RIGHT, BUT NOT THE OBLIGATION, TO
PERFORM SUCH WORK, IN WHICH CASE TENANT SHALL BE RESPONSIBLE FOR THE COST
THEREOF, PLUS A CHARGE OF THREE PERCENT (3%) FOR ADMINISTRATIVE COST RECOVERY,
AND SHALL REIMBURSE LANDLORD, AS ADDITIONAL RENT FOR THE COST THEREOF, WITHIN
THIRTY (30) DAYS FOLLOWING TENANT'S RECEIPT OF AN INVOICE THEREFOR.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN, WITH RESPECT TO THE ADA ONLY, THE
PARTIES HEREBY AGREE THAT: (A) TENANT SHALL BE RESPONSIBLE FOR ADA COMPLIANCE IN
THE PREMISES (SUBJECT TO THE PROVISIONS OF THIS SECTION 8.3), INCLUDING ANY
LEASEHOLD IMPROVEMENTS OR OTHER WORK TO BE PERFORMED IN THE PREMISES UNDER OR IN
CONNECTION WITH THIS LEASE, (B) LANDLORD MAY PERFORM (AS AFORESAID) AND TENANT
SHALL BE RESPONSIBLE FOR THE COST OF, OR LANDLORD MAY REQUIRE THAT TENANT
PERFORM, AT ITS COST, ADA "PATH OF TRAVEL" REQUIREMENTS TRIGGERED BY
IMPROVEMENTS OR ALTERATIONS IN THE PREMISES, MADE BY OR ON BEHALF OF TENANT, AND
(C) LANDLORD MAY PERFORM (AS AFORESAID), AND TENANT SHALL BE RESPONSIBLE FOR THE
COST OF, OR LANDLORD MAY REQUIRE THAT TENANT PERFORM, AT ITS COST, ADA
COMPLIANCE IN THE
F-19
COMMON AREAS OF THE PROPERTY NECESSITATED AS A RESULT OF THE BUILDING OR THE
PROPERTY BEING DEEMED TO BE A "PUBLIC PLACE OF ACCOMMODATION" AS A RESULT OF
TENANT'S PARTICULAR MANNER OF USE OR OCCUPANCY OF THE PREMISES.
ARTICLE IX
ALTERATIONS
9.1
TENANT SHALL NOT MAKE OR PERMIT ANYONE TO MAKE ANY REPAIRS
(WHETHER REQUIRED PURSUANT TO SECTION 8.2 OR OTHERWISE), ALTERATIONS,
DECORATIONS, ADDITIONS, IMPROVEMENTS OR OTHER CHANGES (COLLECTIVELY,
"ALTERATIONS"), WHETHER STRUCTURAL OR NON-STRUCTURAL, INTERIOR OR EXTERIOR, IN
OR TO THE PREMISES OR THE BUILDING WITHOUT THE PRIOR WRITTEN CONSENT OF
LANDLORD, WHICH CONSENT MAY BE WITHHELD OR GRANTED IN LANDLORD'S SOLE AND
ABSOLUTE DISCRETION.
HOWEVER, LANDLORD SHALL NOT UNREASONABLY WITHHOLD,
CONDITION OR DELAY ITS CONSENT TO ANY PROPOSED ALTERATION TO THE INTERIOR
PORTIONS OF THE PREMISES WHICH DOES NOT ADVERSELY AFFECT OR ENCUMBER THE
BUILDING STRUCTURE AND SYSTEMS; BUT IT SHALL BE DEEMED REASONABLE FOR LANDLORD
TO WITHHOLD ITS CONSENT IF ANY SUCH ALTERATION WOULD, IN THE OPINION OF
LANDLORD, ADVERSELY AFFECT THE MARKETABILITY OF THE PREMISES, NOT BE OF A TYPE
AND QUALITY CONSISTENT WITH FIRST-CLASS OFFICE BUILDINGS LOCATED IN THE
GEOGRAPHIC AREA, OR IN THE EVENT THAT ANY MORTGAGEE DOES NOT PROVIDE ITS
REQUIRED CONSENT FOR SUCH ALTERATION (PROVIDED LANDLORD SHALL USE COMMERCIALLY
REASONABLE EFFORTS TO OBTAIN SUCH CONSENT).
NOTWITHSTANDING THE FOREGOING,
LANDLORD'S CONSENT SHALL NOT BE REQUIRED FOR ANY ALTERATIONS ("PERMITTED
ALTERATIONS") IF THE PROPOSED ALTERATIONS (I) DO NOT AFFECT THE STRUCTURAL
COMPONENTS OF THE BUILDING, (II) ARE DESIGNED IN CONFORMANCE WITH THE AESTHETICS
AND ARCHITECTURE OF THE BUILDING IN LANDLORD'S REASONABLE DISCRETION, (III) DO
NOT ADVERSELY AFFECT THE BUILDING SYSTEMS, (IV) ARE NOT VISIBLE FROM THE
EXTERIOR OF THE PREMISES, (V) DO NOT REDUCE THE VALUE OR UTILITY OF THE
BUILDING, (VI) ARE STRICTLY COSMETIC OR DECORATIVE IN NATURE, (VII) DO NOT
EXCEED A COST OF $35,000.00 TO PERFORM SAME, AND (VIII) DO NOT REQUIRE THE
CONSENT OF ANY MORTGAGEE.
9.2