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• . • approvals, consents or permits necessary to construct and operate the New Facilities, and that the New Facilities and the use thereof shall comply with all building and zoning codes, and federal, state and local laws. OBA has kept and shall keep the Expanded Lease Parcel free and clear of all mechanic's liens. OBA shall not commence any construction nor permit any act to give rise to potential claims of mechanic's liens or the like unless and until (a) OBA shall have furnished to District evidence considered to be reasonable by District to establish that OBA has sufficient available and separate funds for timely completion of the Expansion Project, (b) District has agreed in writing upon the Approved Plans, and(c) OBA has obtained all building permits and other approvals, consents and permits necessary to construct and operate the Expansion Project in compliance with all building and zoning codes, and any other applicable federal, state or local law. If the conditions outlined in this Section 3 shall not have been completely fulfilled in District's reasonable opinion on or prior to May 1, 2004, then District or OBA shall have the right to terminate this lease as it relates solely to the Expanded Lease Parcel effective upon the 10th day after providing written notice of termination to OBA or District provided that nothing herein shall release or diminish OBA's obligation to keep the Expanded Lease Parcel free and clear of all mechanic's liens, encumbrances and the like, which obligation of OBA shall survive termination or expiration of this Lease. OBA shall commence construction of the New Facilities within 30 business days after all of the terms and conditions of this Section 3 have been fulfilled and approved by District, and OBA shall complete the New Facilities in a first-class good and workmanlike manner, free and clear of all mechanics and other liens and encumbrances, on or prior to October 1, 2004." 4. OBA accepts the Expanded Lease Parcel in an"AS IS" condition in accordance with the provisions of Article 5 of the Ground Lease. 5. The Site Work shall be permanent and need not be removed at the expiration of the Lease Term. 6. In consideration of the work to be performed by OBA on the Expansion Project, if the New Facilities are completed in a timely manner as set forth in paragraph 3 above, the Term of the Ground Lease and the Ground Sublease will be extended until March 15, 2024; provided, however, that at any time after March 15, 2013 the District may, at its sole option, upon twelve months prior written notice terminate the Ground Lease with respect to either or both of the Leased Premises subject to the Ground Lease and the Expanded Lease Parcel if the District plans to use such property for District purposes.. 7. OBA shall indemnify and hold the City and District harmless from and against any and all liability that may arise as a result of the Site Work. -2-