(5) BUSINESS DAYS FROM THE DATE OF YOUR RECEIPT OF THIS NOTICE.
If Landlord fails to approve or reject the proposed architect or engineers, as
the case may be, within five (5) Business Days after its receipt of such
reminder notice, such architect or engineer, as the came may be, shall be deemed
approved by Landlord. Any rejection of an architect or engineer, as the case may
be, by Landlord shall be accompanied by specific reasons setting forth in
reasonable detail the basis for such rejection.
(E)
APPROVAL OF CONTRACTORS.
(I)
GENERAL STANDARD; PROHIBITED PERSONS. ALL CONSTRUCTION WORK SHALL BE
PERFORMED AND/OR MANAGED BY ONE OR MORE REPUTABLE AND RESPONSIBLE GENERAL
CONTRACTOR(S) (OR IF TENANT, OR ANY SUBTENANT, AS THE CASE MAY BE, HIRES
CONTRACTORS INSTEAD OF A GENERAL CONTRACTOR, SUCH CONTRACTORS) OR CONSTRUCTION
MANAGER(S). NO GENERAL CONTRACTOR, CONSTRUCTION MANAGER, MAJOR CONTRACTOR OR
OTHER CONTRACTOR THAT IS ENGAGED TO DO CONSTRUCTION WORK SHALL BE A PROHIBITED
PERSON. TENANT SHALL CAUSE SUCH RESTRICTION TO BE INSERTED IN EACH SUBLEASE.
54
(II)
GENERAL CONTRACTOR(S) AND CONSTRUCTION MANAGER(S). EACH GENERAL
CONTRACTOR AND/OR CONSTRUCTION MANAGER ENGAGED IN RESPECT OF TENANT'S
CONSTRUCTION WORK SHALL BE SUBJECT TO THE APPROVAL OF LANDLORD. LANDLORD
APPROVES, ON THE DATE HEREOF, THOSE GENERAL CONTRACTORS AND CONSTRUCTION
MANAGERS LISTED ON EXHIBIT M ATTACHED HERETO (IT BEING UNDERSTOOD THAT SUCH
APPROVAL OF LANDLORD (A) IS VALID FOR A PERIOD ENDING ON THE EARLIER OF (1) THE
DATE THAT IS FIVE (5) YEARS AFTER THE DATE HEREOF AND (2) THE OCCURRENCE OF ANY
MATERIAL CHANGE IN THE OWNERSHIP OF THE APPLICABLE GENERAL CONTRACTOR OR
CONSTRUCTION MANAGER, AS THE CASE MAY BE AND (B) IS NOT AN APPROVAL OF ANY
PROPOSED GENERAL CONTRACTOR CONSTRUCTION MANAGER'S PROHIBITED PERSON STATUS).
TENANT SHALL DELIVER TO LANDLORD AND UPDATE AS NECESSARY FROM TIME TO TIME UPON
REQUEST THEREFOR, A LIST IDENTIFYING TO LANDLORD EACH GENERAL CONTRACTOR AND
CONSTRUCTION MANAGER THAT IS A MEMBER OF THE DEVELOPMENT TEAM. LANDLORD SHALL
HAVE THE RIGHT TO DISAPPROVE ANY SUCH GENERAL CONTRACTOR OR CONSTRUCTION MANAGER
ONLY: [A] IF SUCH GENERAL CONTRACTOR OR CONSTRUCTION MANAGER IS A PROHIBITED
PERSON; OR [B] IF SUCH GENERAL CONTRACTOR OR CONSTRUCTION MANAGER, IN LANDLORD'S
REASONABLE JUDGMENT, HAS DEMONSTRATED A FAILURE, BASED ON PRIOR JOB PERFORMANCE,
TO EXERCISE DUE CARE IN THE PERFORMANCE OF THE WORK FOR WHICH SUCH CONTRACTOR
MAY BE HIRED IN RESPECT OF THE NEW BUILDING (IT BEING AGREED THAT NO PERSON
LISTED ON EXHIBIT M ATTACHED HERETO MAY BE DISAPPROVED BY LANDLORD ON THE BASIS
DESCRIBED IN THIS CLAUSE (B) OF THIS SECTION 6.1(E)(II)). IF LANDLORD FAILS TO
APPROVE OR REJECT ANY SUCH GENERAL CONTRACTOR OR CONSTRUCTION MANAGER WITHIN
ELEVEN (11) BUSINESS DAYS AFTER THE WRITTEN SUBMISSION TO LANDLORD OF SUCH
PERSON'S NAME, ADDRESS, PHONE NUMBER AND EIN (AS WELL AS THOSE PRINCIPALS
THEREOF) OR LANDLORD FAILS TO MAKE REASONABLE REQUESTS FOR ADDITIONAL
INFORMATION RELATED THERETO WITHIN SUCH TIME PERIOD AND THEREAFTER TO APPROVE OR
REJECT SUCH GENERAL CONTRACTOR OR CONSTRUCTION MANAGER WITHIN SIX (6) BUSINESS
DAYS AFTER WRITTEN SUBMISSION OF SUCH