OR ANY SUCCESSOR
STATUTE, AND TENANT SHALL DELIVER TO THE PROJECT CONSTRUCTION MANAGER A
REPRODUCIBLE COPY OF THE "AS BUILT" DRAWINGS OF THE ALTERATIONS, TO THE EXTENT
APPLICABLE, AS WELL AS ALL PERMITS, APPROVALS AND OTHER DOCUMENTS ISSUED BY ANY
GOVERNMENTAL AGENCY IN CONNECTION WITH THE ALTERATIONS.
8.3
PAYMENT FOR IMPROVEMENTS.
TENANT SHALL SIGN
LANDLORD'S STANDARD CONTRACTOR'S RULES AND REGULATIONS TO THE EXTENT THE SAME
ARE COMMERCIALLY REASONABLE.
EXCEPT WITH REGARD TO COSMETIC ALTERATIONS FOR
WHICH THERE SHALL BE NO SUCH CHARGE, WHETHER OR NOT TENANT ORDERS ANY WORK
DIRECTLY FROM LANDLORD, TENANT SHALL PAY TO LANDLORD AN AMOUNT EQUAL TO ONE
PERCENT (1%)
27
OF THE COST OF SUCH WORK TO COMPENSATE LANDLORD FOR ALL OVERHEAD, GENERAL
CONDITIONS, FEES AND OTHER COSTS AND EXPENSES ARISING FROM LANDLORD'S
INVOLVEMENT WITH SUCH WORK.
8.4
CONSTRUCTION INSURANCE.
IN ADDITION TO THE
REQUIREMENTS OF ARTICLE 10 OF THIS LEASE, IN THE EVENT THAT TENANT MAKES ANY
ALTERATIONS, PRIOR TO THE COMMENCEMENT OF SUCH ALTERATIONS, TENANT SHALL PROVIDE
LANDLORD WITH EVIDENCE THAT TENANT CARRIES "BUILDER'S ALL RISK" INSURANCE IN AN
AMOUNT REASONABLY APPROVED BY LANDLORD COVERING THE CONSTRUCTION OF SUCH
ALTERATIONS, AND SUCH OTHER INSURANCE AS LANDLORD MAY REASONABLY REQUIRE, IT
BEING UNDERSTOOD AND AGREED THAT ALL OF SUCH ALTERATIONS SHALL BE INSURED BY
TENANT PURSUANT TO ARTICLE 10 OF THIS LEASE IMMEDIATELY UPON COMPLETION
THEREOF.
IN ADDITION, FOR ANY ALTERATIONS WITH AN AGGREGATE COST EQUAL TO OR
GREATER THAN $100,000.00 IN ANY LEASE YEAR, TENANT SHALL OBTAIN A LIEN AND
COMPLETION BOND OR SOME ALTERNATE FORM OF SECURITY REASONABLY SATISFACTORY TO
LANDLORD IN AN AMOUNT SUFFICIENT TO ENSURE THE LIEN-FREE COMPLETION OF SUCH
ALTERATIONS AND NAMING LANDLORD AS A CO-OBLIGEE ("ALTERATION SECURITY");
PROVIDED, HOWEVER, IF TENANT MEETS OR EXCEEDS ONE OR BOTH OF THE FINANCIAL
THRESHOLDS SET FORTH IN SECTIONS (II) AND (III) OF THIS LEASE, THEN
TENANT SHALL NOT BE REQUIRED TO OBTAIN SUCH ALTERATION SECURITY.
8.5
LANDLORD'S PROPERTY.
LANDLORD AND TENANT
HEREBY ACKNOWLEDGES AND AGREE THAT (I) ALL ALTERATIONS, IMPROVEMENTS, FIXTURES,
AFFIXED EQUIPMENT AND/OR APPURTENANCES WHICH MAY BE INSTALLED OR PLACED IN OR
ABOUT THE PREMISES, FROM TIME TO TIME, SHALL BE AT THE SOLE COST OF TENANT AND
SHALL BE AND BECOME THE PROPERTY OF LANDLORD, EXCEPT AS MORE PARTICULARLY SET
FORTH BELOW, AND (II) THE TENANT IMPROVEMENTS TO BE CONSTRUCTED IN THE PREMISES
PURSUANT TO THE TCCS OF THE TENANT WORK LETTER SHALL, UPON COMPLETION OF THE
SAME, BE AND BECOME A PART OF THE PREMISES AND THE PROPERTY OF LANDLORD.
NOTWITHSTANDING THE FOREGOING, AND PROVIDED THAT (A) THE SAME ARE NOT TENANT
IMPROVEMENTS CONSTRUCTED PURSUANT TO THE TERMS OF THE TENANT WORK LETTER, AND
(B) LANDLORD HAS NOT PREVIOUSLY IDENTIFIED THE SAME AS "MUST-REMAIN" ITEMS
PURSUANT TO THE PROCEDURE SET FORTH BELOW, TENANT MAY REMOVE ANY OTHER
ALTERATIONS, IMPROVEMENTS, FIXTURES AND/OR EQUIPMENT WHICH TENANT CAN
SUBSTANTIATE TO LANDLORD HAVE NOT BEEN PAID FOR (IN WHOLE OR IN PART) WITH ANY
IMPROVEMENT ALLOWANCE FUNDS PROVIDED TO TENANT BY LANDLORD, PROVIDED TENANT
REPAIRS ANY DAMAGE TO THE PREMISES AND