(A)
IN ADDITION TO THE PROVISIONS OF SECTION 9.1 ABOVE,
ANY ALTERATIONS PERFORMED BY TENANT SHALL BE MADE: (I) PROMPTLY UPON TENANT'S
COMPLIANCE WITH THE REQUIREMENTS OF THIS ARTICLE IX, AND THEREAFTER DILIGENTLY
PROSECUTED TO COMPLETION; (II) IN A GOOD, WORKERLIKE, AND FIRST-CLASS MANNER;
(III) USING NEW MATERIALS ONLY; (IV) BY A CONTRACTOR APPROVED IN ADVANCE BY
LANDLORD, WHICH APPROVAL SHALL NOT BE UNREASONABLY WITHHELD, CONDITIONED OR
DELAYED (PROVIDED THAT IT SHALL BE REASONABLE FOR LANDLORD TO WITHHOLD ITS
CONSENT TO ANY NON-UNION CONTRACTOR WHOSE EMPLOYMENT WOULD VIOLATE ANY EXISTING
UNION CONTRACT OR IF IN LANDLORD'S REASONABLE DISCRETION WOULD CAUSE A CONFLICT
AS DESCRIBED IN SECTION 9.5 HEREIN); (V) ON DAYS, AT TIMES AND UNDER THE
SUPERVISION OF AN ENGINEER OR ARCHITECT APPROVED IN WRITING BY LANDLORD, WHICH
APPROVAL SHALL NOT BE UNREASONABLY WITHHELD, CONDITIONED OR DELAYED; (VI) IN
ACCORDANCE WITH PLANS AND SPECIFICATIONS PREPARED BY SUCH ENGINEER OR ARCHITECT,
WHICH PLANS AND SPECIFICATIONS SHALL INCLUDE A REASONABLY DETAILED ITEMIZATION
OF THE ESTIMATED TOTAL HARD AND SOFT COSTS OF SUCH ALTERATIONS, AND SHALL BE
APPROVED IN ADVANCE BY LANDLORD, WHICH APPROVAL SHALL NOT BE UNREASONABLY
WITHHELD, CONDITIONED OR DELAYED, AND LANDLORD SHALL BE PROMPTLY REIMBURSED BY
TENANT FOR ANY REASONABLE OUT-OF-POCKET EXPENSES INCURRED BY LANDLORD IN
CONNECTION THEREWITH; (VII) IN ACCORDANCE WITH ALL LEGAL REQUIREMENTS AND
INSURANCE REQUIREMENTS; (VIII) ONLY AFTER HAVING OBTAINED AND FURNISHED TO
LANDLORD PUBLIC LIABILITY, WORKER'S COMPENSATION AND SO-CALLED "BUILDER'S RISK"
INSURANCE POLICIES REASONABLY ACCEPTABLE TO LANDLORD, WHICH POLICIES SHALL COVER
ALL PARTIES WHO WILL PERFORM ANY WORK WITH RESPECT TO SUCH
F-20
ALTERATIONS; (IX) IN ACCORDANCE WITH ALL CONTRACTS, SUBCONTRACTS, SUPPLY
CONTRACTS, EQUIPMENT LEASES, CONSULTING AGREEMENTS OR SIMILAR DOCUMENTS, AND ANY
AMENDMENTS THERETO, WHICH HAVE BEEN EXECUTED BY TENANT IN CONNECTION WITH THE
ALTERATIONS (PROPOSED COPIES OF WHICH SHALL BE PROVIDED TO LANDLORD AT LEAST TEN
(10) DAYS BEFORE EXECUTION THEREOF AND LANDLORD MAY, BUT SHALL NOT BE OBLIGATED
TO, REVIEW, APPROVE OR DISAPPROVE OF SAME); (X) ON THE CONDITION THAT TENANT
SHALL PROVIDE TO LANDLORD EXECUTED COPIES OF THE CONTRACTS AND OTHER DOCUMENTS
SPECIFIED IN CLAUSE "(IX)" IMMEDIATELY ABOVE PRIOR TO THE COMMENCEMENT OF ANY
WORK; (XI) ON THE CONDITION THAT TENANT SHALL PROVIDE TO LANDLORD WRITTEN,
UNCONDITIONAL WAIVERS OF MECHANICS' AND MATERIALMEN'S LIENS AGAINST THE PREMISES
AND THE BUILDING FROM ALL PROPOSED CONTRACTORS, SUBCONTRACTORS, LABORERS AND
MATERIAL SUPPLIERS FOR ALL WORK, LABOR AND SERVICES TO BE PERFORMED AND
MATERIALS TO BE FURNISHED IN CONNECTION WITH SUCH ALTERATIONS (OR, IF SUCH
WAIVERS ARE THEN PROHIBITED BY LEGAL REQUIREMENTS, THEN TENANT SHALL PROVIDE TO
LANDLORD, ON AN ONGOING BASIS ON THE FIRST DAY OF EACH MONTH DURING THE
PERFORMANCE OF SUCH WORK, A COMPLETE AND ACCURATE LIST SETTING FORTH THE NAMES
AND ADDRESSES OF EACH CONTRACTOR, SUBCONTRACTOR, CONSTRUCTION MANAGER, DESIGN
PROFESSIONAL, SUPPLIER OR OTHER PERSONS OR ENTITIES PROVIDING WORK, SERVICES,
MATERIALS OR EQUIPMENT TO TENANT OR FOR THE BENEFIT OF THE PREMISES WHO MAY HAVE
THE RIGHT, UNDER APPLICABLE LEGAL REQUIREMENTS, TO FILE A MECHANIC'S LIEN OR
OTHER ENCUMBRANCE IN CONNECTION THEREWITH); (XII) IN