DAMAGE CAUSED TO
THE PREMISES AND THE PROJECT BY REMOVAL OF TENANT'S MODULAR WALLS, MOVABLE
EQUIPMENT OR FURNITURE AND SUCH OTHER ALTERATIONS, ADDITIONS AND IMPROVEMENTS AS
TENANT SHALL BE REQUIRED OR ALLOWED BY LANDLORD TO REMOVE FROM THE PREMISES.
AS
USED HEREIN, THE TERM "EXTRAORDINARY FIXTURE" MEANS AN ALTERATION, ADDITION OR
IMPROVEMENT WHICH, AT THE TIME OF INSTALLATION, IS NOT THE TYPE QUALITY, OR
QUANTITY OF IMPROVEMENT THAT IS CUSTOMARILY FOUND IN A STANDARD OFFICE
INSTALLATION IN FIRST CLASS OFFICE BUILDING IN THE SOUTH OF MARKET STREET AREA
OF SAN FRANCISCO, CALIFORNIA.
BY WAY OF EXAMPLE ONLY, ROLLING OR BUILT-IN HIGH
DENSITY FILE SYSTEMS, VAULTS, SAFES, RAISED FLOORING, DEDICATED TENANT ELEVATORS
OR DUMB WAITERS, SPECIAL KEY CARD SYSTEMS ON STAIRWELLS OR OTHER ENTRY DOORS,
AND INTERNAL STAIRWAYS CONSTITUTE EXTRAORDINARY FIXTURES.
8.5
CONSTRUCTION OF ALTERATIONS.
ALL ALTERATIONS, ADDITIONS AND
IMPROVEMENTS PERMITTED UNDER THIS SECTION 8.5 SHALL BE CONSTRUCTED DILIGENTLY,
IN A GOOD AND WORKMANLIKE MANNER WITH NEW OR LIKE-NEW, GOOD AND SUFFICIENT
MATERIALS AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, ORDINANCES, RULES AND
REGULATIONS (INCLUDING, WITHOUT LIMITATION, BUILDING CODES AND THOSE RELATED TO
ACCESSIBILITY AND USE BY INDIVIDUALS WITH DISABILITIES) AND IN ACCORDANCE WITH
LANDLORD'S CONSTRUCTION RULES ATTACHED HERETO AS EXHIBIT E.
INSTALLATION BY OR
ON BEHALF OF TENANT, PRIOR TO THE COMMENCEMENT DATE OR DURING THE TERM OF THIS
LEASE, OF CONDUITS, ELECTRICAL WIRES, AND TELEPHONE, DATA OR VIDEO CABLES IN THE
VERTICAL SHAFTS, HORIZONTAL RACEWAYS, ELECTRICAL CLOSETS AND TELEPHONE CLOSETS
OF THE BUILDING OR OTHER COMMON AREAS OF THE BUILDING DESIGNED FOR THE
INSTALLATION OF SUCH CONDUITS, ELECTRICAL WIRES AND CABLES SHALL BE SUBJECT TO
SUCH REGULATIONS AND CONDITIONS AS LANDLORD MAY FROM TIME TO TIME REASONABLY
IMPOSE.
TENANT SHALL, PROMPTLY UPON COMPLETION OF THE WORK, FURNISH LANDLORD
WITH "AS BUILT" DRAWINGS FOR ANY ALTERATIONS, ADDITIONS OR IMPROVEMENTS
PERFORMED UNDER THIS SECTION 8.5.
IF ANY ALTERATIONS, ADDITIONS OR IMPROVEMENTS
WHICH TENANT CAUSES TO BE CONSTRUCTED IN THE PREMISES RESULT IN LANDLORD BEING
REQUIRED TO MAKE ANY ALTERATIONS AND/OR IMPROVEMENTS TO OTHER PORTIONS OF THE
PROJECT IN ORDER TO COMPLY WITH ANY APPLICABLE LAWS, ORDINANCES OR REGULATIONS,
THEN TENANT SHALL REIMBURSE LANDLORD UPON DEMAND FOR ALL COSTS AND EXPENSES
INCURRED BY LANDLORD IN MAKING SUCH ALTERATIONS
24
AND/OR IMPROVEMENTS (PROVIDED THAT TENANT SHALL NOT BE REQUIRED TO REIMBURSE
LANDLORD FOR THE COSTS OF EXCUSED WORK, AS DEFINED IN SECTION 6.6).
EXCEPT TO
THE EXTENT OTHERWISE SPECIFICALLY AGREED BY LANDLORD IN WRITING, IN THE EVENT
ANY ALTERATIONS OR ADDITIONS TO THE PREMISES ARE PERFORMED BY LANDLORD
HEREUNDER, LANDLORD SHALL BE ENTITLED TO CHARGE TENANT A SEVEN PERCENT (7%)
ADMINISTRATION FEE IN ADDITION TO THE ACTUAL COSTS OF LABOR AND MATERIALS
PROVIDED.
SUCH COSTS AND FEES SHALL BE DEEMED ADDITIONAL RENT UNDER THIS LEASE,
AND MAY BE CHARGED AND PAYABLE PRIOR TO COMMENCEMENT OF THE WORK.
ARTICLE 9.
SUBORDINATION, NONDISTURBANCE AND ATTORNMENT
9.1
SUBORDINATION.
THIS LEASE AND THE RIGHTS OF TENANT HEREUNDER SHALL
BE SUBJECT AND SUBORDINATE TO THE LIEN OF ANY DEED OF TRUST, MORTGAGE OR OTHER
SECURITY INSTRUMENT (COLLECTIVELY,