office
buildings in the downtown Chicago, Illinois, and otherwise in accordance with
all applicable Laws (the cost of which may be included in Expenses as herein
provided).
ARTICLE 9:
ALTERATIONS AND LIENS
A.
ALTERATIONS AND APPROVAL.
TENANT SHALL NOT ATTACH ANY FIXTURES,
EQUIPMENT OR OTHER ITEMS TO THE PREMISES, OR PAINT OR MAKE ANY OTHER ADDITIONS,
CHANGES, ALTERATIONS OR
9
IMPROVEMENTS TO THE PREMISES OR THE SYSTEMS AND EQUIPMENT SERVING THE PREMISES
(ALL SUCH WORK REFERRED TO COLLECTIVELY HEREIN AS THE "WORK"), WITHOUT THE PRIOR
WRITTEN CONSENT OF LANDLORD.
LANDLORD SHALL NOT UNREASONABLY WITHHOLD,
CONDITION OR DELAY CONSENT, EXCEPT THAT LANDLORD RESERVES THE RIGHT TO WITHHOLD
CONSENT IN LANDLORD'S SOLE DISCRETION FOR WORK AFFECTING THE STRUCTURE, SAFETY,
EFFICIENCY OR SECURITY OF THE PROPERTY, PREMISES, SYSTEMS AND EQUIPMENT, OR THE
APPEARANCE OF THE PREMISES FROM ANY EXTERIOR AREAS.
IN SEEKING APPROVAL, TENANT
SHALL PROVIDE LANDLORD WITH NOTICE OF WHETHER THE WORK WILL INVOLVE OR AFFECT,
TO TENANT'S KNOWLEDGE, ANY HAZARDOUS MATERIALS, WHETHER SUCH MATERIALS ARE
CUSTOMARY AND USUAL BASED ON STANDARD INDUSTRY PRACTICES, AND ALL OTHER DETAILS
RELATING THERETO.
Notwithstanding the foregoing, Tenant may perform Work in the interior of the
Premises without Landlord's prior written consent, provided such Work (or the
performance thereof) does not (i) affect the mechanical, electrical, HVAC, life
safety, or other Building operating systems, (ii) affect the structural
components of the Building or require penetration of the floor or ceiling of the
Premises, (iii) involve the use or, to Tenant's knowledge, disturbance of any
Hazardous Material or (iv) cost more than $20,000.00 in any one instance, and
further provided that Tenant gives Landlord prior written notice of such Work
and further provided that such Work (and the performance thereof) shall
otherwise be in compliance with the provisions of this Article 9 (except for the
requirement of Landlord's consent).
B.
APPROVAL CONDITIONS.
LANDLORD RESERVES THE RIGHT TO IMPOSE
REASONABLE REQUIREMENTS AS A CONDITION OF SUCH CONSENT OR OTHERWISE IN
CONNECTION WITH THE WORK, INCLUDING REQUIREMENTS THAT TENANT: (I) SUBMIT FOR
LANDLORD'S PRIOR WRITTEN APPROVAL THE NAMES, ADDRESSES AND BACKGROUND
INFORMATION CONCERNING ALL ARCHITECTS, ENGINEERS, CONTRACTORS, SUBCONTRACTORS
AND SUPPLIERS TENANT PROPOSES TO USE, WHICH APPROVAL SHALL NOT BE UNREASONABLY
WITHHELD, CONDITIONED OR DELAYED, (II) SUBMIT FOR LANDLORD'S WRITTEN APPROVAL
DETAILED PLANS AND SPECIFICATIONS PREPARED BY LICENSED AND COMPETENT ARCHITECTS
AND ENGINEERS, WHICH APPROVAL SHALL NOT BE UNREASONABLY WITHHELD, CONDITIONED OR
DELAYED, (III) OBTAIN AND POST PERMITS, (IV) IF THE REASONABLY ESTIMATED COST OF
SUCH PROPOSED WORK EXCEEDS $20,000.00, PROVIDE BONDS, ADDITIONAL INSURANCE,
AND/OR A CASH DEPOSIT OF THE TOTAL AMOUNT REQUIRED TO PAY FOR THE WORK
(INCLUDING PLANS, SPECIFICATIONS, ENGINEERING AND OTHER LIENABLE COSTS, AND
LANDLORD'S FEE DESCRIBED BELOW) FOR LANDLORD TO RELEASE OR APPLY AS THE WORK IS
PROPERLY COMPLETED AND LIEN WAIVERS, AFFIDAVITS AND OTHER DOCUMENTATION
SATISFACTORY TO LANDLORD ARE SUBMITTED, (V) SUBMIT ARCHITECT, ENGINEER,
CONTRACTOR, SUBCONTRACTOR AND SUPPLIER AFFIDAVITS OF PAYMENT AND RECORDABLE LIEN
WAIVERS IN COMPLIANCE WITH THE LAWS OF THE STATE OF ILLINOIS, (VI) USE UNION
LABOR (IF LANDLORD USES UNION LABOR),