TENANT SHALL MAINTAIN A COMPLETE SET OF "AS BUILT" PLANS AND
SPECIFICATIONS OR MARKED CONSTRUCTION DOCUMENTS AND, IF PREPARED BY OR FOR
TENANT OR ANY PERSON DOING SUCH CONSTRUCTION WORK, AUTO CAD DISKS WITH RESPECT
TO ANY SUCH CONSTRUCTION WORK, AND SHALL, WHEN AND AS REQUESTED BY LANDLORD,
DELIVER A COPY THEREOF (TOGETHER WITH ALL CHANGE ORDERS, FIELD CHANGES, AND
OTHER CHANGES THAT COMPRISE A COMPLETE RECORD OF ALL SUCH WORK) TO LANDLORD.
(VI)
NO TEMPORARY OR PERMANENT CERTIFICATE OF OCCUPANCY SHALL BE REQUESTED BY
OR FOR TENANT WITH RESPECT TO THE PROJECT OR ANY PORTION THEREOF UNLESS THE
CONSTRUCTION WORK FOR WHICH SUCH CERTIFICATE IS BEING SOUGHT HAS BEEN
SUBSTANTIALLY COMPLETED IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF THE DUO.
(VII)
EACH AGREEMENT BETWEEN TENANT AND ANY CONTRACTOR, MATERIALMAN OR OTHER
PARTY PERFORMING ANY CONSTRUCTION WORK SHALL CONTAIN A REPRESENTATION MADE BY
SUCH CONTRACTOR, MATERIALMAN OR OTHER PARTY THAT SUCH PARTY IS NOT A PROHIBITED
PERSON AND SHALL CONTAIN A TERMINATION RIGHT FOR THE BENEFIT OF TENANT IF SUCH
REPRESENTATION SHALL AT ANY TIME BE UNTRUE.
(B)
CONDITIONS PRECEDENT TO COMMENCEMENT OF CONSTRUCTION WORK. TENANT SHALL
NOT COMMENCE ANY TENANT CONSTRUCTION WORK AND SHALL NOT PERMIT ANY SUBTENANT OR
ANY OTHER PERSON TO COMMENCE ANY CONSTRUCTION WORK, (OTHER THAN INTERIOR
CONSTRUCTION WORK AND THE DEMOLITION WORK) GOVERNED BY ANY ELEMENT OF THE DUO OR
AFFECTING A STRUCTURAL COMPONENT (OTHER THAN BY HAVING A NONADVERSE STRUCTURAL
EFFECT), UNLESS AND UNTIL:
(I)
APPROVAL OF PLANS. LANDLORD SHALL HAVE APPROVED THE FINAL PLANS AND
SPECIFICATIONS TO THE EXTENT REQUIRED IN SECTION 6.2 HEREOF;
(II)
PERMITS. TENANT, AT ITS SOLE COST AND EXPENSE, SHALL HAVE OBTAINED (AND
THEREAFTER SHALL MAINTAIN) ALL NECESSARY PERMITS AND AUTHORIZATIONS REQUIRED BY
LEGAL REQUIREMENTS FOR THE COMMENCEMENT AND PROSECUTION OF SUCH WORK AND FOR
APPROVAL THEREOF UPON COMPLETION, AND TENANT SHALL DELIVER TO LANDLORD COPIES OF
ANY AND ALL OF SUCH PERMITS AND/OR AUTHORIZATIONS REQUIRED TO COMMENCE SUCH WORK
PRIOR TO THE COMMENCEMENT THEREOF;
(III)
DOCUMENTS. TENANT SHALL HAVE DELIVERED TO LANDLORD THE FOLLOWING ITEMS:
(A) COPIES OF ALL FINAL PLANS AND SPECIFICATIONS WHICH HAVE BEEN STAMPED AS
APPROVED BY THE NEW YORK CITY BUILDINGS DEPARTMENT (IT BEING AGREED THAT THE
FINAL PLANS AND SPECIFICATIONS SUBMITTED TO THE NEW YORK CITY BUILDINGS
DEPARTMENT FOR APPROVAL MAY BE ONLY THOSE FINAL PLANS AND SPECIFICATIONS
APPROVED BY LANDLORD PURSUANT TO SECTION 6.2(C) HEREOF); (B) EXECUTED
COUNTERPARTS (OR COPIES THEREOF) OF THE COLLATERAL ASSIGNMENTS IN RESPECT OF ALL
CONSTRUCTION AGREEMENTS BETWEEN
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TENANT AND ANY GENERAL CONTRACTOR, CONSTRUCTION MANAGER, THE DESIGN ARCHITECT
AND THE OTHER ARCHITECTS; (C) CONSTRUCTION SCHEDULES AND STAGING PLANS; AND
(D) CERTIFICATES FOR THE INSURANCE REQUIRED BY SECTION 10.1 HEREOF, TOGETHER
WITH EVIDENCE REASONABLY SATISFACTORY TO LANDLORD OF THE PAYMENT OF THE PREMIUMS
THEREFOR;
(IV)
CONSTRUCTION GUARANTIES. WITH RESPECT ONLY TO TENANT'S CONSTRUCTION
WORK, INCLUDING, WITHOUT LIMITATION, SECTION 6.6 AND CORE AND SHELL "PUNCH LIST"
ITEMS (THE "CORE AND SHELL PUNCHLIST") PREPARED BY TENANT AND DELIVERED TO THE
MAJOR CONTRACTORS UPON SUBSTANTIAL COMPLETION, A COPY OF WHICH