PROVIDED, HOWEVER, THAT IN CASE OF ANY CONFLICT OR
INCONSISTENCY BETWEEN THE PROVISIONS OF THIS LEASE AND ANY OF THE RULES AND
REGULATIONS, THE PROVISIONS OF THIS LEASE SHALL CONTROL.
10.02
NOTHING IN THIS LEASE CONTAINED SHALL BE CONSTRUED TO IMPOSE UPON
LANDLORD ANY DUTY OR OBLIGATION TO ENFORCE THE RULES AND REGULATIONS AGAINST
TENANT OR ANY OTHER TENANT OR ANY EMPLOYEES OR AGENTS OF TENANT OR ANY OTHER
TENANT, AND LANDLORD SHALL NOT BE LIABLE TO TENANT FOR VIOLATION OF THE
RULES AND REGULATIONS BY ANOTHER TENANT OR ITS EMPLOYEES, AGENTS, INVITEES OR
LICENSEES.
LANDLORD SHALL NOT DISCRIMINATE AGAINST TENANT IN ENFORCING THE
RULES AND REGULATIONS.
35
10.03
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN EXHIBIT E, THE
LAST SENTENCE OF RULE 13 THEREIN SHALL NOT APPLY TO TENANT'S WORK OR TENANT'S
INITIAL MOVE INTO THE PREMISES.
ARTICLE 11
ALTERATIONS
11.01
TENANT SHALL MAKE NO IMPROVEMENTS, CHANGES OR ALTERATIONS IN OR TO
THE PREMISES ("ALTERATIONS") OF ANY NATURE, OTHER THAN PAINTING, WALL COVERING,
CARPETING, MOVEABLE PARTITIONS, AND OTHER PURELY DECORATIVE WORK ("DECORATIVE
WORK") THE TOTAL COST OF WHICH DOES NOT EXCEED $50,000, WITHOUT LANDLORD'S PRIOR
WRITTEN APPROVAL.
HOWEVER, PROVIDED THAT TENANT SHALL BE IN COMPLIANCE WITH THE
APPLICABLE PROVISIONS OF THIS ARTICLE 11, TENANT MAY, AT ITS SOLE EXPENSE, UPON
OBTAINING LANDLORD'S WRITTEN APPROVAL, WHICH APPROVAL SHALL NOT BE UNREASONABLY
WITHHELD IN ALL OTHER INSTANCES, UNDERTAKE ALTERATIONS WHICH ARE NOT MATERIAL
ALTERATIONS.
A "MATERIAL ALTERATION" IS AN ALTERATION WHICH (A) IS NOT LIMITED
TO THE INTERIOR OF THE PREMISES OR WHICH AFFECTS THE EXTERIOR (INCLUDING THE
APPEARANCE) OF THE BUILDING, (B) IS STRUCTURAL OR AFFECTS THE STRUCTURE OR
STRENGTH OF THE BUILDING, OR (C) ADVERSELY AFFECTS THE USAGE OR THE PROPER
FUNCTIONING OF THE MECHANICAL, ELECTRICAL, SANITARY, HEATING, VENTILATING,
AIR-CONDITIONING OR OTHER SERVICE SYSTEMS OF THE BUILDING.
TENANT MAY PERFORM
DECORATIVE WORK THE TOTAL COST OF WHICH DOES NOT EXCEED $50,000 WITHOUT
LANDLORD'S CONSENT, BUT TENANT SHALL GIVE LANDLORD AT LEAST TEN (10) DAYS PRIOR
NOTICE OF TENANT'S INTENT TO PERFORM SUCH WORK.
11.02
(A)
BEFORE PROCEEDING WITH ANY ALTERATION (OTHER THAN
DECORATIVE WORK), TENANT SHALL SUBMIT TO LANDLORD, FOR LANDLORD'S APPROVAL,
FINAL PLANS AND SPECIFICATIONS FOR THE WORK TO BE DONE CONTAINING COMPLETE
INFORMATION AND DIMENSIONS NECESSARY FOR THE CONSTRUCTION AND FINISHING OF THE
PREMISES AND FOR THE ENGINEERING IN CONNECTION THEREWITH, WHICH SHALL BE IN
DETAIL SUFFICIENT TO OBTAIN ALL REQUIRED BUILDING PERMITS OR NOTICES AND TO SHOW
COMPLIANCE WITH LEGAL REQUIREMENTS AND SHALL BE SIGNED AND SEALED BY AN
ARCHITECT AND, IF APPLICABLE, ENGINEER(S) LICENSED IN THE STATE OF NEW YORK
("TENANT'S PLANS").
TENANT SHALL NOT PROCEED WITH SUCH WORK UNTIL IT OBTAINS
LANDLORD'S WRITTEN APPROVAL OF SUCH PLANS AND SPECIFICATIONS, WHICH APPROVAL
SHALL NOT BE UNREASONABLY WITHHELD OR DELAYED.
(B)
WITH RESPECT TO ANY ALTERATION (OTHER THAN A MATERIAL ALTERATION),
LANDLORD SHALL NOTIFY TENANT OF LANDLORD'S APPROVAL OR DISAPPROVAL OF THE SAME
WITHIN FIFTEEN (15) DAYS AFTER SUBMISSION BY TENANT OF COMPLETE PLANS AND
SPECIFICATIONS THEREFOR (OR ANY REQUIRED REVISIONS THERETO), TOGETHER WITH A