee acknowledges that facilities for heat, ventilation and air cooling have heretofore been installed in the premises pursuant to a certain design configuration and the Port Authority makes no representations that such heat, ventilation and air-cooling shall be adequate for the Lessee's needs and in the event any alteration to such facilities shall be required the cost thereof to of the State, as additional rent, on demand. Use a-b below if same shall be borne by the Lessee unless the Port Authority is permitted performing the construction and finishing work hereunder pursuant to do construction work:Schedule C in which event the heat, ventilation and air-cooling shall provide an adequate working temperature. WTC-SOL3195 (ac) During the Term of this LeaseWith respect to all modifications, and any renewalalterations, extension additions, improvements, repairs, replacements or holdover thereof, if the Lessee desires any additional other construction or installation work proposed to be performed by the Lessee in or on the Demised Premises, it shall make a request for the same by submitting a Tenant Alteration Request form premises (hereinafter referred to as a “TAR”the "construction and installation work") to the Lessor, in accordance with the directions on the TAR. The TAR and instructions on how to complete it can be found on the OGS website at xxxxx://xxx.xx.xxx/tenant-alteration-request-tar-101-form. Except as herein expressly provided, during the Term of this Lease, the Lessee shall not without submit to the prior, written Port Authority for its approval of a construction application for the State, which shall not be unreasonably withheld, conditioned or delayed, erect any structures, make any improvements or do any other construction work premises in the Demised Premises or elsewhere at form supplied by the Plaza, or alter, modify, or make additions, improvements or repairs Port Authority and containing such terms and conditions as the Port Authority may include setting forth in detail and by appropriate plans and specifications the construction and installation work proposed by the Lessee to or replacements finish off and decorate the premises and the manner of and time periods for performing the same. No construction and installation work shall be commenced by The Lessee in the premises until the construction application and plans and specifications have been finally approved by the Port Authority. In the event of any structure now existing or built at any time, or install any fixtures (other than trade fixtures removable without irreparable injury to inconsistency between the Demised Premises); provisions of this Agreement and in the event any construction, improvement, alteration, modification, addition, repair or replacement is made without such consent, then, upon reasonable noticeconstruction application, the provisions of this Agreement shall control. The data to be supplied by the Lessee will remove shall describe in detail the samefixtures, equipment and systems, if any, to be installed by the Lessee or, at if already installed, to be modified by the option Lessee including those for the emission, handling and distribution of heat, air conditioning, domestic hot and cold water and electrical and other systems and shall show the State, cause proposed method of tying in the same to be changed to the reasonable satisfaction of utility lines or connections provided by the State, Port Authority either on or off the State may affect the removal or change, and the premises. The Lessee shall pay install all electrical distribution equipment required, including but not limited to, service switches, current transformer cabinets and, if the cost thereof to the State, as additional rent, on demand. The State shall either approve or disapprove, with reasonable explanation consumption and demand for such disapproval, any such plans submitted to the State, within twenty (20) days of submission. If the State fails to approve or disapprove within such time frame, the Lessee shall again submit such plans to the State and the State shall have an additional period of seven (7) days, or such longer period as mutually agreed to electricity by the Parties, to either approve or disapprove, with reasonable explanation for such disapproval, or such plans shall be deemed approved. Notwithstanding anything contained herein to the contrary, the State shall have no approval rights over interior, non-structural alterations that do not affect any building systems and which cost less than $50,000 in the aggregate, except for signage which will be approved in accordance with Section 25 of this Lease. (b) In the event that pursuant to this section or otherwise, the Lessee is to be metered, meter pans suitable for the installation by the Port Authority of an electric meter or meters. The Lessee shall be responsible at its sole expense for retaining all architectural, engineering and other technical consultants and services as may be required by the Port Authority and for developing, completing and submitting detailed plans and specifications for the work. The plans, and specifications to be submitted by the Lessee to the Port Authority shall bear the seal of a qualified architect or permitted professional engineer and shall be in sufficient detail for a contractor to perform constructionthe work. The Lessee shall not engage any contractor or permit the use of any subcontractor unless and until each such contractor or subcontractor shall have been approved by the Port Authority. The Lessee shall include in each such contract or subcontract such provisions as the Port Authority may approve or require including, finishing, decorating, alteration or improvement work to the Demised Premises or to make repairs without limitation thereto, all of the same shall be made or performed strictly in accordance with the following terms and conditions. (1) provisions regarding labor harmony. The Lessee shall, to hereby assumes the extent allowed under the law, indemnify and hold harmless the State, its officers, agents and employees, against the following distinct and several risks, whether they arise from acts or omissions of the Lessee, the State, their officers, agents and employees or of third persons, or from acts of God or of the public enemy, or otherwise excepting only risks to the extent resulting from the negligence of the State or its officers or employees, acting within the course and scope of their employment: (i) The risk of loss or damage to all such construction, finishing, decorating, alteration, improvement or repair of the construction and installation work prior to the completion thereofthereof and the risk of loss or damage to all property of the Port Authority arising out of or in connection with the performance of the construction and installation work. In the event of such loss or damage, the Lessee shall forthwith repair, replace and make good the construction and installation work and the property of the Port Authority without cost or expense to the State. (ii) Port Authority. The risk of death, injury or damage, direct or consequential Lessee shall itself and shall also require its contractors to indemnify and hold harmless the StatePort Authority, its Commissioners, officers, agents and employees, employees from and to its or their property, arising out of or in connection with the performance of the work. The Lessee shall indemnify the State, its officers, agents and employees, for against all such deaths, injuries and damages, and for all loss suffered by reason thereof. (iii) The risk of claims and demands, just or unjust, by of third persons against the State(including employees, its officers, and agents and employees of the Port Authority) arising or alleged to arise out of the performance of the work. The Lessee shall indemnify construction and installation work and for all expenses, including without limitation thereto legal expenses (including the Statecosts to the Port Authority of its in-house legal counsel), incurred by it and by them in the defense, settlement or satisfaction thereof, including without limitation thereto, claims and demands for death, for personal injury or for property damage, direct or consequential, whether they arise from the acts or omissions of the Lessee, of any contractors of the Lessee, of the Port Authority, or of third persons, or from acts of God or of the public enemy, or otherwise, excepting only claims and demands which result solely from affirmative willful acts done by the Port Authority, its Commissioners, officers, agents and employeesemployees with respect to the construction and installation work, against and from (provided, however that the Lessee shall not be required to indemnify the Port Authority where such indemnity would be precluded pursuant to the provisions of Section 5-322.1 of the General Obligations Law of the State of New York. The Lessee shall, and shall reimburse to the State for the State's costs or expensescause each of its contractors and subcontractors to, obtain and maintain in force such insurance coverage, including reasonable legal expenseswithout limitation a contractual liability endorsement covering the obligations assumed by the Lessee in the three preceding sentences, incurred in connection with and performance bonds as the defense of) all such claims and demands. (2) Port Authority shall specify. All work done pursuant to this section be performed by the Lessee hereunder shall be done in accordance with drawings the said construction application and final plans and specifications to be submitted to and approved by the State prior to the commencement of the workPort Authority, except as otherwise set forth herein, shall be done to its reasonable satisfaction and shall be subject to its inspection by the Port Authority during the progress of such the work and after the completion thereof; thereof and the Lessee shall redo or replace, replace at its own expense, expense any work not reasonably done in accordance therewith. Upon completion of the construction and installation work to be performed by the Lessee pursuant to the construction application the Lessee shall deliver to the Port WTC-SOL3195 Authority a certificate by an authorized officer of the Lessee and a certificate by the Lessee's qualified architect or professional engineer, each certifying that the construction and installation work has been performed strictly in accordance with the construction application and the final plans and specifications approved by the StatePort Authority and the provisions of this Agreement and in compliance with all applicable governmental laws, ordinances, enactments, resolutions, rules, regulations and orders. Unless otherwise expressly provided hereinThe Port Authority shall inspect the construction and installation work and if the same has been completed as certified by the Lessee and such architect or engineer, the Port Authority's Assistant Director, Physical Facilities, World Trade Department, shall so certify to the Port Authority and to the Lessee, subject to the condition that all workmanship risks thereafter with respect to the construction and materials installation work and any liability therefor for negligence or other reason shall be borne by the Lessee. The Lessee shall not use or permit the use of any portion of the premises in which the construction and installation work is being performed for any purpose whatsoever until such certification is received from said Assistant Director, Physical Facilities, and the Lessee shall not use or permit the use of such portion of the premises even if such certification is received with respect to a portion of the construction and installation work if said Assistant Director, Physical Facilities, states in any such certification that such portion of the premises cannot be used until other specified portions of the construction and installation work are required to be “first classcompleted. Upon completion of the work the Lessee shall supply the Port Authority with "as built" drawings in form and number requested by the Port Authority.” (3d) The Lessee shall pay all claims lawfully made against it be solely responsible for the plans and specifications used by its contractorsit, subcontractors, material men and workmen for the adequacy and sufficiency of such plans and specifications and all claims lawfully made against it the improvements depicted thereon or covered thereby, regardless of the consent thereto or approval thereof by other third persons arising out the Port Authority or the incorporation therein of any Port Authority requirements or recommendations. The Port Authority shall have no obligations or liabilities in connection with or because of the performance of the work and performed by the Lessee or on its behalf or the contracts for the performance thereof entered into by the Lessee. Any warranties extended or available to the Lessee in connection with the aforesaid work shall cause its contractors and subcontractors to pay all such claims lawfully made against thembe for the benefit of the Port Authority as well as the Lessee. (4e) Prior Title to and property in the commencement of any work, construction and installation work performed by the Lessee shall procure or the construction and maintain commercial general liability insurance, or, if the finishing work is to be done by an independent contractor, the Lessee shall require such contractor to procure and maintain such insurance in the name of the contractor, in either case, in limits not lower than those set forth for such categories of insurance in Section 26 of this Lease, naming the People of the State of New York, the New York State Office of General Services and their officers, agents and employees as additional insureds, and if not so set forth, then as may be reasonably specified in advance performed by the State. Proof of compliance Port Authority and to all fixtures, equipment and systems installed pursuant to this Section and any replacements thereof shall be submitted to The New York State Office of General Services, Division of Real Estate Services, Bureau of Commercial Lease Management, The Governor Xxxxxx X. Xxxxxxxxxxx Empire State Plaza, Corning Tower, 40th Floor, Albany, New York 12242 prior to the commencement of the work. (5) As soon as such construction, finishing, decorating, alteration or improvement or repair shall have been completed to the reasonable satisfaction of the State, then title thereto and property therein shall immediately and without execution of any further instrument vest in the State (excluding personal property, trade fixtures and equipment), and all such Port Authority upon the construction, finishes, decorations, alterations, improvements installation or repairs shall thereupon become replacement thereof and thereafter be part of the Demised Premises and on request the Lessee shall execute such necessary documents confirming the same as the State Port Authority may require. (f) Without limiting or affecting any other term or provision of this Agreement, the Lessee shall be solely responsible for the design, adequacy and operation of all utility, mechanical, electrical, communications and other systems made or installed by the Lessee in the premises and shall do all preventive maintenance and make all repairs, replacements, rebuilding and painting necessary to keep such systems and all other improvements, additions and fixtures, finishes and decorations made or installed by the Lessee (whether the same involves structural or non-structural work) in the condition they were in when made or installed except for reasonable wear which does not adversely affect the watertight condition or structural integrity of the building or adversely affect the efficient or proper utilization or appearance of any part of the premises. (g) If a finishing allowance is set forth in Section 1 of this Agreement, the Port Authority will pay to the Lessee an amount equal to the lesser of (1) the Lessee's cost of the initial construction and installation work performed in the premises by the Lessee to finish off and decorate the premises for its occupancy or (2) the finishing allowance set forth in Section 1 of this Agreement, such lesser amount being hereinafter called "the Lessee's Finishing Allowance". The Lessee's Finishing Allowance will be paid to the Lessee remains liable for any liens filed against as follows: Upon the Demised Premises for receipt by the construction activities permitted herein.Port Authority of the certificates of the Lessee and the Lessee's architect or engineer described in paragraph (c) of this Section and the delivery by the Port Authority to the Lessee of the subsequent certificate of the Port Authority's Assistant Director, Physical Facilities, World Trade Department, described in said paragraph (c), the Lessee shall supply to the Port Authority a full itemized statement of the Lessee's cost thereof as such cost is hereinafter defined, certified by a responsible fiscal officer of the Lessee, which statement shall also certify that there is no WTC-SOL3195

Construction by the Lessee. Use this paragraph if the Lessee is not permitted to do construction work: During the Term of this Lease, and any renewal, extension or holdover thereof, if the Lessee desires any additional work to be performed in the Demised Premises, it shall make a request for the same by submitting a Tenant Alteration Authorization Request form (hereinafter referred to as a “TAR”) to the Lessor, in accordance with the directions on the TAR. The TAR and instructions on how to complete it can be found on the OGS website at xxxxx://xxx.xx.xxx/tenant-alteration- request-tar-101-formxxxxx://xxx.xx.xxx/BU/BA/CM/Docs/Tenant_Alteration_Request_Form_Instructions.pdf. If the State determines that the requested work will be done, it will cause the same to be performed in a timely manner, at the Lessee’s sole cost and expense. The Lessee will be solely responsible to pay the State, as additional rent, the cost of all work performed under this section within thirty (30) days of receipt of an invoice of the same. In the event any construction, improvement, alteration, modification, addition, repair or replacement is made without the State’s consent, then the State shall remove or change such work to the reasonable satisfaction of the State, and the Lessee shall pay the cost thereof to the State, as additional rent, on demand. Use a-b below if the Lessee is permitted to do construction work: (a) During the Term of this Lease, and any renewal, extension or holdover thereof, if the Lessee desires any additional work to be performed in the Demised Premises, it shall make a request for the same by submitting a Tenant Alteration Authorization Request form (hereinafter referred to as a “TAR”) to the Lessor, in accordance with the directions on the TAR. The TAR and instructions on how to complete it can be found on the OGS website at xxxxx://xxx.xx.xxx/tenant-alteration-request-tar-101-formxxxxx://xxx.xx.xxx/BU/BA/CM/Docs/Tenant_Alteration_Request_Form_Instructions.pdf. Except as herein expressly provided, during the Term of this Lease, the Lessee shall not without the prior, written approval of the State, which shall not be unreasonably withheld, conditioned or delayed, erect any structures, make any improvements or do any other construction work in the Demised Premises or elsewhere at the Plaza, or alter, modify, or make additions, improvements or repairs to or replacements of any structure now existing or built at any time, or install any fixtures (other than trade fixtures removable without irreparable injury to the Demised Premises); and in the event any construction, improvement, alteration, modification, addition, repair or replacement is made without such consent, then, upon reasonable notice, the Lessee will remove the same, or, at the option of the State, cause the same to be changed to the reasonable satisfaction of the State, or the State may affect the removal or change, and the Lessee shall pay the cost thereof to the State, as additional rent, on demand. The State shall either approve or disapprove, with reasonable explanation for such disapproval, any such plans submitted to the State, within twenty (20) days of submission. If the State fails to approve or disapprove within such time frame, the Lessee shall again submit such plans to the State and the State shall have an additional period of seven (7) days, or such longer period as mutually agreed to by the Parties, to either approve or disapprove, with reasonable explanation for such disapproval, or such plans shall be deemed approved. Notwithstanding anything contained herein to the contrary, the State shall have no approval rights over interior, non-structural alterations that do not affect any building systems and which cost less than $50,000 in the aggregate, except for signage which will be approved in accordance with Section 25 of this Lease. (b) In the event that pursuant to this section or otherwise, the Lessee is required or permitted to perform construction, finishing, decorating, alteration or improvement work to the Demised Premises or to make repairs thereto, all of the same shall be made or performed strictly in accordance with the following terms and conditions. (1) The Lessee shall, to the extent allowed under the law, indemnify and hold harmless the State, its officers, agents and employees, against the following distinct and several risks, whether they arise from acts or omissions of the Lessee, the State, their officers, agents and employees or of third persons, or from acts of God or of the public enemy, or otherwise excepting only risks to the extent resulting from the negligence of the State or its officers or employees, acting within the course and scope of their employment: (i) The risk of loss or damage to all such construction, finishing, decorating, alteration, improvement or repair work prior to the completion thereof. In the event of such loss or damage, the Lessee shall forthwith repair, replace and make good the work without cost to the State. (ii) The risk of death, injury or damage, direct or consequential to the State, its officers, agents and employees, and to its or their property, arising out of or in connection with the performance of the work. The Lessee shall indemnify the State, its officers, agents and employees, for all such deaths, injuries and damages, and for all loss suffered by reason thereof. (iii) The risk of claims and demands, just or unjust, by third persons against the State, its officers, agents and employees arising or alleged to arise out of the performance of the work. The Lessee shall indemnify the State, its officers, agents and employees, against and from (and shall reimburse to the State for the State's costs or expenses, including reasonable legal expenses, incurred in connection with the defense of) all such claims and demands. (2) All work done pursuant to this section shall be done in accordance with drawings and specifications to be submitted to and approved by the State prior to the commencement of the work, except as otherwise set forth herein, shall be done to its reasonable satisfaction and shall be subject to its inspection during the progress of such work and after completion thereof; and the Lessee shall redo or replace, at its own expense, any work not reasonably approved by the State. Unless otherwise expressly provided herein, all workmanship and materials are required to be “first class.” (3) The Lessee shall pay all claims lawfully made against it by its contractors, subcontractors, material men and workmen and all claims lawfully made against it by other third persons arising out of or in connection with or because of the performance of the work and shall cause its contractors and subcontractors to pay all such claims lawfully made against them. (4) Prior to the commencement of any work, the Lessee shall procure and maintain commercial general liability insurance, or, if the work is to be done by an independent contractor, the Lessee shall require such contractor to procure and maintain such insurance in the name of the contractor, in either case, in limits not lower than those set forth for such categories of insurance in Section 26 of this Lease, naming the People of the State of New York, the New York State Office of General Services and their officers, agents and employees as additional insureds, and if not so set forth, then as may be reasonably specified in advance by the State. Proof of compliance shall be submitted to The New York State Office of General Services, Real Estate Center – Division of Real Estate Services, Bureau of Commercial Lease Management, The Governor Xxxxxx X. Xxxxxxxxxxx Empire State PlazaXxxxx Xxxxx, Corning TowerXxxxxxx Xxxxx, 40th Floor00xx Xxxxx, AlbanyXxxxxx, New York 12242 Xxx Xxxx 00000 prior to the commencement of the work. (5) As soon as such construction, finishing, decorating, alteration or improvement or repair shall have been completed to the reasonable satisfaction of the State, then title thereto and property therein shall immediately and without execution of any further instrument vest in the State (excluding personal property, trade fixtures and equipment), and all such construction, finishes, decorations, alterations, improvements or repairs shall thereupon become and thereafter be part of the Demised Premises and on request the Lessee shall execute such documents confirming the same as the State may require. The Lessee remains liable for any liens filed against the Demised Premises for the construction activities permitted herein.