REQUIRED TO BE
INSURED AGAINST, BY LANDLORD OR TENANT UNDER THIS LEASE, OR (D) CLAIMS PAID BY
TENANT'S WORKERS' COMPENSATION CARRIER.
THIS PROVISION IS INTENDED TO WAIVE,
FULLY AND FOR THE BENEFIT OF EACH PARTY, ANY RIGHTS AND/OR CLAIMS WHICH MIGHT
GIVE RISE TO A RIGHT OF SUBROGATION BY ANY INSURANCE CARRIER.
THE COVERAGE
OBTAINED BY EACH PARTY PURSUANT TO THIS LEASE SHALL INCLUDE, WITHOUT LIMITATION,
A WAIVER OF SUBROGATION BY THE CARRIER WHICH CONFORMS TO THE PROVISIONS OF THIS
SECTION.
11.
ALTERATIONS.
11.1.
PROCEDURAL REQUIREMENTS.
TENANT MAY, FROM TIME TO TIME, AT ITS
EXPENSE, MAKE ALTERATIONS OR IMPROVEMENTS IN AND TO THE PREMISES (HEREINAFTER
COLLECTIVELY REFERRED TO AS "ALTERATIONS"), PROVIDED THAT TENANT FIRST OBTAINS
THE WRITTEN CONSENT OF LANDLORD IN EACH INSTANCE.
LANDLORD'S CONSENT TO
ALTERATIONS SHALL NOT BE UNREASONABLY WITHHELD, PROVIDED THAT:
(A) THE
ALTERATIONS ARE NON-STRUCTURAL AND THE STRUCTURAL INTEGRITY OF THE PROPERTY
SHALL NOT BE AFFECTED; (B) THE ALTERATIONS ARE TO THE INTERIOR OF THE PREMISES;
(C) THE PROPER FUNCTIONING OF THE
7
MECHANICAL, ELECTRICAL, HEATING, VENTILATING, AIR-CONDITIONING ("HVAC"),
SANITARY AND OTHER SERVICE SYSTEMS OF THE PROPERTY SHALL NOT BE AFFECTED AND THE
USAGE OF SUCH SYSTEMS BY TENANT SHALL NOT BE INCREASED; (D) THE ALTERATIONS HAVE
NO ADVERSE EFFECT ON OTHER LEASED PREMISES IN THE PROPERTY; (E) TENANT SHALL
HAVE APPROPRIATE INSURANCE COVERAGE, REASONABLY SATISFACTORY TO LANDLORD,
REGARDING THE PERFORMANCE AND INSTALLATION OF THE ALTERATIONS; (F) THE
ALTERATIONS SHALL CONFORM WITH ALL OTHER REQUIREMENTS OF THIS LEASE; AND (G)
TENANT SHALL HAVE PROVIDED LANDLORD WITH REASONABLY DETAILED PLANS FOR SUCH
ALTERATIONS IN ADVANCE OF REQUESTING LANDLORD'S CONSENT.
ADDITIONALLY, BEFORE
PROCEEDING WITH ANY ALTERATIONS, TENANT SHALL (I) AT TENANT'S EXPENSE, OBTAIN
ALL NECESSARY GOVERNMENTAL PERMITS AND CERTIFICATES FOR THE COMMENCEMENT AND
PROSECUTION OF ALTERATIONS; (II) SUBMIT TO AGENT, FOR LANDLORD'S WRITTEN
APPROVAL, WORKING DRAWINGS, PLANS AND SPECIFICATIONS AND ALL PERMITS FOR THE
WORK TO BE DONE AND TENANT SHALL NOT PROCEED WITH SUCH ALTERATIONS UNTIL IT HAS
RECEIVED SAID APPROVAL; AND (III) CAUSE THOSE CONTRACTORS, MATERIALMEN AND
SUPPLIERS ENGAGED TO PERFORM THE ALTERATIONS TO DELIVER TO LANDLORD CERTIFICATES
OF INSURANCE (IN A FORM REASONABLY ACCEPTABLE TO LANDLORD) EVIDENCING POLICIES
OF COMMERCIAL GENERAL LIABILITY INSURANCE (PROVIDING THE SAME COVERAGES AS
REQUIRED IN SECTION 10.2.1 ABOVE) AND WORKERS' COMPENSATION INSURANCE.
SUCH
INSURANCE POLICIES SHALL SATISFY THE OBLIGATIONS IMPOSED UNDER SECTION 10.2.1(A)
THROUGH (D) AND (F).
AFTER OBTAINING LANDLORD'S APPROVAL TO THE ALTERATIONS,
TENANT SHALL GIVE LANDLORD AT LEAST FIVE DAYS' PRIOR WRITTEN NOTICE OF THE
COMMENCEMENT OF ANY ALTERATIONS AT THE PREMISES, AND LANDLORD MAY ELECT TO
RECORD AND POST NOTICES OF NON-RESPONSIBILITY AT THE PREMISES.
NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED IN THIS SECTION 11.1, LANDLORD'S CONSENT
SHALL NOT BE REQUIRED FOR ALTERATIONS SATISFYING CLAUSES (A) THROUGH (F) ABOVE
AND COSTING $10,000.00 OR LESS IN ANY ONE INSTANCE (UP TO A MAXIMUM AGGREGATE OF
$25,000.00 OVER THE TERM) PROVIDED THAT TENANT NOTIFIES LANDLORD OF SUCH
ALTERATIONS PRIOR TO COMMENCING THEREON AND OBTAINS ALL APPROVALS AND PERMITS
NECESSARY FOR THE COMMENCEMENT AND PROSECUTION OF SUCH ALTERATIONS.
11.2.