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the assembly and sale of attic based solar energy systems shall not be deemed a default of the <br /> • <br /> terms and conditions of this sublease. <br /> (7) Alterations. Sublessee agrees that any alterations or improvements will be made <br /> in good and workmanlike manner and that it will not make any alterations or improvements in or <br /> to the Subleased Premises except in compliance with Prime Lease and with all applicable laws, <br /> ordinances, codes and regulations and without obtaining the prior written consent of the <br /> Sublessor, but such consent will not be unreasonably withheld or unduly delayed if Landlord <br /> grants its consent thereto. Sublessor may require Sublessee, at the end of the term and at <br /> Sublessee's expense, to remove all alterations and improvements made by Sublessee and to repair <br /> any damage caused by such removal. <br /> (8) Liability of Sublessor: Assignment of Right of Action. Sublessor shall have no <br /> responsibility whatsoever with respect to the Subleased Premises or the condition thereof; <br /> provided, however, that the subleased premises shall be habitable. Sublessor shall not be liable <br /> for any nonperformance of or noncompliance with or breach or failure to observe any term, <br /> covenant or condition of the Prime Lease upon Landlord's part to be kept, observed, performed <br /> or complied with, or for any delay or interruption in Landlord's performing its obligations <br /> thereunder. Sublessor hereby assigns unto Sublessee, for so long as this Sublease shall be in <br /> force and effect, any and all rights and causes of action which it may have against Landlord with <br /> respect to the Subleased Premises due to defaults by Landlord under the Prime Lease. Sublessor <br /> agrees to cooperate with and join Sublessee in claims or suits brought by Sublessee against <br /> Landlord under the Prime Lease, provided that the costs and expenses of such participation shall <br /> be borne by Sublessee. <br /> (9) Insurance; Indemnification. Sublessee shall continuously maintain public liability <br /> insurance with respect to death or injury to persons and damage to or destruction of property <br /> occurring at or about the Subleased Premises. Such policy of insurance shall be in form and <br /> amount reasonably satisfactory to Sublessor, shall name Sublessor and/or Landlord as an <br /> additional insured party and shall be delivered to Sublessor. Sublessee hereby agrees to <br /> indemnify and hold harmless Sublessor from, and shall reimburse Sublessor for, all costs and <br /> expenses, including reasonable legal expenses, incurred by Sublessor in connection with the <br /> defense of all claims and demands of third persons, whether or not suit is brought, including but <br /> not limited to those for death, for personal injuries, or for property damage, arising out of any <br /> default of Sublessee in performing or observing any term, covenant, condition or provision of <br /> this Sublease, or out of the use or occupancy of the Subleased Premises by the Sublessee, or out <br /> of any of the acts or omissions of the Sublessee, its agents, representatives, employees, <br /> customers, guests, invitees or other persons who are doing business with Sublessee or who are at <br /> the Subleased Premises with Sublessee's consent. Sublessee, for itself and its insurers, hereby <br /> further expressly waives all claims against Sublessor for any and all damages to persons or <br /> property caused by or resulting from sublessee's negligence. Sublessee agrees that said <br /> insurance policies shall contain waiver of subrogation rights against Sublessor. <br /> • (10) Termination; Surrender of Subleased Premises. This Sublease shall terminate at <br /> the end of the term hereof or upon any default arising under the Prime Lease without the <br /> 1\elkriver\sys\shrdoc\eda\document\bisolar.doc 3 <br />