THE DEMISED PREMISES AND THE COMMON ELEMENTS TO BE DISCHARGED
OR BONDED AND TO PROVIDE EVIDENCE THEREOF TO LANDLORD).
(IV)
ALL ALTERATIONS, WHEN COMPLETED, SHALL BE OF THE STANDARD AND QUALITY
COMMONLY REQUIRED AT CLASS "A" OFFICE BUILDINGS (AS UNDERSTOOD ON DECEMBER 12,
2001) IN MIDTOWN MANHATTAN.
(V)
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 ALTERATIONS, AUTO CAD DISKS WITH RESPECT TO ANY
SUCH ALTERATION, 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 IMPROVEMENTS OR ANY PORTION THEREOF UNLESS THE
ALTERATION 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 ALTERATION 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.
76
(B)
CONDITIONS PRECEDENT TO COMMENCEMENT OF ANY ALTERATION.
TENANT
SHALL NOT, NOR SHALL TENANT PERMIT ANY SUBTENANT OR ANY OTHER PERSON, TO
COMMENCE ANY ALTERATION (OTHER THAN INTERIOR CONSTRUCTION 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)
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;
(II)
TENANT SHALL HAVE DELIVERED TO LANDLORD THE FOLLOWING ITEMS:
(A) COPIES
OF ALL ALTERATION PLANS AND SPECIFICATIONS WHICH HAVE BEEN STAMPED AS APPROVED
BY THE NEW YORK CITY BUILDINGS DEPARTMENT (IT BEING AGREED THAT THE ALTERATION
PLANS AND SPECIFICATIONS SUBMITTED TO THE NEW YORK CITY BUILDINGS DEPARTMENT FOR
APPROVAL MAY BE ONLY THOSE ALTERATION PLANS AND SPECIFICATIONS APPROVED BY
LANDLORD TO THE EXTENT REQUIRED UNDER THIS LEASE); (B) EXECUTED COUNTERPARTS (OR
COPIES THEREOF) OF THE COLLATERAL ASSIGNMENTS IN RESPECT OF ALL CONSTRUCTION
AGREEMENTS BETWEEN 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; AND
(III)
(A) IN RESPECT OF ALTERATIONS WITHIN THE DEMISED PREMISES, THERE SHALL
BE NO EVENT OF DEFAULT HEREUNDER, AND (B) IN RESPECT OF ALTERATIONS WITHIN THE
COMMON ELEMENTS, THERE