AND TENANT SHALL PROVIDE TO
LANDLORD CERTIFICATES EVIDENCING TENANT'S COMPLIANCE WITH THE INSURANCE
REQUIREMENTS OF ARTICLE 10 OF THE LEASE (EXCEPT TO THE EXTENT ANY SUCH
REQUIREMENTS, BY THEIR NATURE OR TERMS, ARE CLEARLY RELEVANT ONLY AFTER TENANT'S
COMMENCEMENT OF BUSINESS OPERATIONS ON THE PREMISES).
IN ADDITION, TO THE
EXTENT LANDLORD OR PROJECT MANAGER ADVISES TENANT OF ANY SPECIFIC INSURANCE
B-5
REQUIREMENTS THAT ARE COMMERCIALLY REASONABLE AND CUSTOMARY DURING A "COURSE OF
CONSTRUCTION" PERIOD (SUCH AS, BUT NOT LIMITED TO, DESIGNATION OF SPECIFIED
"ADDITIONAL INSUREDS" WHO WOULD NOT ORDINARILY BE REQUIRED TO BE NAMED IN THAT
CAPACITY DURING THE LEASE TERM UNDER ARTICLE 10 OF THE LEASE), TENANT SHALL
COMPLY WITH AND/OR CAUSE ITS CONTRACTORS (AS APPLICABLE) TO COMPLY WITH SUCH
ADDITIONAL REQUIREMENTS.
(E)
RULES AND REGULATIONS; CONSTRUCTION
SIGNAGE.
TENANT AND TENANT'S CONTRACTORS SHALL COMPLY WITH ANY RULES,
REGULATIONS AND REQUIREMENTS THAT LANDLORD, PROJECT MANAGER OR LANDLORD'S
PROPERTY MANAGER OR GENERAL CONTRACTOR (IF ANY) MAY REASONABLY IMPOSE AND
DELIVER TO TENANT IN WRITING WITH RESPECT TO THE CONSTRUCTION OF THE TENANT
IMPROVEMENTS.
TENANT'S AGREEMENT WITH TENANT'S CONTRACTORS SHALL REQUIRE EACH
CONTRACTOR TO PROVIDE REASONABLE AND CUSTOMARY DAILY CLEANUP OF THE CONSTRUCTION
AREA TO THE EXTENT THAT SUCH CLEANUP IS NECESSITATED BY THE PERFORMANCE OF SUCH
CONTRACTOR'S ACTIVITIES IN CONNECTION WITH THE CONSTRUCTION OF THE TENANT
IMPROVEMENTS.
ANY TEMPORARY CONSTRUCTION SIGNAGE (INCLUDING, BUT NOT LIMITED
TO, DIRECTIONAL SIGNAGE AND/OR IDENTIFYING SIGNAGE) WHICH TENANT OR ANY OF ITS
CONTRACTORS OR SUBCONTRACTORS MAY WISH TO PLACE ANYWHERE IN OR ABOUT THE CENTER
SHALL BE SUBJECT TO ALL OF THE PROVISIONS OF SECTION 7.5 OF THE LEASE, INCLUDING
(BUT NOT LIMITED TO) PRIOR WRITTEN APPROVAL OF THE LOCATION, SIZE, DESIGN AND
COMPOSITION OF SUCH SIGNAGE BY LANDLORD, OR BY EITHER PROJECT MANAGER OR
LANDLORD'S PROPERTY MANAGER ON BEHALF OF LANDLORD, WHICH APPROVAL SHALL NOT BE
UNREASONABLY WITHHELD, DELAYED OR CONDITIONED.
(F)
RISK OF LOSS.
ALL MATERIALS, WORK,
INSTALLATIONS AND DECORATIONS OF ANY NATURE BROUGHT ONTO OR INSTALLED IN THE
BUILDING, BY OR AT THE DIRECTION OF TENANT OR IN CONNECTION WITH THE
CONSTRUCTION OF THE TENANT IMPROVEMENTS, PRIOR TO THE RENT COMMENCEMENT DATE
SHALL BE AT TENANT'S RISK, AND NEITHER LANDLORD NOR ANY PARTY ACTING ON
LANDLORD'S BEHALF SHALL BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR DESTRUCTION
THEREOF.
(G)
CONDITION OF TENANT'S WORK.
ALL WORK
PERFORMED BY TENANT SHALL BE PERFORMED IN A GOOD AND WORKMANLIKE MANNER, SHALL
BE FREE FROM DEFECTS IN DESIGN, MATERIALS AND WORKMANSHIP, AND SHALL BE
COMPLETED IN COMPLIANCE WITH THE APPROVED PLANS IN ALL MATERIAL RESPECTS AND IN
COMPLIANCE WITH ALL APPLICABLE GOVERNMENTAL LAWS, ORDINANCES, CODES AND
REGULATIONS IN FORCE AT THE TIME SUCH WORK IS COMPLETED.
WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, TENANT SHALL BE RESPONSIBLE (I) FOR OBTAINING ALL
PERMITS AND APPROVALS NECESSARY FOR THE CONSTRUCTION OF THE TENANT IMPROVEMENTS,
AND (II) FOR COMPLIANCE OF ALL TENANT IMPROVEMENTS WITH THE REQUIREMENTS OF THE
ADA AND ALL SIMILAR OR RELATED REQUIREMENTS UNDER FEDERAL, STATE OR LOCAL LAWS
PERTAINING TO ACCESS BY PERSONS WITH DISABILITIES.
(H)
AS-BUILT