TO ANY COMPENSATION, OVERHEAD CHARGES,
REVIEW FEES OR ANY PAYMENTS WHATSOEVER, IN CONNECTION WITH THE INITIAL
ALTERATIONS.
NOTWITHSTANDING ANY PROVISION HEREIN TO THE CONTRARY, (I) TENANT
SHALL HAVE THE RIGHT, AT TENANT'S SOLE COST AND EXPENSE, TO INSTALL
INTERCONNECTING STAIRWAYS BETWEEN FLOORS OF THE PREMISES, SUBJECT TO LANDLORD'S
APPROVAL OF THE SPECIFICATIONS ONLY, WHICH APPROVAL SHALL NOT BE REASONABLY
WITHHELD, CONDITIONED OR DELAYED, IT BEING AGREED THAT IT SHALL NOT BE
UNREASONABLE IF LANDLORD WITHHOLDS ITS CONSENT TO ALTERATIONS WHICH MATERIALLY,
ADVERSELY AFFECT THE STRUCTURE OR ANY SYSTEM OF THE BUILDING, AND IN ALL EVENTS,
SUCH ALTERATIONS SHALL BE SUBJECT TO THE PROVISIONS OF SECTION 10; AND
(II) TENANT SHALL ALSO HAVE THE RIGHT TO USE THE EXISTING FIRE EGRESS STAIRWELL
FOR ACCESS AND EGRESS BETWEEN FULL FLOORS OF THE PREMISES TO THE EXTENT
PERMITTED BY LAW, AND TENANT SHALL BE PERMITTED, AT TENANT'S OPTION, TO IMPROVE
THE FIRE EGRESS STAIRWELL WITH CARPETING, PAINT AND THE INSTALLATION OF LIGHT
FIXTURES AND CARD ACCESS READERS/ENTRY SYSTEMS ON FULL FLOORS OF THE PREMISES
AND SUCH OTHER ALTERATIONS AS (A) ARE ACCEPTABLE TO LANDLORD IN LANDLORD'S
REASONABLE DISCRETION AND (B) IN COMPLIANCE WITH ALL LAW.
4.02
TENANT, FOLLOWING THE DELIVERY OF EACH COMPONENT OF
THE PREMISES BY LANDLORD ON THE APPLICABLE DELIVERY DATE, SHALL HAVE THE RIGHT
TO MAKE INITIAL ALTERATIONS IN EACH COMPONENT OF THE PREMISES.
NOTWITHSTANDING
THE FOREGOING, TENANT AND ITS CONTRACTORS SHALL NOT HAVE THE RIGHT TO PERFORM
INITIAL ALTERATIONS IN ANY PORTION OF THE PREMISES UNLESS AND UNTIL TENANT HAS
COMPLIED WITH ALL OF THE TERMS AND CONDITIONS OF SECTION 10 OF THIS LEASE,
INCLUDING, WITHOUT LIMITATION, APPROVAL BY LANDLORD OF THE FINAL PLANS FOR THE
INITIAL ALTERATIONS AND THE CONTRACTORS TO BE RETAINED BY TENANT TO PERFORM SUCH
INITIAL ALTERATIONS. TENANT SHALL BE RESPONSIBLE FOR ALL ELEMENTS OF THE DESIGN
OF TENANT'S PLANS (INCLUDING, WITHOUT LIMITATION, COMPLIANCE WITH LAW,
FUNCTIONALITY OF DESIGN, THE STRUCTURAL INTEGRITY OF THE DESIGN, THE
CONFIGURATION OF THE PREMISES AND THE PLACEMENT OF TENANT'S FURNITURE,
APPLIANCES AND EQUIPMENT), AND LANDLORD'S APPROVAL OF TENANT'S PLANS SHALL IN NO
EVENT RELIEVE TENANT OF THE RESPONSIBILITY FOR SUCH DESIGN.
NOTWITHSTANDING THE
FOREGOING, UPON WRITTEN REQUEST BY TENANT, (A) A REPRESENTATIVE OF LANDLORD
SHALL ATTEND CONSTRUCTION MEETINGS, (B) LANDLORD SHALL COOPERATE WITH TENANT IN
OBTAINING BUILDING PERMITS, (C) LANDLORD SHALL PROVIDE BUILDING AND SYSTEM PLANS
AND RESPOND TO REQUESTS OF TENANT'S ARCHITECTS, AND (D) LANDLORD SHALL
FACILITATE THE EFFORTS OF TENANT AND ITS CONTRACTOR SO AS TO ACHIEVE TIMELY
PERFORMANCE OF THE INITIAL ALTERATIONS.
LANDLORD'S APPROVAL OF THE CONTRACTORS
TO PERFORM THE INITIAL ALTERATIONS SHALL NOT BE UNREASONABLY WITHHELD,
CONDITIONED OR DELAYED, AND SHALL COMPLY WITH THE TIME PERIODS SET FORTH IN
SECTION 10. THE PARTIES AGREE THAT LANDLORD'S APPROVAL OF THE GENERAL CONTRACTOR
TO PERFORM THE INITIAL ALTERATIONS SHALL NOT BE CONSIDERED TO BE UNREASONABLY
WITHHELD OR CONDITIONED IF ANY SUCH GENERAL CONTRACTOR (I) DOES NOT HAVE TRADE
REFERENCES REASONABLY ACCEPTABLE TO LANDLORD, (II) DOES NOT MAINTAIN INSURANCE
AS REQUIRED PURSUANT TO THE TERMS OF THIS LEASE,