of subsection 5(c) of this Agreement, Landlord shall have
no obligation to disburse any portion of the Additional Work Credit to Tenant
after December 31, 2006 for any of Tenant's Additional Work commenced after
December 31, 2006.
Landlord agrees that it shall, at Landlord's sole cost and
expense:
(I)
RENOVATE THE EXISTING BATHROOMS ON THE FIFTH (5TH) FLOOR AND ON
THE SEVENTH (7TH) FLOOR IN ACCORDANCE WITH THE STANDARDS USED TO RENOVATE THE
BATHROOMS ON THE TWENTY-FOURTH (24TH) FLOOR, AND, IF PRACTICABLE, MAKE SUCH
BATHROOMS ADA COMPLIANT;
(II)
REPAIR, RESTORE OR REPLACE LEAKING TOILETS, BROKEN OR DAMAGED
TOILET SEATS AND LEAKING OR BROKEN SINKS AND FAUCETS LOCATED ON THE (FOURTH)
4TH FLOOR AND MAKE ANY OTHER REPAIRS NECESSARY TO ENSURE THAT SUCH TOILETS AND
SINKS ARE IN GOOD WORKING ORDER;
9
(III)
PROVIDE AN ACP-5 CERTIFICATE FROM A REPUTABLE ENGINEERING COMPANY
REASONABLY ACCEPTABLE TO TENANT WITH RESPECT TO THE 5TH FLOOR ADDITIONAL
PREMISES;
(IV)
REMOVE, IN COMPLIANCE WITH APPLICABLE LAW, ANY ASBESTOS-CONTAINING
MATERIALS WHICH ARE FOUND IN THE 5TH FLOOR ADDITIONAL PREMISES;
(V)
ENSURE THAT ALL BUILDING-PROVIDED HEATING AND COOLING SYSTEMS IN
THE PREMISES ARE IN GOOD WORKING ORDER AND MAKE ALL NECESSARY REPAIRS AND
REPLACEMENTS AND PERFORM ALL NECESSARY MAINTENANCE IN CONNECTION WITH SUCH
SYSTEMS;
(VI)
FIX OR, IF APPLICABLE, REPLACE, ANY CONVECTOR COVERS WHICH ARE
DENTED AS OF THE DATE HEREOF;
(VII)
PROVIDE NECESSARY POINTS OF CONNECTION AND TIE-INS TO THE
BUILDING'S CLASS E DATA GATHERING PANEL (DGP); AND
(VIII)
REPLACE THE COMMON AREA CARPETING (INCLUDING, WITHOUT LIMITATION,
THE CARPETING IN THE ELEVATOR LOBBY AND THE CORRIDOR) ON THE SEVENTH (7TH) FLOOR
WITH BUILDING STANDARD CARPETING.
LANDLORD SHALL SUBSTANTIALLY COMPLETE THE FOREGOING ITEMS (I) THROUGH (VIII)
(COLLECTIVELY, "LANDLORD'S ADDITIONAL WORK") ON OR PRIOR TO THE COMPLETION OF
THE LANDLORD WORK PERIOD UNLESS LANDLORD IS PREVENTED FROM DOING SO BY ANY FORCE
MAJEURE EVENT BEYOND LANDLORD'S CONTROL OR ANY ACT OR OMISSION OF TENANT, ITS
EMPLOYEES, AGENTS OR CONTRACTORS AND PROVIDED THAT TENANT COMPLIES WITH ANY
CONDITIONS IMPOSED ON THE PERFORMANCE OF TENANT'S ADDITIONAL WORK DURING
LANDLORD'S APPROVAL OF TENANT'S PLANS THEREFOR.
(B)
TENANT SHALL SUBMIT PLANS, DRAWINGS AND SPECIFICATIONS FOR
TENANT'S ADDITIONAL WORK TO LANDLORD FOR LANDLORD'S APPROVAL PRIOR TO PERFORMING
TENANT'S ADDITIONAL WORK AND SHALL OTHERWISE COMPLY WITH THE PROVISIONS OF
ARTICLES 6 AND 42 OF THE LEASE IN RESPECT OF THE PERFORMANCE OF SUCH TENANT'S
ADDITIONAL WORK.
(c) The Additional Work Credit shall be payable in installments by Landlord to
Tenant upon Tenant's written request (each, a "Disbursement Request") to
Landlord no more than once monthly.
The amount of each such installment shall
be an amount equal to the product obtained by multiplying ninety percent (90%)
of the Additional Work Credit by a fraction, the numerator of which is equal to
the actual costs paid or incurred by Tenant for completed portions of Tenant's
Additional Work referenced in such Disbursement Request (as evidenced by paid or
incurred invoices delivered to Landlord in accordance with the next sentence)
and the denominator of which is equal to