EFFECT AS OF MAY 1, 1999, WHICH LOSS CONTROL GUIDELINES
SHALL BE SUBSTANTIALLY IN THE FORM OF THE DRAFT LOSS CONTROL GUIDELINES
EFFECTIVE AS OF THE DATE HEREOF AND PROVIDED BY LANDLORD TO TENANT PRIOR TO THE
EFFECTIVE DATE, AND LANDLORD'S APPROVAL THEREOF SHALL NOT CONSTITUTE LANDLORD'S
REPRESENTATION OR APPROVAL THAT THE LEASEHOLD PLANS (OR ANY PRIOR VERSION IN THE
DEVELOPMENT THEREOF) COMPLY WITH LEGAL REQUIREMENTS.
NOTWITHSTANDING THE FOREGOING, LANDLORD SHALL NOT UNREASONABLY WITHHOLD,
CONDITION, OR DELAY ITS CONSENT TO ANY SUCH PLANS, DRAWINGS OR SPECIFICATIONS
(OR CLARIFICATIONS THEREOF) PROVIDED HOWEVER THAT IF ANY PORTION OF SUCH
SUBMISSION HAS (I) AN IMPACT ON THE CONSTRUCTION, EXTERIOR APPEARANCE, OR
APPEARANCE FROM THE MAIN LOBBY OF THE BUILDING OR OTHER TENANT PREMISES AND FOR
THOSE PORTIONS OF THE UNIFIED PREMISES VISIBLE FROM THE EXTERIOR OF THE UNIFIED
PREMISES, OR (II) AN ADVERSE AFFECT ON THE BASE BUILDING SYSTEMS, OR STRUCTURAL
COMPONENTS OR STRUCTURAL INTEGRITY OF THE BUILDING, OR (III) DOES NOT COMPLY
WITH LANDLORD'S STANDARD DESIGN CONCEPTS AS DESCRIBED ON SCHEDULE X HERETO, THEN
LANDLORD MAY GRANT OR WITHHOLD ITS CONSENT IN LANDLORD'S SOLE AND ABSOLUTE
DISCRETION.
LANDLORD'S APPROVAL OF ANY OF SUCH PLANS, DRAWINGS AND
SPECIFICATIONS SHALL NOT CONSTITUTE LANDLORD'S APPROVAL OF ANY DELAYS CAUSED BY
TENANT AND SHALL NOT BE DEEMED A WAIVER OF ANY RIGHTS OR REMEDIES THAT MAY ARISE
AS A RESULT OF SUCH DELAYS.
NOTWITHSTANDING THE FOREGOING, ANY ROOF
PENETRATIONS SHALL BE SUBJECT TO LANDLORD'S APPROVAL IN ITS SOLE AND ABSOLUTE
DISCRETION AND MUST BE PERFORMED SO AS NOT TO VOID OR ALTER ANY ROOF GUARANTY OR
WARRANTY.
TENANT SHALL REIMBURSE LANDLORD FOR ALL REASONABLE, THIRD-PARTY,
OUT-OF-POCKET COSTS INCURRED BY LANDLORD IN REVIEWING THE LEASEHOLD PLANS, OR
ANY COMPONENT THEREOF, RELATING TO THE BUILDING STRUCTURE OR THE BASE BUILDING
MECHANICAL, ELECTRICAL, HVAC, PLUMBING OR FIRE AND LIFE SAFETY SYSTEMS WITHIN
TWENTY (20) DAYS AFTER TENANT'S RECEIPT OF AN INVOICE THEREFOR, OR AT LANDLORD'S
OPTION, LANDLORD MAY DEDUCT THE SAME FROM THE IMPROVEMENTS ALLOWANCE.
TENANT
SHALL USE REASONABLE EFFORTS TO NOTIFY LANDLORD APPROXIMATELY FIVE (5) DAYS
BEFORE IT SUBMITS ANY PLANS, SPECIFICATIONS OR DRAWINGS TO LANDLORD FOR APPROVAL
TO ENABLE LANDLORD TO ARRANGE APPROPRIATE STAFFING TO REVIEW THE SUBMISSION IN A
TIMELY FASHION.
(1)
WITHIN TEN (10) DAYS AFTER THE DATE HEREOF, WILSON SHALL DELIVER TO
TENANT THE LATEST VERSION OF ITS PLANS FOR THE EXISTING LEASEHOLD IMPROVEMENTS
ON THE 15TH AND 16TH FLOORS OF THE WILSON PREMISES IN CADD FORMAT.
SIMULTANEOUSLY WITH TENANT'S DELIVERY TO LANDLORD OF THE SPACE PLANS AND DESIGN
DRAWINGS FOR THE UNIFIED PREMISES AS SET FORTH IN PARAGRAPH 5(A), TENANT SHALL
ALSO DELIVER COPIES OF THE SPACE PLANS AND DESIGN DRAWINGS (BUT NOT INTERIM
PROGRESS DRAFTS THEREOF) TO WILSON FOR WILSON'S REVIEW AND APPROVAL AS PROVIDED
IN THIS PARAGRAPH.
WILSON'S REVIEW OF THE SPACE PLAN AND DESIGN DRAWINGS SHALL
BE TO DETERMINE, IN ITS REASONABLE DISCRETION, THAT (A) THE SPECIAL USE AREAS,
IN THE AGGREGATE (AS DEFINED BELOW), ARE NOT ALLOCATED TO THE WILSON PREMISES ON
A MATERIALLY DISPROPORTIONATE BASIS AS BETWEEN THE