PROJECT OR ANY
PORTION THEREOF, BY ANY OTHER
29
*** CONFIDENTIAL PORTIONS OF THIS DOCUMENT HAVE BEEN REDACTED AND FILED
SEPARATELY WITH THE COMMISSION.
TENANT OF THE PROJECT, AND SO AS NOT TO OBSTRUCT THE BUSINESS OF LANDLORD OR
OTHER TENANTS IN THE
PROJECT.
TENANT SHALL NOT USE (AND UPON NOTICE FROM
LANDLORD SHALL CEASE USING) CONTRACTORS, SERVICES, WORKMEN, LABOR, MATERIALS OR
EQUIPMENT THAT, IN LANDLORD'S REASONABLE JUDGMENT, WOULD DISTURB LABOR HARMONY
WITH THE WORKFORCE OR TRADES ENGAGED IN PERFORMING OTHER WORK, LABOR OR SERVICES
IN OR ABOUT THE BUILDING OR THE COMMON AREAS.
IN ADDITION TO TENANT'S
OBLIGATIONS UNDER ARTICLE 9 OF THIS LEASE, UPON COMPLETION OF ANY ALTERATIONS,
TENANT AGREES TO CAUSE A NOTICE OF COMPLETION TO BE RECORDED IN THE OFFICE OF
THE RECORDER OF THE COUNTY OF SAN DIEGO IN ACCORDANCE WITH SECTION 3093 OF THE
CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SUCCESSOR STATUTE, AND TENANT SHALL
DELIVER TO THE PROJECT CONSTRUCTION MANAGER A REPRODUCIBLE COPY AND AN
ELECTRONIC COPY OF THE "AS BUILT" DRAWINGS OF THE ALTERATIONS, TO THE EXTENT
SUCH ALTERATIONS ARE OF A TYPE FOR WHICH AS-BUILT PLANS ARE GENERALLY PREPARED,
AS WELL AS ALL PERMITS, APPROVALS AND OTHER DOCUMENTS ISSUED BY ANY GOVERNMENTAL
AGENCY IN CONNECTION WITH THE ALTERATIONS.
8.3
PAYMENT FOR IMPROVEMENTS.
IF PAYMENT IS MADE DIRECTLY TO
CONTRACTORS, TENANT SHALL (I) COMPLY WITH LANDLORD'S REQUIREMENTS FOR FINAL LIEN
RELEASES AND WAIVERS IN CONNECTION WITH TENANT'S PAYMENT FOR WORK TO
CONTRACTORS, AND (II) SIGN LANDLORD'S STANDARD CONTRACTOR'S RULES AND
REGULATIONS.
IF TENANT ORDERS ANY WORK DIRECTLY FROM LANDLORD, TENANT SHALL PAY
TO LANDLORD AN AMOUNT EQUAL TO FIVE PERCENT OF THE COST OF SUCH WORK TO
COMPENSATE LANDLORD FOR ALL OVERHEAD, GENERAL CONDITIONS, FEES AND OTHER COSTS
AND EXPENSES ARISING FROM LANDLORD'S INVOLVEMENT WITH SUCH WORK.
IF TENANT DOES
NOT ORDER ANY WORK DIRECTLY FROM LANDLORD, TENANT SHALL REIMBURSE LANDLORD FOR
LANDLORD'S
REASONABLE, ACTUAL, OUT-OF-POCKET COSTS AND EXPENSES ACTUALLY
INCURRED IN CONNECTION WITH LANDLORD'S REVIEW OF SUCH WORK.
8.4
CONSTRUCTION INSURANCE.
IN ADDITION TO THE REQUIREMENTS OF
ARTICLE 10 OF THIS LEASE, IN THE EVENT THAT TENANT MAKES ANY ALTERATIONS, PRIOR
TO THE COMMENCEMENT OF SUCH ALTERATIONS, TENANT SHALL PROVIDE LANDLORD WITH
EVIDENCE THAT TENANT CARRIES "BUILDER'S ALL RISK" INSURANCE IN AN AMOUNT
REASONABLY APPROVED BY LANDLORD COVERING THE CONSTRUCTION OF SUCH ALTERATIONS,
AND SUCH OTHER INSURANCE AS LANDLORD MAY REASONABLY REQUIRE, IT BEING UNDERSTOOD
AND AGREED THAT ALL OF SUCH ALTERATIONS SHALL BE INSURED BY TENANT PURSUANT TO
ARTICLE 10 OF THIS LEASE IMMEDIATELY UPON COMPLETION THEREOF.
IN ADDITION,
LANDLORD MAY, IF THE COST OF ANY ALTERATION IS REASONABLY EXPECTED TO EXCEED
[***], IN ITS REASONABLE DISCRETION, REQUIRE TENANT TO OBTAIN A LIEN AND
COMPLETION BOND OR SOME ALTERNATE FORM OF SECURITY SATISFACTORY TO LANDLORD IN
AN AMOUNT SUFFICIENT TO ENSURE THE LIEN-FREE COMPLETION OF SUCH ALTERATIONS AND
NAMING LANDLORD AS A CO-OBLIGEE.
FOR PURPOSES OF DETERMINING THE COST OF AN
ALTERATION, WORK DONE IN PHASES OR STAGES SHALL BE CONSIDERED PART OF THE SAME
ALTERATION,