TO THE PREMISES OR INSTALL ANY CABLE IN THE PREMISES
OR OTHER PORTIONS OF THE BUILDING (COLLECTIVELY, "ALTERATIONS") WITHOUT FIRST
OBTAINING THE WRITTEN CONSENT OF LANDLORD IN EACH INSTANCE.
HOWEVER, LANDLORD'S
CONSENT SHALL NOT BE REQUIRED FOR ANY ALTERATION THAT SATISFIES ALL OF THE
FOLLOWING CRITERIA (A "MINOR ALTERATION"):
(A) IS OF A COSMETIC NATURE SUCH AS
PAINTING, WALLPAPERING, HANGING PICTURES AND INSTALLING CARPETING; (B) IS NOT
VISIBLE FROM OUTSIDE THE PREMISES OR BUILDING; (C) WILL NOT AFFECT THE SYSTEMS
OR STRUCTURE OF THE BUILDING; AND (D) DOES NOT REQUIRE WORK TO BE PERFORMED
INSIDE THE WALLS.
(2)
REQUIREMENTS FOR ALL ALTERATIONS, INCLUDING MINOR ALTERATIONS.
PRIOR TO STARTING WORK ON ANY ALTERATION, TENANT SHALL FURNISH TO LANDLORD FOR
REVIEW AND APPROVAL, SUCH
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APPROVAL NOT TO BE UNREASONABLY WITHHELD: PLANS AND SPECIFICATIONS; NAMES OF
PROPOSED CONTRACTORS (PROVIDED THAT LANDLORD MAY DESIGNATE SPECIFIC CONTRACTORS
WITH RESPECT TO BUILDING SYSTEMS); COPIES OF CONTRACTS; NECESSARY PERMITS AND
APPROVALS; EVIDENCE OF CONTRACTORS' AND SUBCONTRACTORS' INSURANCE.
CHANGES TO
THE PLANS AND SPECIFICATIONS MUST ALSO BE SUBMITTED TO LANDLORD FOR ITS
APPROVAL, SUCH APPROVAL NOT TO BE UNREASONABLY WITHHELD.
SOME OF THE FOREGOING
REQUIREMENTS MAY BE WAIVED BY LANDLORD FOR THE PERFORMANCE OF SPECIFIC MINOR
ALTERATIONS; PROVIDED THAT SUCH WAIVER IS OBTAINED IN WRITING PRIOR TO THE
COMMENCEMENT OF SUCH MINOR ALTERATIONS.
LANDLORD'S WAIVER ON ONE OCCASION SHALL
NOT WAIVE LANDLORD'S RIGHT TO ENFORCE SUCH REQUIREMENTS ON ANY OTHER OCCASION.
ALTERATIONS SHALL BE CONSTRUCTED IN A GOOD AND WORKMANLIKE MANNER USING
MATERIALS OF A QUALITY THAT IS AT LEAST EQUAL TO THE QUALITY DESIGNATED BY
LANDLORD AS THE MINIMUM STANDARD FOR THE BUILDING.
LANDLORD MAY DESIGNATE
REASONABLE RULES, REGULATIONS AND PROCEDURES FOR THE PERFORMANCE OF ALTERATIONS
IN THE BUILDING AND, TO THE EXTENT REASONABLY NECESSARY TO AVOID DISRUPTION TO
THE OCCUPANTS OF THE BUILDING, SHALL HAVE THE RIGHT TO DESIGNATE THE TIME WHEN
ALTERATIONS MAY BE PERFORMED.
TENANT SHALL REIMBURSE LANDLORD WITHIN 30 DAYS
AFTER RECEIPT OF AN INVOICE FOR OUT-OF-POCKET SUMS PAID BY LANDLORD FOR THIRD
PARTY EXAMINATION OF TENANT'S PLANS FOR ALTERATIONS.
IN ADDITION, WITHIN 30
DAYS AFTER RECEIPT OF AN INVOICE FROM LANDLORD, TENANT SHALL PAY TO LANDLORD A
FEE EQUAL TO 3% OF THE TOTAL COST OF SUCH ALTERATIONS FOR LANDLORD'S OVERSIGHT
AND COORDINATION OF ANY ALTERATIONS; PROVIDED, HOWEVER, THAT IF NO OVERSIGHT OR
COORDINATION SERVICES ARE REQUESTED OF LANDLORD THEN NO SUCH FEE SHALL BE
CHARGED.
NO LATER THAN 30 DAYS AFTER COMPLETION OF THE ALTERATIONS, TENANT
SHALL FURNISH "AS-BUILT" PLANS (WHICH SHALL NOT BE REQUIRED FOR MINOR
ALTERATIONS), COMPLETION AFFIDAVITS, FULL AND FINAL WAIVERS OF LIENS, RECEIPTS
AND BILLS COVERING ALL LABOR AND MATERIALS.
TENANT SHALL ASSURE THAT THE
ALTERATIONS COMPLY WITH ALL INSURANCE REQUIREMENTS AND LAWS.
(3)
LANDLORD'S LIABILITY FOR ALTERATIONS.
LANDLORD'S APPROVAL OF AN
ALTERATION SHALL NOT BE A REPRESENTATION BY LANDLORD THAT THE ALTERATION
COMPLIES WITH APPLICABLE LAWS OR WILL BE ADEQUATE FOR TENANT'S USE.
TENANT
ACKNOWLEDGES THAT LANDLORD IS NOT AN ARCHITECT OR ENGINEER, AND THAT THE
ALTERATIONS WILL BE DESIGNED AND/OR CONSTRUCTED USING INDEPENDENT