STATEMENT SPECIFYING IN REASONABLE DETAIL THE REASONS FOR SUCH DISAPPROVAL AND
ITEMIZING THE PORTION(S) OF THE PLANS WHICH HAVE NOT BEEN APPROVED; HOWEVER, IF
WITH RESPECT TO SUCH ALTERATIONS LANDLORD FAILS TO RESPOND TO TENANT'S REQUEST
FOR SUCH APPROVAL WITHIN SAID FIFTEEN (15) DAY PERIOD, THEN PROVIDED TENANT
SENDS LANDLORD A SECOND (2ND) NOTICE STATING, AMONG OTHER THINGS, THE FOLLOWING
IN BOLD CAPITAL LETTERS:
"IF LANDLORD FAILS TO RESPOND TO THIS REQUEST FOR
APPROVAL OF ALTERATIONS WITHIN FIVE (5) BUSINESS DAYS, THEN LANDLORD'S APPROVAL
THEREOF AND OF THE PLANS AND SPECIFICATIONS THEREFOR SHALL BE DEEMED GRANTED IN
ACCORDANCE WITH SECTION 11.02(B) OF THE LEASE," AND IF LANDLORD CONTINUES TO
FAIL TO RESPOND TO THE REQUEST AFTER THE EXPIRATION OF SUCH ADDITIONAL FIVE
(5) BUSINESS DAY PERIOD, LANDLORD'S CONSENT TO SUCH ALTERATION SHALL BE DEEMED
TO HAVE BEEN GIVEN.
NOTWITHSTANDING
36
ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE FIVE (5) BUSINESS DAY PERIOD
REFERRED TO IN THE PRECEDING SENTENCE SHALL BE EXTENDED TO ELEVEN (11) BUSINESS
DAYS IF LANDLORD NOTIFIES TENANT THAT LANDLORD HAS SENT TENANT'S PLANS AND
SPECIFICATIONS TO A THIRD PARTY CONSULTANT TO REVIEW.
(C)
TENANT SHALL PAY TO LANDLORD UPON DEMAND, AS ADDITIONAL CHARGES,
LANDLORD'S REASONABLE OUT OF POCKET COSTS AND EXPENSES (INCLUDING, WITHOUT
LIMITATION, THE REASONABLE FEES OF ANY ARCHITECT OR ENGINEER EMPLOYED BY
LANDLORD OR ANY SUPERIOR LESSOR OR SUPERIOR MORTGAGEE FOR SUCH PURPOSE) FOR
(I) REVIEWING TENANT' PLANS AND (II) INSPECTING THE ALTERATIONS TO DETERMINE
WHETHER THE SAME ARE BEING PERFORMED IN ACCORDANCE WITH (X) TENANT'S PLANS, AS
APPROVED AND (Y) ALL LEGAL REQUIREMENTS.
(D)
TENANT AGREES THAT ANY REVIEW OR APPROVAL BY LANDLORD OF ANY PLANS
AND/OR SPECIFICATIONS WITH RESPECT TO ANY ALTERATIONS IS SOLELY FOR LANDLORD'S
BENEFIT, AND WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER TO TENANT WITH
RESPECT TO THE ADEQUACY, CORRECTNESS OR EFFICIENCY THEREOF OR OTHERWISE.
11.03
INTENTIONALLY OMITTED.
11.04
TENANT, IN CONNECTION WITH ANY ALTERATIONS, SHALL FULLY AND PROMPTLY
COMPLY WITH AND OBSERVE THE ALTERATIONS RULES AND REGULATIONS SET FORTH AS
EXHIBIT F HERETO AND MADE A PART HEREOF.
11.05
TENANT, AT ITS EXPENSE, SHALL OBTAIN (AND FURNISH TRUE AND COMPLETE
COPIES TO LANDLORD OF) ALL NECESSARY GOVERNMENTAL PERMITS AND CERTIFICATES FOR
THE COMMENCEMENT AND PROSECUTION OF ALTERATIONS AND FOR FINAL APPROVAL THEREOF
UPON COMPLETION, AND SHALL CAUSE ALTERATIONS TO BE PERFORMED IN COMPLIANCE
THEREWITH, WITH ALL APPLICABLE LEGAL REQUIREMENTS, WITH ALL INSURANCE
REQUIREMENTS AND WITH TENANT'S PLANS (AS APPROVED BY LANDLORD, SUBJECT TO MINOR
ADJUSTMENTS THERETO CUSTOMARILY MADE IN THE FIELD).
ALTERATIONS SHALL BE
DILIGENTLY PERFORMED IN A GOOD AND WORKMANLIKE MANNER, USING NEW MATERIALS AND
EQUIPMENT AT LEAST EQUAL IN QUALITY AND CLASS TO THE BETTER OF (I) THE ORIGINAL
INSTALLATIONS OF THE BUILDING OR (II) THE THEN STANDARDS FOR THE BUILDING
ESTABLISHED BY LANDLORD.
ALTERATIONS SHALL BE PERFORMED BY CONTRACTORS FIRST
APPROVED BY LANDLORD, WHICH APPROVAL SHALL NOT BE UNREASONABLY WITHHELD OR
DELAYED; PROVIDED, HOWEVER, THAT ANY ALTERATIONS IN OR TO THE ROOF (EXCEPT FOR
TENANT'S INSTALLATIONS PURSUANT TO ARTICLE 40 HEREOF, FOR WHICH TENANT MAY
SELECT