use commercially reasonable efforts
to not materially interfere with Tenant's use of, or access to, the Premises.
Tenant hereby waives any and all rights under and benefits of subsection 1 of
Section 1932 and Sections 1941 and 1942 of the California Civil Code or under
any similar law, statute, or ordinance now or hereafter in effect.
ARTICLE 8
ADDITIONS AND ALTERATIONS
8.1
LANDLORD'S CONSENT TO ALTERATIONS.
TENANT MAY NOT MAKE ANY
IMPROVEMENTS, ALTERATIONS, ADDITIONS OR CHANGES TO THE PREMISES OR ANY
MECHANICAL, PLUMBING OR HVAC FACILITIES OR SYSTEMS PERTAINING TO THE PREMISES
(COLLECTIVELY, THE "ALTERATIONS") WITHOUT FIRST PROCURING THE PRIOR WRITTEN
CONSENT OF LANDLORD TO SUCH ALTERATIONS, WHICH CONSENT SHALL BE REQUESTED BY
TENANT NOT LESS THAN TEN (10) BUSINESS DAYS PRIOR TO THE COMMENCEMENT THEREOF,
AND WHICH CONSENT SHALL NOT BE UNREASONABLY WITHHELD BY LANDLORD, PROVIDED IT
SHALL BE DEEMED REASONABLE FOR LANDLORD TO WITHHOLD ITS CONSENT TO ANY
ALTERATION WHICH ADVERSELY AFFECTS THE STRUCTURAL PORTIONS OR THE SYSTEMS OR
EQUIPMENT OF THE BUILDING OR IS VISIBLE FROM THE EXTERIOR OF THE BUILDING..
THE CONSTRUCTION OF THE INITIAL IMPROVEMENTS TO THE PREMISES SHALL BE GOVERNED
BY THE TERMS OF THE WORK LETTER AGREEMENT AND NOT THE TERMS OF THIS ARTICLE 8.
8.2
MANNER OF CONSTRUCTION.
LANDLORD MAY IMPOSE, AS A CONDITION OF
ITS CONSENT TO ANY AND ALL ALTERATIONS OR REPAIRS OF THE PREMISES OR ABOUT THE
PREMISES, SUCH REQUIREMENTS AS LANDLORD IN ITS REASONABLE DISCRETION MAY DEEM
DESIRABLE, INCLUDING, BUT NOT LIMITED TO, THE REQUIREMENT THAT TENANT UTILIZE
FOR SUCH PURPOSES ONLY CONTRACTORS REASONABLY APPROVED BY LANDLORD, AND THE
REQUIREMENT THAT UPON LANDLORD'S TIMELY REQUEST (AS MORE PARTICULARLY SET FORTH
IN SECTION 8.5, BELOW), TENANT SHALL, AT TENANT'S EXPENSE, REMOVE SUCH
ALTERATIONS UPON THE EXPIRATION OR ANY EARLY TERMINATION OF THE LEASE TERM AND
RETURN THE AFFECTED PORTION OF THE PREMISES TO A BUILDING STANDARD IMPROVED
CONDITION AS DETERMINED BY LANDLORD.
TENANT SHALL CONSTRUCT SUCH ALTERATIONS
AND PERFORM SUCH REPAIRS IN A GOOD AND WORKMANLIKE MANNER, IN CONFORMANCE WITH
ANY AND ALL APPLICABLE FEDERAL, STATE, COUNTY OR MUNICIPAL LAWS, RULES AND
REGULATIONS AND PURSUANT TO A VALID BUILDING PERMIT, ISSUED BY THE CITY OF SAN
DIEGO, ALL IN CONFORMANCE WITH LANDLORD'S CONSTRUCTION RULES AND REGULATIONS;
PROVIDED, HOWEVER, THAT PRIOR TO COMMENCING TO CONSTRUCT ANY ALTERATION, TENANT
SHALL MEET WITH LANDLORD TO DISCUSS LANDLORD'S DESIGN PARAMETERS AND CODE
COMPLIANCE ISSUES.
IN THE EVENT TENANT PERFORMS ANY ALTERATIONS IN THE PREMISES
WHICH REQUIRE OR GIVE RISE TO GOVERNMENTALLY REQUIRED CHANGES TO THE "BASE
BUILDING," AS THAT TERM IS DEFINED BELOW, THEN LANDLORD SHALL, AT TENANT'S
EXPENSE, MAKE SUCH CHANGES TO THE BASE BUILDING.
THE "BASE BUILDING" SHALL
INCLUDE THE STRUCTURAL PORTIONS OF THE BUILDING, AND THE PUBLIC RESTROOMS,
ELEVATORS, FIRE STAIRWELLS AND THE SYSTEMS AND EQUIPMENT LOCATED IN THE INTERNAL
CORE OF THE BUILDING ON THE FLOOR OR FLOORS ON WHICH THE PREMISES ARE LOCATED.
IN PERFORMING THE WORK OF ANY SUCH ALTERATIONS, TENANT SHALL HAVE THE WORK
PERFORMED IN SUCH MANNER SO AS NOT TO OBSTRUCT ACCESS TO THE