TO
COOPERATE REASONABLY WITH LANDLORD, WITHIN A REASONABLE TIME AFTER RECEIVING
FROM LANDLORD A WRITTEN REQUEST FOR SUCH INFORMATION OR COOPERATION (NOT TO
EXCEED TEN (10) BUSINESS DAYS), UNLESS THE APPLICABLE PROVISION DEEMS THE SAME
TO BE APPROVED; AND (III) ANY INTERFERENCE BY TENANT WITH THE PERFORMANCE OF THE
LANDLORD WORK (EACH A "TENANT DELAY"), FOR PURPOSES OF DETERMINING THE
APPLICABLE DELIVERY DATE, THE LANDLORD WORK SHALL BE DEEMED TO BE SUBSTANTIALLY
COMPLETE ON THE DATE THAT LANDLORD COULD REASONABLY HAVE BEEN EXPECTED TO
SUBSTANTIALLY COMPLETE THE LANDLORD WORK ABSENT ANY TENANT DELAY (PROVIDED,
HOWEVER, THAT LANDLORD SHALL RETAIN THE OBLIGATION TO SUBSTANTIALLY COMPLETE THE
LANDLORD WORK EVEN IF LANDLORD WORK HAS BEEN DEEMED SUBSTANTIALLY COMPLETE
8
AS PROVIDED ABOVE).
NOTWITHSTANDING THE FOREGOING, NO TENANT DELAY SHALL BE
DEEMED TO HAVE OCCURRED UNTIL LANDLORD HAS GIVEN TENANT NOTICE OF THE CLAIMED
TENANT DELAY AND TENANT SHALL HAVE FAILED TO CURE THE CONDITION GIVING RISE TO
SUCH TENANT DELAY WITHIN TWO (2) BUSINESS DAYS AFTER RECEIPT OF SAID NOTICE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 1.09 ABOVE, LANDLORD'S
FAILURE TO SUBSTANTIALLY COMPLETE THE LANDLORD WORK AND DELIVER ANY PORTION OF
THE PREMISES IN THE CONDITION REQUIRED HEREUNDER BY THE APPLICABLE PROJECTED
DELIVERY DATE (DESCRIBED IN SECTION 3.01) SHALL NOT BE A DEFAULT BY LANDLORD OR
OTHERWISE RENDER LANDLORD LIABLE FOR DAMAGES EXCEPT AS PROVIDED IN SECTION 3.04
BELOW.
IN ADDITION, LANDLORD SHALL ALSO BE LIABLE UNDER SAID SECTION 3.04, AND
ONLY UNDER SAID SECTION 3.04, IF TENANT IS UNABLE TO OBTAIN A CERTIFICATE OF
OCCUPANCY DUE TO THE FAILURE OF THE EXISTING BATHROOMS IN THE INITIAL PREMISES
AND THE ADDITIONAL PREMISES AS SHOWN ON EXHIBIT A-1, EXHIBIT A-2, EXHIBIT A-4
AND EXHIBIT A-5 (THE "EXISTING BATHROOMS") TO COMPLY WITH LAW (EVEN IF THE
FAILURE IS TRIGGERED BY THE INITIAL ALTERATIONS).
NOTWITHSTANDING THE
FOREGOING, IF ANY ELEMENT OF THE INITIAL ALTERATIONS IS IN VIOLATION OF LAW,
TENANT, AND NOT LANDLORD, SHALL BE RESPONSIBLE TO CURE SUCH VIOLATION.
THE DAYS
BY WHICH TENANT'S RECEIPT OF A CERTIFICATE OF OCCUPANCY IS DELAYED AS A RESULT
OF SUCH NON-COMPLIANCE ARE HEREINAFTER REFERRED TO AS AN "EXISTING BATHROOM
LANDLORD DELAY".
PROMPTLY AFTER THE DETERMINATION OF THE COMMENCEMENT DATE,
LANDLORD AND TENANT SHALL EXECUTE AND DELIVER A COMMENCEMENT LETTER IN THE FORM
ATTACHED AS EXHIBIT D (THE "COMMENCEMENT LETTER").
TENANT'S FAILURE TO EXECUTE
AND RETURN THE COMMENCEMENT LETTER, OR TO PROVIDE WRITTEN OBJECTION TO THE
STATEMENTS CONTAINED IN THE COMMENCEMENT LETTER, WITHIN THIRTY (30) DAYS AFTER
THE DATE OF THE COMMENCEMENT LETTER SHALL BE DEEMED AN APPROVAL BY TENANT OF THE
STATEMENTS CONTAINED THEREIN.
3.03
SUBJECT TO LANDLORD'S OBLIGATION, IF ANY, TO
PERFORM LANDLORD WORK AND OTHER OBLIGATIONS OF LANDLORD EXPRESSLY PROVIDED
HEREIN, THE PREMISES ARE ACCEPTED BY TENANT IN "AS IS" CONDITION AND
CONFIGURATION WITHOUT ANY REPRESENTATIONS OR WARRANTIES BY LANDLORD.
EXCEPT FOR
A ONE (1) YEAR WARRANTY ON ANY LANDLORD WORK, BY TAKING POSSESSION OF THE
PREMISES, TENANT AGREES THAT THE PREMISES ARE IN GOOD ORDER AND SATISFACTORY
CONDITION.
EXCEPT AS OTHERWISE PROVIDED