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behalf of such Party has the full right, power and authority to enter into and execute this Agreement on such Party's behalf and that no consent from any other person or entity is necessary as a condition precedent to the legal effect of this Agreement. 35. APPLICABLE LAWS. During the Term, LESSOR shall maintain the Property and all structural elements of the Premises in compliance with all applicable laws, rules, regulations, ordinances, directives, covenants, easements, zoning and land use regulations, and restrictions of record, permits, building codes, and the requirements of any applicable fire insurance underwriter or rating bureau, now in effect or which may hereafter come into effect (including, without limitation, the Americans with Disabilities Act and laws regulating hazardous substances) (collectively "Laws"). LESSEE shall, in respect to the condition of the Premises and at LESSEE'S sole cost and expense, comply with (a) all Laws relating solely to LESSEE's specific and unique nature of use of the Premises (other than general office use); and (b) all building codes requiring modifications to the Premises due to the improvements being made by LESSEE in the Premises. 36. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement which require performance subsequent to the termination or expiration of this Agreement shall also survive such termination or expiration. 37. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement. 38. MISCELLANEOUS. a. LESSEE shall pay the costs in an amount not to exceed Five Thousand and No/100 Dollars ($5,000.00) for any improvements to the site necessary to expand LESSOR's fenced area, including the costs associated with landscaping, re-grading, pathway restoration, additional fencing and equipment, materials, and labor provided by the LESSOR upon receipt of documentation from LESSOR evidencing said costs. Prior to commencing construction, LESSEE shall obtain LESSOR's approval of its final landscape plan, which approval shall not be unreasonably withheld, conditioned or delayed. In the event the LESSOR does not either (i) object to the plans in writing or(ii) furnish the LESSEE with written approval within fifteen (15) days of the date of submission of the plans, LESSOR will be deemed to have approved them. b. LESSEE shall remove any graffiti from the Premises within twenty-four hours (24hrs) after receipt of written notice of such graffiti. If LESSEE fails to remove the graffiti within the time period set forth above, then LESSOR may remove the graffiti at LESSEE's expense. Signatures on following page The remainder of this page intentionally left blank MINC Rosey Tower Lease Agreement 14 2201205v6