PROCEEDS PAID TO LANDLORD AND
AVAILABLE FOR REPAIR OR RESTORATION; (B) TENANT SHALL NOT HAVE THE RIGHT TO
TERMINATE THIS LEASE PURSUANT TO THIS ARTICLE 10 IF THE CASUALTY WAS CAUSED BY
THE ACT OR NEGLECT OF TENANT OR ITS AGENTS, EMPLOYEES OR INVITEES; AND (C)
LANDLORD SHALL NOT BE LIABLE FOR ANY INCONVENIENCE TO TENANT, OR INJURY TO
TENANT'S BUSINESS RESULTING IN ANY WAY FROM THE CASUALTY OR THE REPAIR THEREOF.
SECTION 10.6.
THERE SHALL BE NO ABATEMENT OR REDUCTION OF FIXED NET RENT OR
ADDITIONAL RENT PAYABLE BY TENANT UNDER THIS LEASE NOR ANY DIMINUTION OF ANY OF
TENANT'S OBLIGATIONS UNDER THIS LEASE BY REASON OF ANY SUCH DAMAGE OR
DESTRUCTION, NOR SHALL TENANT BE ENTITLED TO SURRENDER POSSESSION OF THE LEASED
PREMISES BY REASON THEREOF UNLESS THIS LEASE IS TERMINATED PURSUANT TO
SECTION 10.1; AND TENANT HEREBY WAIVES ALL RIGHTS TO SUCH RELIEF NOW OR
HEREAFTER CONFERRED UPON IT BY ANY LAW NOW IN EXISTENCE OR HEREAFTER ENACTED.
FURTHER, THE PARTIES HEREBY WAIVE THE PROVISION OF CALIFORNIA CIVIL CODE SECTION
1932, SUBSECTION 2, AND SECTION 1933, SUBSECTION 4 (AND ANY SUCCESSOR STATUTES
THEREOF PERMITTING THE PARTIES TO TERMINATE THIS LEASE AS A RESULT OF ANY DAMAGE
OR DESTRUCTION).
ARTICLE 11
CHANGES AND ALTERATIONS
SECTION 11.1.
TENANT SHALL NOT MAKE ANY SINGLE CHANGE, ALTERATION OR
IMPROVEMENT ON THE LEASED PREMISES (A) INVOLVING AN AGGREGATE COST OF MORE THAN
$25,000 (AS ESTIMATED BY A REPUTABLE ARCHITECT SELECTED BY TENANT AT ITS
EXPENSE) OR (B) IF, REGARDLESS OF THE COST, SUCH CHANGE, ALTERATION OR
IMPROVEMENT WILL MATERIALLY LESSEN THE VALUE OF THE LEASED PREMISES OR WILL
OVERTAX OR AFFECT THE STRUCTURAL STRENGTH OF ANY BUILDING OR IMPROVEMENT ON THE
LAND OF AND INCLUDED IN THE LEASED PREMISES, WITHOUT FIRST OBTAINING THE CONSENT
OF LANDLORD (WHICH WILL NOT BE UNREASONABLY WITHHELD IN THE CASE OF SUCH
ALTERATION OR IMPROVEMENT TO WHICH CLAUSE (B) DOES NOT APPLY) THERETO IN EACH
CASE, AND THE CONSENT OF THE HOLDER OF ANY MORTGAGE, IF SUCH CONSENT IS REQUIRED
UNDER THE PARTICULAR MORTGAGE; AND TENANT SHALL NOT DEMOLISH ANY BUILDING OR
IMPROVEMENT ON THE LAND OF AND INCLUDED IN THE LEASED PREMISES WITHOUT SUCH
CONSENTS.
THE CONSENT OF LANDLORD AND SUCH HOLDER OF THE MORTGAGE, IF GIVEN,
SHALL BE FOR THAT INSTANCE ALONE, AND SUCH CONSENT SHALL BE REQUIRED FOR EACH
AND EVERY FURTHER CHANGE, ALTERATION, IMPROVEMENT OR DEMOLITION.
NOTWITHSTANDING THE ABOVE, LANDLORD'S CONSENT SHALL NOT BE REQUIRED FOR ANY
RECONFIGURATION OF TENANT'S TRADE FIXTURES BY TENANT THAT HAS NO EFFECT ON THE
STRUCTURE OF ANY BUILDING OR IMPROVEMENT OR ANY BUILDING SYSTEM, WALL OR
CEILING.
SECTION 11.2.
WHERE LANDLORD'S CONSENT HAS BEEN OBTAINED, NO CHANGE, ALTERATION
OR IMPROVEMENT SHALL BE MADE UNTIL:
(A)
DETAILED PLANS AND SPECIFICATIONS AND THE COST ESTIMATE THEREFOR
(PREPARED BY THE REPUTABLE ARCHITECT SELECTED BY TENANT) SHALL HAVE BEEN
DELIVERED TO AND REASONABLY APPROVED BY LANDLORD;
14
(B)
TENANT SHALL HAVE DELIVERED TO LANDLORD SECURITY, REASONABLY
SATISFACTORY TO LANDLORD, OR A SURETY BOND ISSUED BY A SURETY COMPANY OF
RECOGNIZED