filed with those
authorities).
Landlord may provide copies of those financial statements to
current and prospective lenders, investors and buyers, identified in writing to
Tenant, for examination and review.
Landlord shall keep all such financial
statements strictly confidential and may provide copies of such financial
statements to such other parties only upon receiving in return a covenant from
each recipient that such recipient shall keep the financial statements
confidential except with the prior written consent of Tenant.
41
ARTICLE XIX
CHANGES AND ALTERATIONS
Tenant shall have the right at any time, and from time to time during the Term
of this Lease, to make such changes and alterations to the interior of the
Demised Premises as Tenant shall deem necessary or desirable in connection with
the requirements of its business, which changes and alterations (other than
changes or alterations of Tenant's movable trade fixtures and equipment) shall
be made in all cases subject to the following conditions, which Tenant covenants
to observe and perform:
(A)
PERMITS.
NO CHANGE OR ALTERATION SHALL BE
UNDERTAKEN UNTIL TENANT SHALL HAVE PROCURED AND PAID FOR, SO FAR AS THE SAME MAY
BE REQUIRED FROM TIME TO TIME, ALL MUNICIPAL, STATE AND FEDERAL PERMITS AND
AUTHORIZATIONS OF THE VARIOUS GOVERNMENTAL BODIES AND DEPARTMENTS HAVING
JURISDICTION THEREOF, AND LANDLORD AGREES TO JOIN IN THE APPLICATION FOR SUCH
PERMITS OR AUTHORIZATIONS WHENEVER SUCH ACTION IS NECESSARY, ALL AT TENANT'S
SOLE COST AND EXPENSE, PROVIDED SUCH APPLICATIONS DO NOT CAUSE LANDLORD TO
BECOME LIABLE FOR ANY COST, FEES OR EXPENSES.
(B)
COMPLIANCE WITH PLANS AND SPECIFICATIONS.
BEFORE COMMENCEMENT OF ANY CHANGE, ALTERATION, RESTORATION OR CONSTRUCTION
(HEREINAFTER SOMETIMES REFERRED TO AS "WORK") INVOLVING AN ESTIMATED COST OF
MORE THAN TEN THOUSAND DOLLARS ($10,000.00), OR WHICH, (I) IN LANDLORD'S
REASONABLE JUDGMENT, WOULD AFFECT ANY BUILDING SYSTEMS AND EQUIPMENT,
(II) REQUIRE STRUCTURAL CHANGES TO THE DEMISED PREMISES OR ANY PORTION OF THE
SOUTHERN BUILDING, (III) ARE VISIBLE FROM THE EXTERIOR OF THE DEMISED PREMISES
OR (IV) WOULD, IN LANDLORD'S REASONABLE JUDGMENT, MATERIALLY INCREASE THE
MAINTENANCE AND REPAIR OBLIGATIONS OF LANDLORD HEREUNDER, TENANT SHALL
(I) FURNISH LANDLORD WITH DETAILED PLANS AND SPECIFICATIONS OF THE PROPOSED
CHANGE OR ALTERATION; (II) OBTAIN LANDLORD'S PRIOR WRITTEN APPROVAL OF A
LICENSED ARCHITECT OR LICENSED PROFESSIONAL ENGINEER SELECTED AND PAID FOR BY
TENANT WHO SHALL APPROVE ANY SUCH WORK (HEREINAFTER REFERRED TO AS "ALTERATIONS
ARCHITECT OR ENGINEER"); AND (III) OBTAIN LANDLORD'S PRIOR WRITTEN APPROVAL
(WHICH SHALL NOT BE UNREASONABLY WITHHELD OR DELAYED) OF DETAILED PLANS AND
SPECIFICATIONS PREPARED AND APPROVED IN WRITING BY SAID ALTERATIONS ARCHITECT OR
ENGINEER AND OF EACH AMENDMENT AND CHANGE THERETO.
(C)
VALUE MAINTAINED.
ANY CHANGE OR ALTERATION
SHALL, WHEN COMPLETED, BE OF SUCH CHARACTER SO AS NOT TO REDUCE THE VALUE OF THE
DEMISED PREMISES OR THE BUILDINGS TO WHICH SUCH CHANGE OR ALTERATION IS MADE
BELOW ITS VALUE OR UTILITY TO LANDLORD IMMEDIATELY BEFORE SUCH CHANGE OR
ALTERATION, NOR SHALL SUCH CHANGE OR ALTERATION REDUCE THE AREA OR CUBIC CONTENT
OF THE DEMISED PREMISES OR BUILDINGS TO USE WITHOUT LANDLORD'S