ARCHITECT SHALL
UTILIZE THE 1996 BOMA STANDARD TO DETERMINE TENANT'S RENTABLE SQUARE FOOTAGE FOR
THE ADDITIONAL PREMISES, THEREAFTER TENANT'S FIXED RENT FOR THE ADDITIONAL
PREMISES AND TENANT'S ALLOCATED SHARE OF THE BUILDING SHALL BE ADJUSTED TO
ACCURATELY REFLECT THEIR RESPECTIVE VALUES BASED ON THE RENTABLE SQUARE FOOTAGE
SO DETERMINED.
B.
LANDLORD SHALL CONSTRUCT AND DO SUCH OTHER WORK IN THE ADDITIONAL
PREMISES (COLLECTIVELY, THE "LANDLORD'S WORK") IN SUBSTANTIAL CONFORMITY WITH
THE PLANS AND OUTLINE SPECIFICATIONS OF THE PLAN, SK/4-0L PREPARED BY SPACE
DESIGNS, INC. DATED JANUARY 19, 2006, WHICH HAVE BEEN INITIALED BY THE PARTIES,
AND WHICH ARC HEREIN INCORPORATED BY REFERENCE.
TENANT SHALL DELIVER FINAL
PLANS AND FINISH SPECIFICATIONS ON OR BEFORE THE DATE THAT IS THE EARLIER OF (I)
FIVE (5) DAYS AFTER THE DATE OF THIS AMENDMENT, OR (II) MARCH 15, 2006.
LANDLORD SHALL HAVE FIVE (5) BUSINESS DAYS IN WHICH TO REVIEW SUCH FINAL PLANS
AND FINISH SPECIFICATIONS AND TO NOTIFY TENANT OF LANDLORD'S APPROVAL OR
DISAPPROVAL, WHICH, IN EITHER EVENT, SHALL NOT BE UNREASONABLY WITHHELD,
CONDITIONED OR DELAYED.
LANDLORD SHALL ONLY BE RESPONSIBLE FOR PAYMENT OF A
MAXIMUM COST OF $106,905.35 (I.E., $36.35 PER RENTABLE SQUARE FOOT FOR THE
LANDLORD'S WORK) (THE "TENANT ALLOWANCE"), ALL SUCH COSTS IN EXCESS THEREOF TO
BE BORNE BY TENANT, AND SHALL BE PAID TO LANDLORD WITHIN THIRTY (30) DAYS OF
DELIVERY OF AN INVOICE AND REASONABLE DOCUMENTATION THERE FOR.
IF ANY MATERIAL
REVISION OR SUPPLEMENT TO LANDLORD'S WORK IS DEEMED NECESSARY BY LANDLORD, THOSE
REVISIONS AND SUPPLEMENTS SHALL BE SUBMITTED TO TENANT FOR APPROVAL, WHICH
APPROVAL SHALL NOT BE UNREASONABLY WITHHELD OR DELAYED (PROVIDED THAT SUCH
REVISIONS OR SUPPLEMENTS DO NOT MATERIALLY INCREASE TENANT'S COSTS HEREUNDER).
IF LANDLORD SHALL BE DELAYED IN SUCH "SUBSTANTIAL COMPLETION" AS A RESULT OF (I)
TENANT'S FAILURE TO FURNISH PLANS AND SPECIFICATIONS WITHIN THE TIME FRAME
STATED HEREIN ABOVE; (II) TENANT'S REQUEST FOR MATERIALS, FINISHES OR
INSTALLATIONS OTHER THAN LANDLORD'S STANDARD, (III) TENANT'S CHANGES IN SAID
PLANS; (IV) THE PERFORMANCE OR COMPLETION OF ANY WORK, LABOR OR SERVICES BY A
PARTY EMPLOYED BY TENANT; OR (V) TENANT'S FAILURE TO APPROVE FINAL PLANS, CHANGE
ORDERS, WORKING DRAWINGS OR REFLECTIVE CEILING PLANS WITHIN FIVE (5) BUSINESS
DAYS FOLLOWING LANDLORD'S WRITTEN REQUEST FOR THE SAME (EACH, A "TENANT'S
DELAY"); THEN THE ADDITIONAL PREMISES COMMENCEMENT DATE AND THE PAYMENT OF FIXED
RENT HEREUNDER SHALL BE ACCELERATED BY THE NUMBER OF DAYS OF SUCH DELAY.
IF ANY
CHANGE, REVISION OR SUPPLEMENT TO THE SCOPE OF THE LANDLORD'S WORK IS REQUESTED
BY TENANT AND SUCH CHANGE, REVISION OR SUPPLEMENT RESULTS IN AN INCREASE IN COST
TO LANDLORD, THEN LANDLORD WILL NOTIFY TENANT IN WRITING OF SUCH INCREASED COST
BEFORE PRECEDING WITH SUCH CHANGE, REVISION OR SUPPLEMENT.
IF AFTER SUCH
NOTIFICATION FROM LANDLORD, TENANT NOTIFIES LANDLORD TO PROCEED WITH SUCH
CHANGE, REVISION OR SUPPLEMENT, THEN SUCH INCREASED COSTS ASSOCIATED WITH SUCH
CHANGE, REVISION OR SUPPLEMENT SHALL BE PAID BY TENANT WITHIN FIVE (5) DAYS OF
NOTICE FORM TENANT TO PROCEED, AND SUCH OCCURRENCE SHALL NOT CHANGE THE
ADDITIONAL PREMISES COMMENCEMENT DATE