THE
PREMISES, LANDLORD SHALL HAVE THE RIGHT TO OVERSEE THE PERFORMANCE THEREOF AND
SHALL HAVE THE RIGHT TO APPROVE (WHICH APPROVAL SHALL NOT BE UNREASONABLY
WITHHELD, CONDITIONED OR DELAYED) ALL MATERIAL DECISIONS WITH RESPECT TO THE
DESIGN AND PERFORMANCE THEREOF.
5
7.
Alterations.
(A)
TENANT SHALL BE PERMITTED TO MAKE, WITHOUT LANDLORD'S CONSENT,
ALTERATIONS TO THE PREMISES THAT DO NOT CONSTITUTE A MATERIAL ALTERATION.
FOR
PURPOSES HEREOF, A "MATERIAL ALTERATION" SHALL MEAN ANY ALTERATION THAT: (I)
CHANGES THE GROSS SQUARE FEET OF THE PREMISES; (II) AFFECTS THE PORTIONS OF THE
PREMISES THAT HAVE BEEN LANDMARKED BY THE LANDMARKS PRESERVATION COMMISSION OF
THE CITY OF NEW YORK; (III) IS NOT LIMITED TO THE INTERIOR OF THE PREMISES OR
WHICH AFFECTS THE EXTERIOR OF THE PREMISES (EXCEPT THAT TENANT SHALL BE
PERMITTED TO HAVE PROTRUSIONS THROUGH THE WINDOWS OR OTHER EXISTING OPENINGS OF
THE PREMISES), (IV) IS STRUCTURAL, (V) MATERIALLY AND ADVERSELY AFFECTS THE
PREMISES' BUILDING SYSTEMS (OTHER THAN USING SAME IN ACCORDANCE WITH TENANT'S
CURRENT PRACTICES) OR (VI) REQUIRES A CHANGE TO THE PREMISES' CERTIFICATE OF
OCCUPANCY.
TENANT SHALL NOT MAKE ANY MATERIAL ALTERATION WITHOUT LANDLORD'S
PRIOR WRITTEN CONSENT (WHICH CONSENT SHALL NOT BE UNREASONABLY WITHHELD,
CONDITIONED OR DELAYED IN THE CASE OF AN ALTERATION THAT CONSTITUTES A MATERIAL
ALTERATION SOLELY BY REASON OF CLAUSE (III) OR CLAUSE (IV) OR CLAUSE (VI) OF THE
FOREGOING DEFINITION THEREOF).
(B)
ALL ALTERATIONS MADE OR INSTALLED BY OR ON BEHALF OF TENANT, SHALL
IMMEDIATELY UPON COMPLETION OR INSTALLATION THEREOF BE AND BECOME THE PROPERTY
OF LANDLORD AND SHALL REMAIN UPON THE PREMISES AT THE EXPIRATION DATE OR SOONER
TERMINATION OF THIS LEASE.
TENANT SHALL, AT TENANT'S EXPENSE, (I) CAUSE ALL
PLANS AND SPECIFICATIONS FOR ALTERATIONS TO BE FILED WITH THE GOVERNMENTAL
AGENCIES HAVING JURISDICTION THEREOVER, AND (II) OBTAIN WHEN NECESSARY ALL
GOVERNMENTAL PERMITS, LICENSES AND AUTHORIZATIONS REQUIRED FOR THE WORK TO BE
DONE IN CONNECTION THEREWITH.
LANDLORD SHALL EXECUTE SUCH DOCUMENTS AS MAY BE
REASONABLY REQUIRED IN CONNECTION WITH THE FOREGOING AND LANDLORD SHALL
OTHERWISE COOPERATE WITH TENANT IN CONNECTION WITH OBTAINING THE FOREGOING, BUT
WITHOUT ANY EXPENSE TO LANDLORD.
IN NO EVENT SHALL TENANT BE REQUIRED TO REMOVE
OR RESTORE ANY ALTERATIONS AT THE END OF THE TERM.
8.
Utilities.
Tenant shall provide at its own expense, fuel, heat, water, electricity, steam
and all other utilities required in connection with Tenant's use of the Premises
and pay for the cost of such utilities directly to the utility providers.
9.
Compliance with Laws.
(A)
TENANT SHALL GIVE PROMPT NOTICE TO LANDLORD OF ANY NOTICE IT RECEIVES OF
THE VIOLATION OF ANY LAW OR REQUIREMENT OF ANY PUBLIC AUTHORITY WITH RESPECT TO
THE PREMISES OR THE USE OR OCCUPATION THEREOF.
TENANT SHALL, AT TENANT'S
EXPENSE, COMPLY WITH ALL PRESENT AND FUTURE LAWS AND REQUIREMENTS OF ANY PUBLIC
AUTHORITIES IN RESPECT OF THE PREMISES OR THE USE AND OCCUPATION THEREOF, OR THE
ABATEMENT OF ANY NUISANCE IN, ON OR ABOUT THE PREMISES.
NO ABATEMENT,
DIMINUTION OR REDUCTION IN BASE RENT, ADDITIONAL RENT OR ANY OTHER