OF AN
EVENT THAT MAY CAUSE SUCH DELAY, THEN ANY PERIOD OF DELAY PRIOR TO SUCH NOTICE
SHALL NOT CONSTITUTE LANDLORD DELAY; PROVIDED, HOWEVER, THAT NO NOTICE SHALL BE
REQUIRED WITH RESPECT TO ANY LANDLORD DELAYS CAUSED BY CLAUSE (I) ABOVE.
TENANT
SHALL USE GOOD FAITH REASONABLE EFFORTS TO COUNTER THE EFFECT OF ANY LANDLORD
DELAY; HOWEVER, TENANT SHALL NOT BE OBLIGATED TO EXPEND ANY ADDITIONAL AMOUNTS
IN SUCH EFFORTS (E.G., BY EMPLOYING OVERTIME LABOR OR BY FUNDING ANY PORTION OF
THE ALLOWANCES IN THE CASE OF A LANDLORD DELAY PURSUANT TO CLAUSE (II) ABOVE)
UNLESS LANDLORD AGREES IN ADVANCE TO BEAR ANY INCREMENTAL COST ASSOCIATED WITH
SUCH EFFORTS (WHETHER OR NOT SUCH EFFORTS ARE ULTIMATELY SUCCESSFUL).
[INTENTIONALLY OMITTED].
TENANT SHALL EMPLOY LEASEHOLD CONTRACTOR.
TENANT'S CONSTRUCTION MANAGER SHALL
ENTER INTO THE CONTRACT WITH THE LEASEHOLD CONTRACTOR AND THE FOLLOWING TERMS
AND CONDITIONS SHALL APPLY:
SELECTION OF LEASEHOLD CONTRACTOR.
THE LEASEHOLD CONTRACTOR SHALL BE A
QUALIFIED, LICENSED CONTRACTOR SELECTED BY TENANT AND REASONABLY APPROVED BY
LANDLORD FROM THE LIST ATTACHED HERETO AS SCHEDULE IX.
AS IS CONDITION.
ALL OF THE UNIFIED PREMISES EXCEPT THOSE PORTIONS
LOCATED ON THE 15TH AND 16TH FLOORS OF THE BUILDING ARE CURRENTLY IN THE
CONDITION DESCRIBED ON SCHEDULE I ATTACHED HERETO ("BASE BUILDING SHELL
CONDITION").
[INTENTIONALLY OMITTED].
TENANT'S PROJECT MANAGER. TENANT MAY EMPLOY A PROFESSIONAL CONSTRUCTION
MANAGEMENT FIRM REASONABLY APPROVED BY LANDLORD TO PROVIDE PROJECT MANAGEMENT
SERVICES WITH RESPECT TO THE LEASEHOLD WORK, AND SHALL PAY ANY FEES DUE TO THE
PROJECT MANAGER FOR SUCH SERVICES; PROVIDED THAT TENANT MAY DRAW UPON THE
IMPROVEMENTS ALLOWANCE TO PAY SUCH FEES.
PERFORMANCE OF LEASEHOLD WORK.
ALL WORK PERFORMED BY THE LEASEHOLD
CONTRACTOR AND ITS SUBCONTRACTORS SHALL BE PERFORMED IN A GOOD, WORKMANLIKE AND
SAFE MANNER, IN ACCORDANCE WITH ALL APPLICABLE LAWS AND REGULATIONS AND IN
SUBSTANTIAL CONFORMITY WITH THE APPROVED LEASEHOLD PLANS (SUBJECT TO REASONABLE
CHANGES, SUBSTITUTIONS AND REFINEMENTS REQUESTED AND APPROVED PURSUANT TO THIS
WORK AGREEMENT).
LANDLORD SHALL HAVE THE RIGHT TO CAUSE TENANT TO CORRECT,
REPLACE OR REMOVE ANY IMPROVEMENTS INSTALLED IN THE UNIFIED PREMISES BY THE
LEASEHOLD CONTRACTOR OR ITS SUBCONTRACTORS THAT DO NOT COMPLY WITH THE PRECEDING
SENTENCE.
AT NO CHARGE TO TENANT, LANDLORD SHALL COORDINATE TENANT'S ACCESS TO
THE BUILDING, INCLUDING THE PARKING AREAS AND REAR ENTRANCES, LOADING DOCK, USE
OF THE BUILDING'S SERVICE ELEVATORS AND THE STAIRWELLS.
WORK RULES AND COORDINATION. THE LEASEHOLD CONTRACTOR AND ALL
SUBCONTRACTORS EMPLOYED BY THE LEASEHOLD CONTRACTOR SHALL COMPLY WITH THE WORK
RULES AND REGULATIONS ATTACHED HERETO AS SCHEDULE V, AND TO ANY ADDITIONAL OR
MODIFIED WORK RULES THAT MAY BE REASONABLY ADOPTED BY LANDLORD FOR THE BUILDING,
AND SHALL COORDINATE ON AN ONGOING BASIS WITH LANDLORD'S PROJECT MANAGER AND
CONSTRUCTION MANAGER CONCERNING CONSTRUCTION-RELATED MATTERS.
THE LEASEHOLD
CONTRACTOR SHALL CONDUCT ITS ACTIVITIES IN THE BUILDING IN A MANNER THAT WILL
NOT DELAY OR INTERFERE WITH ANY WORK BEING PERFORMED IN THE BUILDING BY ANY
OTHER CONTRACTOR.
IF LANDLORD REASONABLY DETERMINES THAT THE WORK BEING
PERFORMED BY (OR THE MANNER IN WHICH THE SAME IS BEING PERFORMED) LEASEHOLD