RELATING TO, OR RESULTING FROM,
(I) TENANT'S PARTICULAR USE OF THE PREMISES; (II) TENANT'S WORK (AS HEREINAFTER
DEFINED); OR (III) ANY OTHER ALTERATIONS OR ADDITIONS MADE BY TENANT TO THE
PREMISES.
5.2.
COMMENCEMENT.
LANDLORD SHALL USE REASONABLE EFFORTS TO COMPLETE
LANDLORD'S WORK PRIOR TO NOVEMBER 15, 2006.
LANDLORD SHALL NOT BE LIABLE TO
TENANT IF LANDLORD DOES NOT DELIVER POSSESSION OF THE PREMISES TO TENANT ON THE
COMMENCEMENT DATE OR PROVIDE ACCESS TO THE PREMISES ON OR PRIOR TO THE
COMMENCEMENT DATE FOR PURPOSES OF THE TENANT'S WORK (AS HEREINAFTER DEFINED).
FOR EVERY DAY FOLLOWING NOVEMBER 16TH THAT THE LANDLORD HAS NOT COMPLETED
LANDLORD'S WORK AND MADE THE ENTIRE PREMISES AVAILABLE TO TENANT, TENANT SHALL
BE ENTITLED TO A DELAY IN RENT COMMENCEMENT UNTIL TENANT OCCUPANCY IS GRANTED.
THE DELAY IN LEASE AND RENT COMMENCEMENT SHALL IN NO WAY BE LINKED TO OR
DEPENDENT UPON DEMISING THE PREMISES OR SEPARATION/SUBMETERING OF UTILITIES.
LANDLORD AND TENANT SHALL COOPERATE IN GETTING THE LANDLORD'S WORK ACCOMPLISHED
AS SOON AS PRACTICAL.
5.3.
TENANT'S WORK.
IN THE EVENT TENANT DESIRES TO PERFORM ANY WORK IN
ORDER TO PREPARE THE PREMISES FOR TENANT'S OCCUPANCY, SUCH WORK SHALL BE
COMPLETED IN ACCORDANCE WITH PLANS AND SPECIFICATIONS SUBMITTED TO AND APPROVED
BY LANDLORD, AND TENANT SHALL PERFORM ALL SUCH WORK AT TENANT'S SOLE COST AND
EXPENSE (COLLECTIVELY, THE "TENANT'S WORK").
LANDLORD SHALL PERMIT TENANT AND
TENANT'S AGENTS OR INDEPENDENT CONTRACTORS TO ENTER THE PREMISES PRIOR TO THE
COMMENCEMENT DATE FOR THE LIMITED PURPOSE OF ALLOWING TENANT TO CONDUCT AND
INSTALL TENANT'S WORK.
SUCH ENTRY BY TENANT SHALL BE SUBJECT TO THE CONDITION
THAT (I) TENANT SHALL MAINTAIN, IN FULL FORCE AND EFFECT, THE INSURANCE POLICY
OR POLICIES REQUIRED UNDER THE LEASE; AND (II) TENANT SHALL PAY FOR ANY
UTILITIES REQUIRED SOLELY BY TENANT IN CONNECTION WITH TENANT'S ACCESS TO THE
PREMISES.
TENANT AGREES THAT ANY SUCH ENTRY INTO THE PREMISES FOR THE LIMITED
PURPOSES OF THE TENANT'S WORK SHALL BE DEEMED TO BE UNDER ALL OF THE TERMS,
COVENANTS, CONDITIONS AND PROVISIONS OF THE LEASE, EXCEPT AS TO THE COVENANT TO
PAY RENT.
TENANT FURTHER AGREES THAT TO THE EXTENT PERMITTED BY LAW, LANDLORD
AND ITS PRINCIPALS SHALL NOT BE LIABLE IN ANY WAY FOR ANY INJURY OR DEATH TO ANY
PERSON OR PERSONS, LOSS OR DAMAGE TO ANY OF TENANT'S PROPERTY (AS HEREINAFTER
DEFINED) OR INSTALLATIONS MADE IN THE PREMISES OR LOSS OR DAMAGE TO PROPERTY
PLACED THEREIN PRIOR TO THE COMMENCEMENT DATE, THE SAME BEING AT TENANT'S
8
SOLE RISK, EXCEPT THAT LANDLORD (AND NOT ITS PRINCIPALS) MAY BE LIABLE TO TENANT
BUT ONLY TO THE EXTENT OF ITS WILLFUL MISCONDUCT OR GROSS NEGLIGENCE.
ALL OF
THE FOREGOING SHALL BE SUBJECT TO LANDLORD'S REASONABLE APPROVAL.
SUCH ACCESS
SHALL BE SUBJECT TO SCHEDULING BY LANDLORD, BUT LANDLORD SHALL MAKE REASONABLE
EFFORTS TO COMPLY WITH TENANT'S SCHEDULE FOR SUCH WORK.
5.4.
TENANT IMPROVEMENT ALLOWANCE.
LANDLORD SHALL REIMBURSE TENANT UP
TO THE AMOUNT OF THE TENANT IMPROVEMENT ALLOWANCE, PROVIDED THAT LANDLORD MAY
WITHHOLD THE AMOUNT OF $10,000.00 TO