WRITTEN CONSENT OF LANDLORD, WHICH SHALL NOT BE UNREASONABLY
WITHHELD.
PRIOR TO COMMENCING ANY ALTERATIONS AND AS A CONDITION TO OBTAINING
LANDLORD'S CONSENT, TENANT SHALL DELIVER TO LANDLORD PLANS AND SPECIFICATIONS
REASONABLY ACCEPTABLE TO LANDLORD; NAMES AND ADDRESSES OF CONTRACTORS REASONABLY
ACCEPTABLE TO LANDLORD; COPIES OF CONTRACTS; NECESSARY PERMITS AND APPROVALS;
EVIDENCE OF CONTRACTOR'S AND SUBCONTRACTOR'S INSURANCE IN ACCORDANCE WITH
SECTION 13 HEREOF; AND, TO THE EXTENT THE COST OF SUCH ALTERATIONS SHALL EXCEED
$500,000 IN THE AGGREGATE IN ANY TWELVE (12) MONTH PERIOD, A PAYMENT BOND OR
OTHER SECURITY (PROVIDED, HOWEVER, THAT TENANT'S OBLIGATION TO PROVIDE SECURITY
WITH RESPECT TO THE INITIAL ALTERATIONS SHALL BE GOVERNED BY EXHIBIT D), ALL IN
FORM AND AMOUNT SATISFACTORY TO LANDLORD.
TENANT SHALL BE RESPONSIBLE FOR
INSURING THAT ALL SUCH PERSONS PROCURE AND MAINTAIN INSURANCE COVERAGE AGAINST
SUCH RISKS, IN SUCH AMOUNTS AND WITH SUCH COMPANIES AS LANDLORD MAY REASONABLY
REQUIRE.
ALL ALTERATIONS SHALL BE CONSTRUCTED IN A GOOD AND WORKMANLIKE MANNER
USING BUILDING STANDARD MATERIALS OR OTHER NEW MATERIALS OF EQUAL OR GREATER
QUALITY.
LANDLORD, TO THE EXTENT REASONABLY NECESSARY TO AVOID ANY DISRUPTION
TO THE TENANTS AND OCCUPANTS OF THE BUILDING, SHALL HAVE THE RIGHT TO DESIGNATE
REASONABLE RULES, REGULATIONS AND PROCEDURES FOR THE PERFORMANCE OF WORK IN THE
BUILDING.
12
UPON COMPLETION OF THE ALTERATIONS, TENANT SHALL DELIVER TO LANDLORD "AS-BUILT"
PLANS, CONTRACTOR'S AFFIDAVITS AND FULL AND FINAL WAIVERS OF LIEN AND RECEIPTED
BILLS COVERING ALL LABOR AND MATERIALS.
ALL ALTERATIONS SHALL COMPLY WITH THE
INSURANCE REQUIREMENTS AND WITH APPLICABLE CODES, ORDINANCES, LAWS AND
REGULATIONS.
TENANT SHALL REIMBURSE LANDLORD WITHIN THIRTY (30) DAYS FOLLOWING
WRITTEN DEMAND THEREFOR FOR ALL REASONABLE SUMS, IF ANY, EXPENDED BY LANDLORD
FOR THIRD PARTY EXAMINATION OF THE ARCHITECTURAL, MECHANICAL, ELECTRICAL AND
PLUMBING PLANS FOR ANY ALTERATIONS.
IN ADDITION, IF LANDLORD SO REQUESTS,
LANDLORD SHALL BE ENTITLED TO OVERSEE THE CONSTRUCTION OF ANY ALTERATIONS THAT
MAY ADVERSELY AFFECT THE STRUCTURE OF THE BUILDING OR ANY OF THE MECHANICAL,
ELECTRICAL, PLUMBING OR LIFE SAFETY SYSTEMS OF THE BUILDING.
IF LANDLORD ELECTS
TO OVERSEE SUCH WORK, LANDLORD SHALL BE ENTITLED TO RECEIVE A FEE FOR SUCH
OVERSIGHT IN AN AMOUNT EQUAL TO THREE PERCENT (3%) OF THE COST OF SUCH
ALTERATIONS (PROVIDED, HOWEVER, THAT THE FEE FOR LANDLORD'S OVERSIGHT OF THE
INITIAL ALTERATIONS SHALL BE GOVERNED BY EXHIBIT D).
LANDLORD'S APPROVAL OF
TENANT'S PLANS AND SPECIFICATIONS FOR ANY ALTERATIONS PERFORMED FOR OR ON BEHALF
OF TENANT SHALL NOT BE DEEMED TO BE REPRESENTATION BY LANDLORD THAT SUCH PLANS
AND SPECIFICATIONS COMPLY WITH APPLICABLE INSURANCE REQUIREMENTS, BUILDING
CODES, ORDINANCES, LAWS OR REGULATIONS OR THAT THE ALTERATIONS CONSTRUCTED IN
ACCORDANCE WITH SUCH PLANS AND SPECIFICATIONS WILL BE ADEQUATE FOR TENANT'S
USE.
NOTWITHSTANDING ANYTHING IN THIS SECTION 9B TO THE CONTRARY, LANDLORD'S
CONSENT SHALL NOT BE REQUIRED FOR ALTERATIONS NOT COSTING MORE THAN $10,000 EACH
PROJECT AND CONSISTING SOLELY OF PAINTING, WALL COVERING AND CARPETING OR
SIMILAR DECORATING WORK OR FURNISHINGS (SO LONG AS SUCH WORK DOES NOT INVOLVE
HAZARDOUS MATERIALS, DOES NOT AFFECT BASE BUILDING SYSTEMS OR THE STRUCTURE