USING ITS
BEST EFFORTS TO OBTAIN SUCH INSURANCE AND (E) SUCH INSURANCE IS NOT COMMERCIALLY
AVAILABLE, THEN FOR SO LONG AS TENANT PROVIDES EVIDENCE, REASONABLY SATISFACTORY
TO LANDLORD, THAT THE CONDITIONS LISTED IN THIS SECTION 6.1(C)(VI) CONTINUE TO
BE MET, TENANT SHALL BE ENTITLED TO AN EXTENSION OF THE FIXED COMMENCEMENT
CONSTRUCTION DATE.
(D)
APPROVAL OF ARCHITECTS.
(I)
DESIGN ARCHITECT. THE DESIGN ARCHITECT FOR ANY CONSTRUCTION WORK (OTHER
THAN INTERIOR CONSTRUCTION WORK OR DEMOLITION WORK) GOVERNED BY ANY ELEMENT OF
THE DUO SHALL BE THE DESIGN ARCHITECT. IF TENANT SHALL DESIRE TO REPLACE RENZO
PIANO BUILDING WORKSHOP OR ANY REPLACEMENT DESIGN ARCHITECT PREVIOUSLY APPROVED
BY LANDLORD AS THE DESIGN ARCHITECT, THEN SUCH REPLACEMENT DESIGN ARCHITECT
PROPOSED BY TENANT SHALL BE APPROVED BY LANDLORD (SUCH APPROVED REPLACEMENT
DESIGN ARCHITECT, THE "REPLACEMENT DESIGN ARCHITECT"), SO LONG AS THE PROPOSED
REPLACEMENT DESIGN ARCHITECT, IN LANDLORD'S REASONABLE JUDGMENT, MEETS ALL OF
THE FOLLOWING CRITERIA
52
(THE "REPLACEMENT DESIGN ARCHITECT APPROVAL CRITERIA"): (A) THE PROPOSED
REPLACEMENT DESIGN ARCHITECT IS KNOWN FOR ARTISTICALLY COMBINING ARCHITECTURE
AND ENGINEERING IN INVENTIVE AND UNIQUE WAYS; (B) THE PROPOSED REPLACEMENT
DESIGN ARCHITECT IS CAPABLE OF CREATING ARCHITECTURE THAT SENSITIVELY AND
IMAGINATIVELY ADDRESSES THE NEEDS OF USERS OF THE IMPROVEMENT AS WELL AS USER OF
ADJACENT CITY SIDEWALKS; (C) THE PROPOSED REPLACEMENT DESIGN ARCHITECT IS KNOWN
FOR SENSITIVE AND IMAGINATIVE USE OF MATERIALS TO RESOLVE PROBLEMS IN NEW WAYS;
(D) THE PROPOSED REPLACEMENT DESIGN ARCHITECT IS KNOWN FOR AN INFLUENTIAL,
DIVERSE BODY OF WORK, ALL OF WHICH IS, AS A WHOLE, INTERNATIONALLY RECOGNIZED
FOR HIGH STANDARDS OF EXCELLENCE IN ARCHITECTURE; (E) THE PROPOSED REPLACEMENT
DESIGN ARCHITECT IS THE RECIPIENT OF INTERNATIONAL AWARDS AND PRIZES; (F) THE
PROPOSED REPLACEMENT DESIGN ARCHITECT HAS EXPERIENCE IN CREATING ARCHITECTURE
THAT IS RESPONSIVE TO COMPLEX URBAN SITES; AND (G) THE PROPOSED REPLACEMENT
DESIGN ARCHITECT WILL BE INVOLVED IN ALL PHASES OF THE DESIGN, INCLUDING AN
ACTIVE ROLE WHILE THE NEW BUILDING IS UNDER CONSTRUCTION. IN THE EVENT THAT
TENANT PROPOSES TO REPLACE THE DESIGN ARCHITECT WITH AN ARCHITECT THAT, IN
LANDLORD'S REASONABLE JUDGMENT, DOES NOT MEET THE REPLACEMENT DESIGN ARCHITECT
APPROVAL CRITERIA, THEN LANDLORD MAY APPROVE OR DISAPPROVE THE PROPOSED DESIGN
ARCHITECT IN LANDLORD'S SOLE DISCRETION. ANY PROPOSED REPLACEMENT DESIGN
ARCHITECT SHALL, IN ANY EVENT, HAVE SUBSTANTIAL EXPERIENCE IN CONSTRUCTION
PROJECTS THAT ARE COMPARABLE IN SCOPE AND VISIBILITY TO THE NEW BUILDING AND
SHALL NOT BE A PROHIBITED PERSON. IF LANDLORD FAILS TO APPROVE OR REJECT ANY
ARCHITECT NOMINATED BY TENANT TO BE A DESIGN ARCHITECT WITHIN SIXTEEN (16)
BUSINESS DAYS AFTER THE WRITTEN SUBMISSION TO LANDLORD OF SUCH ARCHITECT'S NAME
AND OTHER INFORMATION (INCLUDING ADEQUATE PORTFOLIO INFORMATION) SUFFICIENTLY
DETAILED TO PERMIT LANDLORD TO MAKE A REASONED JUDGMENT OF THE APPROPRIATENESS
OF THE PROPOSED ARCHITECT FOR THE 42ND STREET PROJECT, OR LANDLORD FAILS TO MAKE
REASONABLE REQUESTS FOR ADDITIONAL INFORMATION RELATED THERETO WITHIN SUCH TIME
PERIOD AND THEREAFTER TO APPROVE OR REJECT SUCH ARCHITECT WITHIN ELEVEN (11)
BUSINESS DAYS AFTER WRITTEN SUBMISSION OF SUCH ADDITIONAL INFORMATION AS
LANDLORD SHALL HAVE REASONABLY REQUESTED, TENANT SHALL HAVE