THE OTHER PROVISIONS OF THIS SECTION 9.3.
PRIOR TO STARTING ANY ALTERATION WORK, TENANT SHALL FURNISH LANDLORD WITH PLANS
AND SPECIFICATIONS; NAMES OF CONTRACTORS REASONABLY ACCEPTABLE TO LANDLORD
(PROVIDED THAT LANDLORD MAY DESIGNATE SPECIFIC CONTRACTORS WITH RESPECT TO BASE
BUILDING WORK); REQUIRED PERMITS AND APPROVALS; EVIDENCE OF CONTRACTOR'S AND
SUBCONTRACTOR'S INSURANCE IN AMOUNTS REASONABLY REQUIRED BY LANDLORD AND NAMING
LANDLORD AS AN ADDITIONAL INSURED; AND ANY SECURITY FOR PERFORMANCE IN AMOUNTS
REASONABLY REQUIRED BY LANDLORD.
CHANGES TO THE PLANS AND SPECIFICATIONS MUST
ALSO BE SUBMITTED TO LANDLORD FOR ITS APPROVAL. ALTERATIONS SHALL BE CONSTRUCTED
IN A GOOD AND WORKMANLIKE MANNER USING NEW MATERIALS OF A QUALITY REASONABLY
APPROVED BY LANDLORD BUT IN ALL INSTANCES AT LEAST EQUAL TO THE THEN CURRENT
QUALITY OF MATERIALS IN THE PREMISES. TENANT SHALL REIMBURSE LANDLORD FOR ANY
SUMS PAID BY LANDLORD FOR THIRD PARTY EXAMINATION OF TENANT'S PLANS FOR
NON-COSMETIC ALTERATIONS.
IN ADDITION, TENANT SHALL PAY LANDLORD, AS ADDITIONAL
RENT, A FEE FOR LANDLORD'S OVERSIGHT AND COORDINATION OF ANY ALTERATIONS OTHER
THAN COSMETIC ALTERATIONS EQUAL TO 5% OF THE COST OF THE ALTERATIONS (EXCLUDING
THE LANDLORD WORK SET FORTH IN EXHIBIT F EXCEPT FOR ANY ADDITIONAL CONSTRUCTION
COST AS DEFINED IN EXHIBIT F).
UPON COMPLETION, TENANT SHALL FURNISH "AS-BUILT"
PLANS FOR ALL ALTERATIONS OTHER THAN COSMETIC ALTERATIONS, COMPLETION AFFIDAVITS
AND FULL AND FINAL LIEN WAIVERS. LANDLORD'S APPROVAL OF AN ALTERATION SHALL NOT
BE DEEMED A REPRESENTATION BY LANDLORD THAT THE ALTERATION COMPLIES WITH LAW.
IF AT ANY TIME CONSTRUCTION BY OR ON BEHALF OF TENANT SHALL CAUSE DISHARMONY,
INTERFERENCE OR UNION DISPUTES OF ANY NATURE WHATSOEVER, WHETHER WITH
CONTRACTORS OF THE LANDLORD AND/OR OTHER TENANTS OR OCCUPANTS OF THE BUILDING,
LANDLORD RESERVES THE RIGHT, WITHOUT ANY LIABILITY TO LANDLORD WHATSOEVER, TO
IMMEDIATELY HALT SUCH CONSTRUCTION AND/OR BAR ANY OFFENDING CONTRACTORS AND/OR
SUBCONTRACTORS FROM THE BUILDING UNTIL SUCH DISHARMONY, INTERFERENCE OR UNION
DISPUTES MAY BE RESOLVED.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
9
HEREIN, TENANT SHALL BE ENTITLED TO REPLACE RUGS, AND REPAINT AND PATCH WALLS,
IN THE PREMISES WITHOUT LANDLORD'S CONSENT OR THE PRIOR SUBMISSION OF PLANS AND
SPECIFICATIONS.
10.
ENTRY BY LANDLORD.
Landlord may enter the Premises to inspect, show or clean the Premises or to
perform or facilitate the performance of repairs, alterations or additions to
the Premises or any portion of the Building (including for the purpose of
checking, calibrating, adjusting and balancing controls and other parts of the
Building's systems).
Except in emergencies or to provide Building services,
Landlord shall provide Tenant with reasonable prior verbal notice of entry and
shall use reasonable efforts to minimize any interference with Tenant's use of
the Premises.
If reasonably necessary, Landlord may temporarily close all or a
portion of the Premises to perform repairs, alterations and additions.
However,
except in emergencies, Landlord will not close the Premises if the work can
reasonably be completed on weekends and after Building Service Hours.
Entry by
Landlord shall not constitute a constructive eviction or entitle Tenant to an
abatement or reduction of Rent.
11.
ASSIGNMENT