ALTERATION
PLANS AND SPECIFICATIONS UNLESS THE PROPOSED MODIFICATION SUBSTANTIALLY ALTERS
THE ALTERATION PLANS AND SPECIFICATIONS, IN WHICH EVENT, SO LONG AS LANDLORD
NOTIFIES TENANT WITHIN SUCH FIFTEEN (15) BUSINESS DAY PERIOD THAT LANDLORD SO
REGARDS THE PROPOSED MODIFICATION, LANDLORD'S REVIEW SHALL BE CARRIED OUT WITHIN
TWENTY (20) BUSINESS DAYS OF THE DATE OF SUBMISSION OF THE PROPOSED
MODIFICATION.
(III)
COMPLIANCE WITH LEGAL REQUIREMENTS.
THE ALTERATION PLANS AND
SPECIFICATIONS (AND ANY MODIFICATION THERETO) SHALL COMPLY WITH ALL LEGAL
REQUIREMENTS AND INSURANCE REQUIREMENTS (BUT NEED NOT COMPLY WITH THE ZONING
RESOLUTION, IT BEING UNDERSTOOD THAT ALTERATION MAY BE CONSTRUCTED WITHOUT
REFERENCE TO
83
THE PROVISIONS OF THE ZONING RESOLUTION).
LANDLORD'S APPROVAL OF ANY SUCH
ALTERATION PLANS AND SPECIFICATIONS (OR ANY MODIFICATION THERETO) DRAWINGS SHALL
NOT BE, NOR SHALL BE CONSTRUED AS BEING, OR RELIED UPON AS, A DETERMINATION THAT
ANY SUCH ALTERATION PLANS AND SPECIFICATIONS (OR ANY MODIFICATION THERETO)
DRAWINGS COMPLY WITH ANY LEGAL REQUIREMENTS OR INSURANCE REQUIREMENTS.
(IV)
SUBMISSION IN TRIPLICATE.
ALL DRAWINGS SUBMITTED TO LANDLORD PURSUANT TO
THIS SECTION 9.5 SHALL BE SUBMITTED IN TRIPLICATE.
(V)
PRODUCTION ARCHITECT.
NOTWITHSTANDING ANY PROVISION OF THIS LEASE
REQUIRING THE EXECUTION BY THE DESIGN ARCHITECT OF ANY CERTIFICATE OR OTHER
DOCUMENT, LANDLORD AGREES THAT SUCH CERTIFICATE OR OTHER DOCUMENT (INCLUDING,
WITHOUT LIMITATION, ANY ARCHITECT'S CERTIFICATE) MAY BE EXECUTED, IN LIEU
THEREOF, BY THE PRODUCTION ARCHITECT ON BEHALF OF THE DESIGN ARCHITECT ONCE
APPROVED BY THE DESIGN ARCHITECT.
(C)
RIGHT OF INSPECTION.
LANDLORD SHALL HAVE THE RIGHT, DURING THE
PERFORMANCE OF ANY ALTERATION GOVERNED BY ANY ELEMENT OF THE DUO OR AFFECTING A
STRUCTURAL COMPONENT (OTHER THAN BY HAVING A NONADVERSE STRUCTURAL EFFECT), TO
(I) MAINTAIN, AT LANDLORD'S COST, FIELD PERSONNEL OR OTHER REPRESENTATIVES AT
THE DEMISED PREMISES OR IN THE PORTIONS OF THE IMPROVEMENTS CONSTITUTING THE
COMMON ELEMENTS TO OBSERVE TENANT'S CONSTRUCTION METHODS AND TECHNIQUES AND TO
DETERMINE THAT SUCH ALTERATION IS BEING PERFORMED IN ACCORDANCE WITH THE
PROVISIONS OF THIS LEASE, AND (II) HAVE SUCH FIELD PERSONNEL OR OTHER DESIGNERS
ATTEND TENANT'S JOB AND/OR SAFETY MEETINGS (IT BEING AGREED THAT, IN RESPECT OF
BOTH OF CLAUSES (I) AND (II) IMMEDIATELY PRECEDING, SUCH LANDLORD'S FIELD
PERSONNEL OR OTHER REPRESENTATIVES SHALL NOT INSTRUCT CONTRACTORS, INTERFERE
WITH OR IMPEDE THE WORK OF SUCH OR OTHER WORKERS IN RESPECT OF ANY SUCH
ALTERATION).
LANDLORD AGREES THAT THE PRESENCE AND ACTIVITIES OF SUCH FIELD
PERSONNEL OR OTHER REPRESENTATIVES SHALL NOT IMPEDE IN ANY RESPECT THE
PERFORMANCE OF SUCH ALTERATION.
NO SUCH OBSERVATION OR ATTENDANCE BY LANDLORD'S
PERSONNEL, DESIGNERS OR OTHER REPRESENTATIVES SHALL IMPOSE UPON LANDLORD
RESPONSIBILITY FOR ANY FAILURE BY TENANT TO COMPLY WITH ANY LEGAL REQUIREMENTS,
INSURANCE REQUIREMENTS OR SAFETY PRACTICES IN CONNECTION WITH SUCH ALTERATION OR
CONSTITUTE AN ACCEPTANCE OF ANY SUCH ALTERATION WHICH DOES NOT COMPLY IN ALL
RESPECTS WITH THE PROVISIONS OF THIS LEASE.
SECTION 9.6
APPROVAL OF PROJECT PARTICIPANTS.
(A)
APPROVAL OF ARCHITECTS.
(I)
DESIGN ARCHITECT.
THE DESIGN ARCHITECT FOR ANY ALTERATION (OTHER THAN
INTERIOR CONSTRUCTION WORK) GOVERNED BY ANY ELEMENT OF THE DUO SHALL BE THE
DESIGN ARCHITECT.
IF TENANT SHALL