OR
CHARGES INCURRED BY TENANT IN MAKING SUCH REPAIRS.
SUCH REPAIRS BY TENANT SHALL
BE EFFECTED IN A FIRST-CLASS MANNER AND OTHERWISE IN ACCORDANCE WITH THE
PROVISIONS OF THIS LEASE.
IF LANDLORD FAILS TO PAY TO TENANT WHEN DUE ANY SUM WHICH TENANT IS
ENTITLED TO RECOVER FROM LANDLORD PURSUANT TO SECTION 8.4(A), THEN IF TENANT HAS
OBTAINED A FINAL, NON-APPEALABLE COURT JUDGMENT THAT SUCH SUM WAS DUE AND
PAYABLE TO TENANT UNDER THE TERMS OF SECTION 8.4(A) BUT WAS WRONGFULLY WITHHELD
BY LANDLORD, THEN TENANT MAY CREDIT THE AMOUNT OF SUCH JUDGMENT AGAINST RENT DUE
UNDER THIS LEASE, PROVIDED THAT THE AMOUNT THAT SHALL BE CREDITED AGAINST THE
ANNUAL BASE RENT EACH MONTH SHALL NOT EXCEED TEN PERCENT (10%) OF THE MONTHLY
BASE RENT.
TENANT ALTERATIONS
THE INITIAL IMPROVEMENTS TO THE PREMISES SHALL BE CONSTRUCTED IN
ACCORDANCE WITH EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF.
IT IS
UNDERSTOOD AND AGREED THAT EXCEPT AS PROVIDED IN THE PRECEDING SENTENCE LANDLORD
WILL NOT MAKE, AND IS UNDER NO OBLIGATION TO MAKE, ANY STRUCTURAL OR OTHER
ALTERATIONS, DECORATIONS, ADDITIONS OR IMPROVEMENTS IN OR TO THE PREMISES.
TENANT WILL NOT MAKE OR PERMIT ANYONE TO MAKE ANY ALTERATIONS,
DECORATIONS, ADDITIONS OR IMPROVEMENTS (HEREINAFTER REFERRED TO COLLECTIVELY AS
"IMPROVEMENTS" OR "ALTERATIONS"), STRUCTURAL OR OTHERWISE, IN OR TO THE PREMISES
OR THE BUILDING, WITHOUT THE PRIOR WRITTEN CONSENT OF LANDLORD.
IMPROVEMENTS TO THE INTERIOR OF THE PREMISES WHICH (I) ARE NOT READILY
VISIBLE TO THE EXTERIOR OF THE BUILDING OR THE COMMON AND PUBLIC AREAS THEREOF,
(II) ARE NOT STRUCTURAL, (III) DO NOT AFFECT THE ELECTRICAL, MECHANICAL, FIRE
OR
LIFE SAFETY SYSTEMS WITHIN THE BUILDING AND (IV) ARE OTHERWISE IN
CONFORMANCE WITH ALL APPLICABLE BUILDING, ZONING AND OTHER CODES OR REGULATIONS
AFFECTING THE BUILDING, SHALL BE SUBJECT TO THE PRIOR WRITTEN CONSENT OF
LANDLORD, WHICH CONSENT SHALL NOT BE UNREASONABLY WITHHELD, CONDITIONED, OR
DELAYED.
LANDLORD AGREES TO APPROVE OR DISAPPROVE ANY PROPOSED ALTERATIONS
WITHIN TEN (10) BUSINESS DAYS AFTER LANDLORD'S RECEIPT OF TENANT'S REQUEST
THEREFOR AND SUFFICIENT INFORMATION ABOUT THE PROPOSED ALTERATIONS TO ENABLE
LANDLORD TO MAKE THE DETERMINATION CALLED FOR BY THIS SECTION 9.2.
IF LANDLORD
FAILS TO RESPOND TO TENANT WITHIN SUCH TEN (10) BUSINESS DAY PERIOD, TENANT
SHALL DELIVER A SECOND WRITTEN REQUEST FOR LANDLORD'S APPROVAL, WHICH SECOND
REQUEST SHALL BE DELIVERED TO LANDLORD AND SHALL CLEARLY STATE THAT THE REQUEST
WILL BE DEEMED APPROVED IN ACCORDANCE WITH THIS SECTION 9.2 IF LANDLORD FAILS TO
RESPOND WITHIN FIVE (5) BUSINESS DAYS.
IF LANDLORD FAILS TO RESPOND TO TENANT
WITHIN FIVE (5) BUSINESS DAYS AFTER LANDLORD'S RECEIPT OF SUCH SECOND NOTICE,
THEN LANDLORD SHALL BE DEEMED TO HAVE APPROVED THE PROPOSED ALTERATIONS.
NOTWITHSTANDING THE FOREGOING, TENANT SHALL HAVE THE RIGHT, AFTER PROVIDING AT
LEAST TEN (10) DAYS PRIOR WRITTEN NOTICE TO LANDLORD, BUT WITHOUT THE NECESSITY
OF OBTAINING LANDLORD'S CONSENT, TO MAKE
NONSTRUCTURAL ALTERATIONS
IN AND TO
THE PREMISES THAT (I) MEET THE REQUIREMENTS OF CLAUSES (I)-(IV) ABOVE, (II) DO
NOT REQUIRE THE ISSUANCE OF A BUILDING PERMIT, (III) ARE NOT