LANDLORD'S EXPENSE UNDER ANY LAW, STATUTE,
OR ORDINANCE NOW OR HEREAFTER IN EFFECT.
ARTICLE 8
ADDITIONS AND ALTERATIONS
8.1
LANDLORD'S CONSENT TO ALTERATIONS.
TENANT MAY NOT MAKE ANY
IMPROVEMENTS, ALTERATIONS, ADDITIONS OR CHANGES TO THE PREMISES (COLLECTIVELY,
THE "ALTERATIONS") WITHOUT FIRST PROCURING THE PRIOR WRITTEN CONSENT OF LANDLORD
TO SUCH ALTERATIONS, WHICH CONSENT SHALL BE REQUESTED BY TENANT NOT LESS THAN
THIRTY (30) DAYS PRIOR TO THE COMMENCEMENT THEREOF, AND WHICH CONSENT SHALL NOT
BE UNREASONABLY WITHHELD BY LANDLORD; PROVIDED, HOWEVER, LANDLORD MAY WITHHOLD
ITS CONSENT IN ITS SOLE AND ABSOLUTE DISCRETION WITH RESPECT TO ANY ALTERATIONS
WHICH (I) MAY AFFECT THE STRUCTURAL COMPONENTS OF THE BUILDING, OR THE
BUILDING'S MECHANICAL, ELECTRICAL, HEATING, VENTILATING, AIR-CONDITIONING, OR
LIFE SAFETY SYSTEMS, OR (II) ARE VISIBLE FROM OUTSIDE THE PREMISES.
NOTWITHSTANDING THE FOREGOING, TENANT MAY MAKE STRICTLY COSMETIC CHANGES TO THE
FINISH WORK IN THE PREMISES, NOT REQUIRING ANY STRUCTURAL OR OTHER SUBSTANTIAL
MODIFICATIONS TO THE PREMISES, UPON TEN (10) DAYS PRIOR WRITTEN NOTICE TO
LANDLORD.
THE CONSTRUCTION OF THE INITIAL IMPROVEMENTS TO THE PREMISES SHALL BE
GOVERNED BY THE TERMS OF THE TENANT WORK LETTER, ATTACHED HERETO AS EXHIBIT D,
AND NOT THE TERMS OF THIS ARTICLE 8.
8.2
MANNER OF CONSTRUCTION.
LANDLORD MAY IMPOSE, AS A CONDITION OF
ITS CONSENT TO ANY AND ALL ALTERATIONS OR REPAIRS OF THE PREMISES OR ABOUT THE
PREMISES, SUCH REQUIREMENTS AS LANDLORD IN ITS SOLE DISCRETION (AS TO ANY
ALTERATIONS OR REPAIRS WHICH MAY AFFECT THE BASE, SHELL AND CORE OR THE
STRUCTURAL ELEMENTS OF THE BUILDING) AND OTHERWISE IN ITS REASONABLE DISCRETION
MAY DEEM DESIRABLE, INCLUDING, BUT NOT LIMITED TO, THE REQUIREMENT THAT UPON
LANDLORD'S REQUEST, TENANT SHALL, AT TENANT'S EXPENSE, REMOVE SUCH ALTERATIONS
UPON THE EXPIRATION OR ANY EARLY TERMINATION OF THE LEASE TERM (UPON TENANT'S
REQUEST, LANDLORD SHALL SPECIFY, AT THE TIME OF ITS CONSENT, WHICH ALTERATION,
IF ANY, MUST BE REMOVED UPON EXPIRATION OR EARLY TERMINATION OF THE LEASE TERM),
AND/OR THE REQUIREMENT THAT TENANT UTILIZE FOR SUCH PURPOSES ONLY CONTRACTORS,
MATERIALS, MECHANICS AND MATERIALMEN APPROVED BY LANDLORD, WHICH APPROVAL SHALL
NOT BE UNREASONABLY WITHHELD, CONDITIONED OR DELAYED.
TENANT SHALL CONSTRUCT
SUCH ALTERATIONS AND PERFORM SUCH REPAIRS IN CONFORMANCE WITH ANY AND ALL
APPLICABLE RULES AND REGULATIONS OF ANY FEDERAL, STATE, COUNTY OR MUNICIPAL CODE
OR ORDINANCE AND PURSUANT TO A VALID BUILDING PERMIT, ISSUED BY THE CITY OF SAN
DIEGO IN CONFORMANCE WITH LANDLORD'S CONSTRUCTION RULES AND REGULATIONS.
ALL
WORK WITH RESPECT TO ANY ALTERATIONS MUST BE DONE IN A GOOD AND WORKMANLIKE
MANNER AND DILIGENTLY PROSECUTED TO COMPLETION TO THE END THAT THE PREMISES
SHALL AT ALL TIMES BE A COMPLETE UNIT EXCEPT DURING THE PERIOD OF WORK.
IN
PERFORMING THE WORK OF ANY SUCH ALTERATIONS, TENANT SHALL HAVE THE WORK
PERFORMED IN SUCH MANNER AS NOT TO OBSTRUCT ACCESS TO THE BUILDING OR BUILDING
13
COMPLEX OR THE COMMON AREAS BY ANY OTHER TENANT OF THE BUILDING COMPLEX, AND AS
NOT TO OBSTRUCT THE BUSINESS OF LANDLORD OR OTHER TENANTS IN THE BUILDING
COMPLEX, OR INTERFERE WITH