MONTHLY, AND PAID BY TENANT AS
"TENANT IMPROVEMENT RENT" PURSUANT TO SECTION 5.6 HEREOF OR (II) PAID BY TENANT
TO LANDLORD ON THE COMMENCEMENT DATE.
TENANT SHALL ADVISE LANDLORD OF ITS
ELECTION WITHIN THIRTY (30) DAYS FOLLOWING THE EXECUTION OF THIS LEASE.
ANY
COST OF THE TENANT IMPROVEMENTS REQUESTED BY TENANT IN WRITING IN EXCESS OF
FORTY-FIVE DOLLARS ($45.00) PER GROSS MEASURED SQUARE FOOT SHALL BE PAID BY
TENANT TO LANDLORD ON THE COMMENCEMENT DATE.
(F)
PROVIDED THAT TENANT AND ITS AGENTS DO
NOT UNREASONABLY AND UNNECESSARILY INTERFERE WITH LANDLORD'S WORK IN THE
PREMISES OR AFFECT LANDLORD'S ABILITY TO BRING THE TENANT IMPROVEMENTS TO
SUBSTANTIAL COMPLETION ON OR BEFORE THE COMMENCEMENT DATE, LANDLORD AGREES TO
ALLOW TENANT REASONABLE ACCESS TO THE PREMISES PRIOR TO THE SUBSTANTIAL
COMPLETION OF THE TENANT IMPROVEMENTS FOR THE PURPOSE OF TENANT INSTALLING ITS
OWN FIXTURES, FURNISHINGS AND EQUIPMENT (INCLUDING TENANT'S DATA AND TELEPHONE
EQUIPMENT) IN THE PREMISES AND TO INSPECT THE PREMISES. PRIOR TO TENANT'S ENTRY
INTO THE PREMISES AS PERMITTED BY THE TERMS OF THIS SECTION 4.4, TENANT SHALL
SUBMIT A SCHEDULE TO LANDLORD, FOR ITS
APPROVAL, WHICH APPROVAL SHALL NOT BE
UNREASONABLY WITHHELD, CONDITIONED OR DELAYED, WHICH SCHEDULE SHALL DETAIL THE
TIMING AND PURPOSE OF TENANT'S ENTRY. TENANT SHALL HOLD LANDLORD HARMLESS FROM
AND INDEMNIFY, PROTECT AND DEFEND LANDLORD AGAINST ANY LOSS OR DAMAGE TO THE
PREMISES AND AGAINST INJURY TO ANY PERSONS CAUSED BY TENANT'S ACTIONS PURSUANT
TO THIS SECTION 4.4(F).
TENANT'S ENTRY SHALL BE SUBJECT TO SUCH REASONABLE
RULES AND REGULATIONS AS LANDLORD OR ITS CONTRACTOR MAY ESTABLISH PRIOR TO SUCH
ENTRY.
(G)
THE AMOUNT TO BE APPLIED AGAINST THE
ALLOWANCES FOR TENANT IMPROVEMENTS SET FORTH IN SECTION 4.4(A) AND 4.4(E)
HEREOF, OR TO BE PAID BY TENANT UNDER CLAUSE (II) OF SECTION 4.4(E) HEREOF,
SHALL NOT EXCEED LANDLORD'S OUT OF POCKET COSTS IN CONNECTION WITH THE DESIGN
AND CONSTRUCTION OF THE TENANT IMPROVEMENTS.
10
4.5
Construction Schedule.
Attached hereto as
Exhibit "C" is an estimated Construction Schedule for the construction of the
Building, Improvements and Tenant Improvements.
Landlord represents that it has
no reason to believe that the Construction Schedule cannot be followed such that
the Building, the other Improvements and the Tenant Improvements will be
completed by the completion date shown in the Construction Schedule, subject to
delays as described in Section 4.3 or Section 4.6 hereof.
Landlord shall
provide monthly updates of the Construction Schedule to Tenant, which updates
shall be produced on a critical path method basis using Primavera software,
shall include at least five hundred (500) tasks and shall be delivered to Tenant
both in hard copy and digital form.
Landlord shall use commercially reasonable
efforts to meet the Construction Schedule (including achieving substantial
completion of the Building, other Improvements and Tenant Improvements by the
date shown therefor in the Construction Schedule).
Notwithstanding the above,
so long as Landlord uses commercially reasonable efforts to meet the
Construction Schedule, Landlord shall have no liability to Tenant for a failure
to meet the Construction Schedule, including meeting