VISIBLE FROM
OUTSIDE THE PREMISES, AND (IV) DO NOT COST, IN THE AGGREGATE WHEN COMBINED WITH
IMPROVEMENTS MADE TO THE WILSON PREMISES, MORE THAN SEVENTY THOUSAND DOLLARS
($70,000.00) PER ALTERATION, NOR MORE THAN TWO HUNDRED FIFTY THOUSAND DOLLARS
($250,000) IN A TWELVE (12) MONTH PERIOD.
ANY ALTERATIONS MADE BY TENANT SHALL BE MADE:
(I) IN A GOOD, WORKMANLIKE,
FIRST-CLASS AND PROMPT MANNER AND OTHERWISE IN ACCORDANCE WITH THE RULES FOR
CONTRACTORS SET FORTH IN EXHIBIT B; (II) USING NEW MATERIALS ONLY; (III) BY A
CONTRACTOR (AND, IF REASONABLY REQUIRED BY LANDLORD, UNDER THE SUPERVISION OF AN
ARCHITECT) APPROVED IN WRITING BY LANDLORD (WHICH APPROVAL SHALL NOT BE
UNREASONABLY WITHHELD, CONDITIONED OR DELAYED), IT BEING AGREED THAT IF LANDLORD
DOES NOT RESPOND TO ANY SUCH REQUEST FOR APPROVAL WITHIN TEN (10) BUSINESS DAYS
AFTER LANDLORD'S RECEIPT OF TENANT'S WRITTEN REQUEST FOR APPROVAL THAT STATES IN
BOLD LETTERS ON THE FACE THEREOF THAT FAILURE TO RESPOND WITHIN TEN (10)
BUSINESS DAYS WILL RESULT IN LANDLORD'S DEEMED APPROVAL, THEN SUCH CONTRACTOR
(OR ARCHITECT) SHALL BE DEEMED APPROVED BY LANDLORD; (IV) IN ACCORDANCE WITH
PLANS AND SPECIFICATIONS PREPARED BY AN ENGINEER OR ARCHITECT REASONABLY
ACCEPTABLE TO LANDLORD, WHICH PLANS AND SPECIFICATIONS SHALL BE APPROVED IN
WRITING BY LANDLORD, WHICH APPROVAL SHALL NOT BE UNREASONABLY WITHHELD,
CONDITIONED OR DELAYED (TENANT HEREBY AGREEING TO PAY THE REASONABLE,
OUT-OF-POCKET COSTS AND EXPENSES INCURRED BY LANDLORD FOR THIRD-PARTY
CONSULTANTS NECESSARY FOR LANDLORD'S REVIEW OF THE SAME); (V) IN ACCORDANCE WITH
ALL LEGAL REQUIREMENTS AND THE REQUIREMENTS OF ANY INSURANCE COMPANY INSURING
THE BUILDING OR ANY PORTION THEREOF; AND (VI) AFTER OBTAINING PUBLIC LIABILITY
AND WORKER'S COMPENSATION INSURANCE POLICIES REASONABLY APPROVED IN WRITING BY
LANDLORD, WHICH POLICIES SHALL COVER EVERY PERSON WHO WILL PERFORM ANY WORK WITH
RESPECT TO SUCH ALTERATION.
PRIOR TO EACH PAYMENT TO ANY CONTRACTOR, SUBCONTRACTOR, LABORER, OR
MATERIAL SUPPLIER FOR ALL WORK, LABOR, AND SERVICES TO BE PERFORMED AND
MATERIALS TO BE FURNISHED IN CONNECTION WITH ALTERATIONS, TENANT
SHALL OBTAIN
AND DELIVER TO LANDLORD WRITTEN, UNCONDITIONAL WAIVERS OF MECHANICS' AND
MATERIALMEN'S LIENS AGAINST THE PREMISES AND THE BUILDING FROM ALL PROPOSED
CONTRACTORS, SUBCONTRACTORS, LABORERS AND MATERIAL SUPPLIERS FOR ALL WORK, LABOR
AND SERVICES PERFORMED AND MATERIALS FURNISHED IN CONNECTION WITH ALTERATIONS
THROUGH THE DATE OF THE THEN-CURRENT REQUISITION CONDITIONED ONLY ON PAYMENT OF
THE AMOUNT REQUISITIONED.
IF ANY LIEN (OR A PETITION TO ESTABLISH SUCH LIEN) IS
FILED IN CONNECTION WITH ANY ALTERATION, SUCH LIEN (OR PETITION) SHALL BE
DISCHARGED BY TENANT WITHIN TEN (10) BUSINESS DAYS THEREAFTER, AT TENANT'S SOLE
COST AND EXPENSE, BY THE PAYMENT THEREOF OR BY THE FILING OF A BOND ACCEPTABLE
TO LANDLORD.
IF LANDLORD GIVES ITS CONSENT TO THE MAKING OF ANY ALTERATION,
SUCH CONSENT SHALL NOT BE DEEMED TO BE AN AGREEMENT OR CONSENT BY LANDLORD TO
SUBJECT ITS INTEREST IN THE PREMISES OR THE BUILDING TO ANY LIENS WHICH MAY BE
FILED IN CONNECTION THEREWITH.
ALL ALTERATIONS INVOLVING STRUCTURAL, ELECTRICAL, MECHANICAL OR PLUMBING
WORK, THE HEATING, VENTILATION AND AIR CONDITIONING SYSTEM OF THE PREMISES OR
THE BUILDING,