AT LANDLORD'S OPTION,
EITHER (A) TENANT SHALL BE DEEMED TO BE HOLDING OVER IN THE PREMISES AND RENT
SHALL CONTINUE TO ACCRUE IN ACCORDANCE WITH THE TERMS OF ARTICLE 16, BELOW,
UNTIL SUCH WORK SHALL
22
BE COMPLETED, AND/OR (B) LANDLORD MAY DO SO AND MAY CHARGE THE COST THEREOF TO
TENANT.
TENANT HEREBY PROTECTS, DEFENDS, INDEMNIFIES AND HOLDS LANDLORD
HARMLESS FROM ANY LIABILITY, COST, OBLIGATION, EXPENSE OR CLAIM OF LIEN IN ANY
MANNER RELATING TO THE INSTALLATION, PLACEMENT, REMOVAL OR FINANCING OF ANY SUCH
ALTERATIONS, COSMETIC ALTERATIONS, IMPROVEMENTS, FIXTURES AND/OR EQUIPMENT IN,
ON OR ABOUT THE PREMISES, EXCEPT TO THE EXTENT THAT SUCH LIABILITY, COST,
OBLIGATION, EXPENSE OR CLAIM OF LIEN IS DUE TO THE WILLFUL MISCONDUCT OR GROSS
NEGLIGENCE OF LANDLORD, WHICH OBLIGATIONS OF TENANT SHALL SURVIVE THE EXPIRATION
OR EARLIER TERMINATION OF THIS LEASE.
8.6
LANDLORD RESTORATION WORK WITH REGARD TO IMPROVEMENTS.
LANDLORD
SHALL, BY WRITTEN NOTICE (THE "LANDLORD RESTORATION WORK NOTICE") DELIVERED TO
TENANT NOT SOONER THAN EIGHT (8) MONTHS PRIOR TO THE EXPIRATION OF THE INITIAL
LEASE TERM, INFORM TENANT OF THE ESTIMATED COST (THE "LANDLORD RESTORATION WORK
COST") TO REMOVE AND/OR RESTORE THE FOLLOWING IMPROVEMENTS (THE "LANDLORD
RESTORATION ITEMS") FROM THE PREMISES (ALL OF WHICH REMOVAL AND RESTORATION
SHALL BE TO LANDLORD'S THEN APPLICABLE BUILDING STANDARDS, USING BUILDING
STANDARD MATERIALS, PROCEDURES AND FINISHES): (I) RESTORATION OF THE CURRENTLY
EXISTING MULTI-TENANT CORRIDOR ON THE FIFTH (5TH) FLOOR OF THE BUILDING WHICH IS
ANTICIPATED TO BE REMOVED BY TENANT AS PART OF TENANT'S CONSTRUCTION OF THE
IMPROVEMENTS, (II) RESTORATION OF THE ELEVATOR LOBBY ON THE FIFTH (5TH) FLOOR OF
THE BUILDING; (III) REMOVAL OF THE WALLS AND DOORS OF CERTAIN OFFICES AND
IDENTIFIED AS OFFICE NUMBERS 561, 562, 563, 564, 565, 566, 567, 569, 571, AND
572 ON THE FINAL SPACE PLAN, AND RETURN THE AREA OCCUPIED BY SUCH OFFICES TO
OPEN OFFICE SPACE, INCLUDING, WITHOUT LIMITATION, RESTORATION OF THE CEILING,
LIGHTING, SPRINKLERS, AND HVAC DISTRIBUTION, AND RESTORATION OF ALL AREAS
AFFECTED BY ANY SUCH REMOVAL TO MATCH EXISTING FINISHES, (IV) REMOVAL OF ALL
FLOOR MOUNTED ELECTRICAL BOXES INSTALLED BY TENANT THROUGHOUT THE PREMISES,
INCLUDING ALL CORRESPONDING CONDUIT AND WIRE, AND REPAIR OF ALL FLOOR
PENETRATIONS, (V) REMOVAL AND RESTORATION OF ACCORDION DOORS, INTERIOR CLOSETS,
AND THE THREE (3) ENTRANCES FURTHEST AWAY FROM THE ELEVATOR LOBBY IN SUITE 620,
(VI) REMOVAL OF ANY WALL COVERINGS INSTALLED IN CONNECTION WITH THE IMPROVEMENTS
AND SKIM COAT SUCH WALLS TO RETURN SURFACE TO A SMOOTH, EVEN, PAINT-READY
CONDITION, AND (VII) AS MORE PARTICULARLY SET FORTH IN SECTION 2.3 OF THE WORK
LETTER, (AS THAT TERM IS DEFINED IN THE WORK LETTER), ANY OTHER IMPROVEMENTS
THAT LANDLORD IDENTIFIES AT THE TIME OF LANDLORD'S REVIEW AND APPROVAL OF THE
"FINAL WORKING DRAWINGS" (COLLECTIVELY, THE "LANDLORD RESTORATION WORK").
SUCH
LANDLORD RESTORATION WORK COST SHALL INCLUDE ALL COSTS RELATED TO PLANS,
PERMITS, APPROVALS AND OTHER DOCUMENTS ISSUED BY ANY GOVERNMENTAL AGENCY IN
CONNECTION WITH THE LANDLORD RESTORATION WORK.
LANDLORD SHALL DETERMINE THE
LANDLORD RESTORATION WORK COST BY COMPETITIVELY BIDDING THE LANDLORD RESTORATION