NOTICE TO BUT WITHOUT OBTAINING LANDLORD'S CONSENT,
MAY MAKE ALTERATIONS, INSTALLATIONS, ADDITIONS OR IMPROVEMENTS IN OR TO THE
DEMISED PREMISES WHICH (X)(I) DO NOT AFFECT ANY STRUCTURAL OR MECHANICAL
PORTION, OR THE ELECTRICAL SYSTEMS, OF THE BUILDING AND (II) ARE OF A PURELY
DECORATIVE OR COSMETIC NATURE SUCH AS PAINTING, CARPETING, WALL COVERINGS AND
THE LIKE, (Y) COST LESS THAN $5.00 PER SQUARE FOOT WITH RESPECT TO THE AREA
AFFECTED BY SUCH WORK
27
AND (Z) DO NOT REQUIRE A BUILDING PERMIT.
TENANT SHALL MAKE NO OTHER
ALTERATIONS, INSTALLATIONS, ADDITIONS OR IMPROVEMENTS IN OR TO THE DEMISED
PREMISES WITHOUT LANDLORD'S PRIOR WRITTEN CONSENT AND THEN ONLY BY CONTRACTORS
OR MECHANICS WHO ARE REASONABLY APPROVED BY LANDLORD; PROVIDED, THAT TENANT
SHALL ONLY USE CONTRACTORS OR MECHANICS DESIGNATED BY LANDLORD FOR ANY
ALTERATIONS, INSTALLATIONS, ADDITIONS OR IMPROVEMENTS WHICH AFFECT THE LIFE
SAFETY AND/OR OTHER SYSTEMS OF THE BUILDING.
ALL SUCH WORK, ALTERATIONS,
INSTALLATIONS, ADDITIONS AND IMPROVEMENTS SHALL BE DONE AT TENANT'S SOLE EXPENSE
AND AT SUCH TIMES AND IN SUCH MANNER AS LANDLORD MAY FROM TIME TO TIME
REASONABLY DESIGNATE.
TENANT'S INITIAL WORK AND ANY FUTURE WORK IN THE DEMISED
PREMISES SHALL BE DONE SOLELY IN ACCORDANCE WITH PLANS AND SPECIFICATIONS FIRST
APPROVED IN WRITING BY LANDLORD.
LANDLORD WILL NOT UNREASONABLY WITHHOLD OR
DELAY ITS CONSENT TO REQUESTS FOR ALTERATIONS, ADDITIONS AND IMPROVEMENTS.
LANDLORD SHALL RESPOND TO TENANT'S PLANS AND SPECIFICATIONS FOR TENANT'S INITIAL
WORK WITHIN TEN (10) BUSINESS DAYS AFTER SUBMISSION, PROVIDED THAT, IF TENANT
NOTIFIES LANDLORD THAT AN EMERGENCY SITUATION EXISTS (I.E., THAT THERE IS A
REALISTIC AND IMMINENT THREAT TO THE SAFETY OF PERSONS OR THE PRESERVATION OF
PROPERTY), LANDLORD SHALL ENDEAVOR TO RESPOND MORE QUICKLY.
IN DETERMINING
WHETHER LANDLORD HAS ACTED REASONABLY, THE FOLLOWING FACTORS SHALL BE TAKEN INTO
CONSIDERATION:
(A) WHETHER THE PROPOSED ALTERATION IS STRUCTURAL AND/OR WILL
INTERFERE WITH THE OPERATION OF THE COMPLEX OR AFFECT THE OUTSIDE OF THE COMPLEX
OR AFFECT ITS STRUCTURE, ELECTRICAL, HVAC, PLUMBING OR MECHANICAL SYSTEMS,
(B) WHETHER SUCH ALTERATION WILL AFFECT THE OCCUPANCY OF ANY OTHER TENANT IN THE
COMPLEX AND (C) WHETHER SUCH ALTERATION IS A CUSTOMARY TYPE OF ALTERATION FOR
THE USES PERMITTED BY SECTION 5.01 AND IN ACCORDANCE WITH A FIRST CLASS OFFICE
BUILDING STANDARD.
IF LANDLORD FAILS TO RESPOND TO TENANT'S PROPOSED
ALTERATIONS AND PLANS AND SPECIFICATIONS WITHIN SUCH TEN (10) BUSINESS DAY
PERIOD, SUCH ALTERATIONS AND PLANS AND SPECIFICATIONS SHALL BE DEEMED APPROVED,
PROVIDED THAT TENANT SHALL HAVE SENT LANDLORD A SECOND REQUEST FOR APPROVAL
CONTAINING THE FOLLOWING LANGUAGE AND LANDLORD SHALL HAVE FAILED TO RESPOND
WITHIN FIVE BUSINESS DAYS:
"THIS IS A SECOND REQUEST FOR APPROVAL OF THE
PROPOSED ALTERATIONS.
IF LANDLORD DOES NOT RESPOND TO THIS SECOND REQUEST WTHIN
FIVE BUSINESS DAYS, LANDLORD'S APPROVAL SHALL BE DEEMED GRANTED PURSUANT TO THE
PROVISIONS OF THE LEASE."
Any such approved alterations and improvements shall be performed in accordance
with the foregoing and the following provisions of this Article 6 and Schedule
C:
1.
ALL WORK SHALL BE DONE IN A GOOD AND WORKMANLIKE MANNER.