THEN FOR THE PURPOSE OF ESTABLISHING THE
FIRST PHASE DELIVERY DATE OR SECOND PHASE DELIVERY DATE AND ANY OTHER DATE TIED
TO THE DATE OF SUBSTANTIAL COMPLETION, SUBSTANTIAL COMPLETION SHALL BE DEEMED TO
MEAN THE DATE WHEN SUBSTANTIAL COMPLETION WOULD HAVE BEEN ACHIEVED BUT FOR SUCH
SUBLESSEE DELAY.
4.7
DELIVERY OF AS-BUILTS.
SUBLESSOR SHALL
CAUSE A SET OF "AS-BUILT" PLANS AND SPECIFICATIONS TO BE DELIVERED TO SUBLESSEE
WITHIN ONE HUNDRED TWENTY (120) DAYS AFTER SUBSTANTIAL COMPLETION IF SUBLESSOR
IS REQUIRED TO PREPARE AND DELIVER SAME TO ANY OF THE PRIME LESSOR, THE LENDER,
OR BY GOVERNMENTAL REQUIREMENT.
5.
SUBLESSEE ALTERATIONS AND ADDITIONS.
SUBLESSEE SHALL NOT MAKE OR PERMIT TO BE MADE ANY ALTERATIONS, IMPROVEMENTS, OR
ADDITIONS TO THE SUBLEASED PREMISES (A "SUBLESSEE'S CHANGE"), WITHOUT FIRST
OBTAINING ON EACH OCCASION (A) SUBLESSOR'S PRIOR WRITTEN CONSENT (WHICH CONSENT
SUBLESSOR AGREES NOT TO UNREASONABLY WITHHOLD, DELAY OR CONDITION) AND (B) PRIME
LESSOR'S PRIOR WRITTEN CONSENT (IF SUCH CONSENT IS REQUIRED); PROVIDED, HOWEVER,
THAT SUBLESSEE SHALL HAVE THE RIGHT, WITHOUT THE PRIOR WRITTEN CONSENT OF
SUBLESSOR AND PRIME LESSOR (BUT OTHERWISE SUBJECT TO THE PROVISIONS OF THIS
SECTION 5), TO MAKE SUBLESSEE CHANGES THAT: (I)
ARE CONSISTENT WITH THE SCIF
WORK TO BE PERFORMED IN THE SUBJECT BUILDING; OR (II) QUALIFY AS "PRE-APPROVED
CHANGES" WITHIN THE MEANING OF SECTION 12.1(A) OF THE PRIME LEASE, I.E. THE COST
OF SUCH A SUBLESSEE CHANGE IS LESS THAN FIFTY THOUSAND DOLLARS ($50,000).
SUBLESSOR SHALL USE ITS COMMERCIALLY REASONABLE BEST EFFORTS TO SECURE ANY
CONSENTS FROM PRIME LESSOR TO ALTERATIONS NOT OTHERWISE EXPRESSLY PERMITTED TO
BE MADE BY SUBLESSEE IN ITEMS (I) AND (II) ABOVE OR AS PROVIDED IN THIS
SECTION BELOW WITH RESPECT TO TELECOMMUNICATIONS EQUIPMENT.
SUBLESSEE SHALL
HAVE THE RIGHT WITHOUT SUBLESSOR'S AND PRIME LESSOR'S PRIOR WRITTEN CONSENT AND
WITHOUT COMPLIANCE WITH THE OTHER PROVISIONS OF THIS SECTION 5 TO INSTALL,
MAINTAIN AND REPAIR TOWERS, ANTENNAS, SATELLITE DISHES AND/OR OTHER
COMMUNICATIONS EQUIPMENT ("TELECOMMUNICATIONS EQUIPMENT") ON THE ROOF OF THE
SUBJECT BUILDING AS HEREINAFTER PROVIDED IN SECTION 22 OF THIS SUBLEASE.
ALL
SUBLESSEE'S CHANGES SHALL BE PERFORMED IN ACCORDANCE WITH ALL LEGAL REQUIREMENTS
APPLICABLE THERETO AND IN A GOOD AND WORKMANLIKE MANNER WITH FIRST-CLASS
MATERIALS.
SUBLESSEE SHALL MAINTAIN INSURANCE REASONABLY SATISFACTORY TO
SUBLESSOR DURING THE CONSTRUCTION OF ALL SUBLESSEE'S CHANGES.
IF SUBLESSOR OR
PRIME LESSOR AT THE TIME OF GIVING ITS APPROVAL TO ANY SUBLESSEE'S CHANGE NOT
OTHERWISE EXPRESSLY PERMITTED BY THE TERMS OF THIS SECTION THEN NOTIFIES
SUBLESSEE IN WRITING THAT APPROVAL IS CONDITIONED UPON RESTORATION, THEN
SUBLESSEE SHALL, AT ITS SOLE COST AND EXPENSE AND AT SUBLESSOR'S OPTION UPON THE
TERMINATION OR EXPIRATION OF THIS LEASE, REMOVE THE SAME AND RESTORE THE
SUBLEASED PREMISES TO ITS CONDITION PRIOR TO SUCH SUBLESSEE'S CHANGE.
SUBLESSEE
SHALL PAY THE FULL COST OF ANY SUBLESSEE'S CHANGE.
Except as otherwise provided herein, all Sublessee's Changes and all repairs and
all other property attached to or installed on the Subleased Premises by or on
behalf of Sublessee (not including Sublessee's personal property and removable
trade fixtures, which will remain the
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