TO SUCH ALTERATIONS, WHICH
CONSENT SHALL BE REQUESTED BY TENANT NOT LESS THAN FIFTEEN (15) BUSINESS DAYS
PRIOR TO THE COMMENCEMENT THEREOF.
LANDLORD SHALL NOT UNREASONABLY WITHHOLD OR
DELAY ITS CONSENT FOR ANY ALTERATIONS (PROVIDED THAT AN EVENT OF DEFAULT DOES
NOT EXIST), EXCEPT THAT LANDLORD MAY WITHHOLD ITS CONSENT, IN ITS SOLE AND
ABSOLUTE DISCRETION, WITH RESPECT TO SUCH ALTERATIONS WHICH AFFECT (I) THE
MOVING OF ANY WALLS OR IMPROVEMENTS WHICH LANDLORD INTENDS TO USE IN THEIR
CURRENTLY EXISTING CONFIGURATION FOLLOWING THE TERMINATION OR EXPIRATION OF THIS
LEASE, (II) AFFECT THE STRUCTURAL COMPONENTS OF THE BUILDING, AND/OR
(III) BUILDING SYSTEMS AND EQUIPMENT.
IN ADDITION, NOTWITHSTANDING ANYTHING TO
THE CONTRARY IN THIS LEASE, IN THE EVENT LANDLORD CONSENTS TO ANY ALTERATIONS,
LANDLORD MAY CONDITION ITS CONSENT UPON THE REQUIREMENT THAT TENANT SHALL, AT
TENANT'S SOLE COST AND EXPENSE, REMOVE SUCH ALTERATIONS AT THE END OF THE LEASE
TERM AND REPAIR ANY AND ALL DAMAGE TO THE PROPERTY CAUSED BY SUCH REMOVAL.
TENANT SHALL PAY FOR ALL OVERHEAD, GENERAL CONDITIONS, FEES AND OTHER COSTS AND
EXPENSES OF THE ALTERATIONS.
ALL ALTERATIONS SHALL BE SUBJECT, HOWEVER, IN ALL
CASES TO THE FOLLOWING:
A.
NO ALTERATIONS SHALL BE UNDERTAKEN UNTIL TENANT SHALL HAVE
PROCURED AND PAID FOR, SO FAR AS THE SAME MAY BE REQUIRED FROM TIME TO TIME, ALL
PERMITS AND AUTHORIZATIONS OF ALL MUNICIPAL DEPARTMENTS AND GOVERNMENTAL
SUBDIVISIONS HAVING JURISDICTION;
B.
ANY ALTERATIONS SHALL BE MADE PROMPTLY (UNAVOIDABLE DELAYS
EXCEPTED) AND IN A GOOD AND WORKMANLIKE MANNER AND IN COMPLIANCE WITH ALL
APPLICABLE PERMITS AND AUTHORIZATIONS AND BUILDING AND ZONING LAWS AND WITH ALL
OTHER LAWS, ORDINANCES, ORDERS, RULES, REGULATIONS AND REQUIREMENTS OF ALL
FEDERAL, STATE AND MUNICIPAL GOVERNMENTS, DEPARTMENTS, COMMISSIONS, BOARDS AND
OFFICERS, AND IN ACCORDANCE WITH THE ORDERS, RULES AND REGULATIONS OF THE BOARD
OF FIRE UNDERWRITERS OR ANY OTHER BODY OR BODIES HEREAFTER EXERCISING SIMILAR
FUNCTIONS;
C.
THE COST OF ANY SUCH ALTERATIONS SHALL BE PAID IN STRICT
ACCORDANCE WITH THE TERMS OF PAYMENT PROVIDED IN THE CONTRACTS AND SUBCONTRACTS
MADE WITH MECHANICS AND MATERIALMEN FOR LABOR AND MATERIALS SUPPLIED TO THE
DEMISED PREMISES;
11
D.
BUILDERS RISK INSURANCE AND GENERAL LIABILITY INSURANCE FOR THE
MUTUAL BENEFIT OF LANDLORD AND TENANT WITH LIMITS OF NOT LESS THAN $5,000,000 IN
THE EVENT OF BODILY INJURY OR DEATH TO ONE PERSON AND NOT LESS THAN $10,000,000
IN THE EVENT OF BODILY INJURY OR DEATH TO ANY NUMBER OF PERSONS IN ANY ONE
ACCIDENT, AND WITH LIMITS OF NOT LESS THAN $5,000,000 FOR DAMAGES OR INJURY TO
PROPERTY WITH NOT MORE THAN $25,000 DEDUCTIBLE, SHALL BE MAINTAINED BY TENANT AT
TENANT'S SOLE COST AND EXPENSE AT ALL TIMES WHEN ANY SUBSTANTIAL WORK IS IN
PROGRESS IN CONNECTION WITH ANY ALTERATIONS.
ALL POLICIES OR CERTIFICATES
THEREFOR ISSUED BY THE RESPECTIVE INSURERS, BEARING NOTATIONS EVIDENCING THE
PAYMENT OF PREMIUMS OR ACCOMPANIED BY OTHER EVIDENCE SATISFACTORY TO LANDLORD OF
SUCH PAYMENT, SHALL BE DELIVERED TO LANDLORD;
E.
TENANT SHALL UTILIZE ONLY CONTRACTORS, MATERIALS, MECHANICS AND
MATERIALMEN REASONABLY APPROVED BY LANDLORD;
F.
THE PLANS,