WORK WITH RESPECT TO
ANY ALTERATIONS MUST BE DONE IN A GOOD AND WORKMANLIKE MANNER AND DILIGENTLY
PROSECUTED TO COMPLETION SO THAT THE PREMISES SHALL AT ALL TIMES BE A COMPLETE
UNIT EXCEPT DURING THE PERIOD OF WORK.
IN PERFORMING THE WORK OF ANY SUCH
ALTERATIONS, TENANT SHALL HAVE THE WORK PERFORMED IN SUCH MANNER SO AS NOT TO
UNREASONABLY OBSTRUCT ACCESS TO THE BUILDING OR REAL PROPERTY OR THE COMMON
AREAS FOR ANY OTHER TENANT OF THE REAL PROPERTY, AND SO AS NOT TO OBSTRUCT THE
BUSINESS OF LANDLORD OR OTHER TENANTS IN THE REAL PROPERTY, OR INTERFERE WITH
THE LABOR FORCE WORKING ON THE REAL PROPERTY.
IN THE EVENT THAT TENANT MAKES
ANY ALTERATIONS, TENANT AGREES TO CARRY "INSTALLATION RISK" INSURANCE IN AN
AMOUNT REASONABLY APPROVED BY LANDLORD COVERING THE CONSTRUCTION OF SUCH
ALTERATIONS, AND SUCH OTHER INSURANCE AS LANDLORD MAY REASONABLY REQUIRE, IT
BEING UNDERSTOOD AND AGREED THAT ALL OF SUCH ALTERATIONS SHALL BE INSURED BY
TENANT PURSUANT TO ARTICLE 10 OF THIS LEASE IMMEDIATELY UPON COMPLETION
THEREOF.
IN ADDITION, WITH RESPECT TO ANY ALTERATIONS TO BE MADE IN THE
BUILDING WHICH COST IN EXCESS OF $300,000.00, LANDLORD MAY, IN ITS DISCRETION,
REQUIRE TENANT TO OBTAIN A LIEN AND COMPLETION BOND, OR, AT TENANT'S OPTION,
SOME ALTERNATE FORM OF SECURITY REASONABLY SATISFACTORY TO LANDLORD, IN AN
AMOUNT REASONABLY SUFFICIENT TO ENSURE THE LIEN-FREE COMPLETION OF SUCH
ALTERATIONS AND NAMING LANDLORD AS A CO-OBLIGEE.
UPON COMPLETION OF ANY
ALTERATIONS, TENANT AGREES TO CAUSE A NOTICE OF COMPLETION TO BE RECORDED IN THE
OFFICE OF THE RECORDER OF THE COUNTY IN WHICH THE REAL PROPERTY IS LOCATED IN
ACCORDANCE WITH SECTION 3093 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY
SUCCESSOR STATUTE, AND TENANT SHALL DELIVER TO THE MANAGEMENT OFFICE FOR THE
REAL PROPERTY A REPRODUCIBLE COPY OF THE "AS BUILT" DRAWINGS OF THE
ALTERATIONS.
IN THE EVENT TENANT FAILS TO SO RECORD THE NOTICE OF COMPLETION AS
REQUIRED PURSUANT TO THIS SECTION 8.2, THEN SUCH FAILURE SHALL NOT, IN AND OF
ITSELF, CONSTITUTE A DEFAULT HEREUNDER BUT TENANT SHALL INDEMNIFY, DEFEND,
PROTECT AND HOLD HARMLESS LANDLORD AND THE LANDLORD PARTIES FROM ANY AND ALL
LOSS, COST, DAMAGE, EXPENSE AND LIABILITY (INCLUDING, WITHOUT LIMITATION, COURT
COSTS AND REASONABLE ATTORNEYS' FEES) IN CONNECTION WITH SUCH FAILURE BY TENANT
TO SO RECORD THE NOTICE OF COMPLETION AS REQUIRED HEREUNDER.
8.3
LANDLORD'S PROPERTY.
ALL ALTERATIONS, IMPROVEMENTS AND/OR
FIXTURES (EXCLUDING TENANT'S PROPERTY) WHICH MAY BE INSTALLED OR PLACED IN OR
ABOUT THE PREMISES, FROM TIME TO TIME, SHALL BE AT THE SOLE COST OF TENANT AND
SHALL BECOME THE PROPERTY OF LANDLORD UPON EXPIRATION OF THE LEASE TERM OR
EARLIER TERMINATION OF THIS LEASE; PROVIDED, HOWEVER:
(I) TENANT MAY NOT REMOVE
ANY TENANT IMPROVEMENTS OR ALTERATIONS (EXCLUDING TENANT'S PROPERTY) PAID FOR BY
LANDLORD WITH LANDLORD'S OWN FUNDS AND/OR OUT OF ANY TENANT IMPROVEMENT
ALLOWANCES PROVIDED BY LANDLORD (EXCEPT ANY SUCH REMOVAL MADE IN CONNECTION WITH
ALTERATIONS APPROVED BY LANDLORD OR NOT REQUIRED TO BE APPROVED BY LANDLORD);
AND (II) LANDLORD