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200905599 and specify in detail the reasons for disapproval. In the event Event Center or the City does not disapprove of any modification or addition within such 10-day period, such modification or addition shall be deemed approved by Event Center or the City, as the case maybe. b. Construction of Improvements. Lessee shall erect, install, and construct all of the Improvements on the Leased Premises in accordance with the Final Plans. The cost of construction of the Improvements shall be funded by the Nebraska State Fair Relocation Cash Fund in accordance with Neb. Rev. Stat. § 2-112 and § 2-113. Applications for Payment signed by Davis Design shall be approved by Lessee and Former and submitted to the State of Nebraska Department of Administrative Services far approval and payment, except with respect to the City Improvements. Applications for Payment with respect to the City Improvements shall be submitted to the City and Wells Fargo for approval and payment. Lessee shall make and prosecute all applications for building or other permits required, if any, for the erection and construction the Improvements. If the pending litigation entitled Yant, et al. v. City of Grand Island, et al., District Court of Lancaster County, Nebraska Case No. CI08-4964, an appeal thereof, or any other litigation is ultimately resolved in a manner unsatisfactory to the Parties such that in the determination of the Farties it is not feasible to relocate the Nebraska State Fair to the Leased Premises, Lessee shall at its sole expense restore the Former Property and Event Center Property to its current condition. Lessee covenants and agrees that all work done by Lessee, its contractors and subcontractors shall be performed in a good, workmanlike and timely manner, using first quality materials, and in full compliance with all applicable building codes, laws, rules, orders, ordinances, directions, regulations, and requirements of law. Lessee shall cause its general contractor or contractors to carry builder's risk insurance on the Improvements to be constructed by Lessee until such time as a certificate of occupancy is issued with respect thereto. Such builder's risk insurance shall name the City and Wells Fargo as additional insureds with respect to the City Improvements, shall name the City and Event Center as additional insureds with respect to the Improvements located on the Event Center Froperty, and shall name Former and Event Center as additional insureds with respect to the Improvements located on the Former Property. Any contractor for the construction of any of the Improvements (specifically including any separate contract for the City Improvements) shall be required to obtain and famish to the Lessee (with copies being provided to each of the Lessors) payment and performance bonds covering the work and payments required under such contractor's contract. Any such payment bond shall be in a sum not less than the contract price with a corporate surety company and agent selected by Lessee and be conditioned for the payment of all laborers and mechanics for labor that is performed and for the payment of material and equipment rental which is actually used or rented in connection with the construction of the Improvements. c. Ownership of Improvements. The Improvements and all alterations, additions, and improvements thereto shall become a part of the Leased Premises and shall remain on -8-