DESIRE TO REPLACE RENZO PIANO BUILDING
WORKSHOP OR ANY REPLACEMENT DESIGN ARCHITECT PREVIOUSLY APPROVED BY LANDLORD AS
THE DESIGN ARCHITECT, THEN SUCH REPLACEMENT DESIGN ARCHITECT PROPOSED BY TENANT
SHALL BE APPROVED BY LANDLORD (SUCH APPROVED REPLACEMENT DESIGN ARCHITECT, THE
"REPLACEMENT DESIGN ARCHITECT") SO LONG AS THE PROPOSED REPLACEMENT DESIGN
ARCHITECT, IN LANDLORD'S REASONABLE JUDGMENT, MEETS ALL OF THE FOLLOWING
CRITERIA (THE "REPLACEMENT DESIGN ARCHITECT APPROVAL CRITERIA"):
(A)
THE
PROPOSED
84
REPLACEMENT DESIGN ARCHITECT IS KNOWN FOR ARTISTICALLY COMBINING ARCHITECTURE
AND ENGINEERING IN INVENTIVE AND UNIQUE WAYS; (B)
THE PROPOSED REPLACEMENT
DESIGN ARCHITECT IS CAPABLE OF CREATING ARCHITECTURE THAT SENSITIVELY AND
IMAGINATIVELY ADDRESSES THE NEEDS OF USERS OF THE IMPROVEMENT AS WELL AS USERS
OF ADJACENT CITY SIDEWALKS; (C)
THE PROPOSED REPLACEMENT DESIGN ARCHITECT IS
KNOWN FOR SENSITIVE AND IMAGINATIVE USE OF MATERIALS TO RESOLVE PROBLEMS IN NEW
WAYS; (D)
THE PROPOSED REPLACEMENT DESIGN ARCHITECT IS KNOWN FOR AN
INFLUENTIAL, DIVERSE BODY OF WORK, ALL OF WHICH IS, AS A WHOLE, INTERNATIONALLY
RECOGNIZED FOR HIGH STANDARDS OF EXCELLENCE IN ARCHITECTURE; (E)
THE PROPOSED
REPLACEMENT DESIGN ARCHITECT IS THE RECIPIENT OF INTERNATIONAL AWARDS AND
PRIZES; (F)
THE PROPOSED REPLACEMENT DESIGN ARCHITECT HAS EXPERIENCE IN
CREATING ARCHITECTURE THAT IS RESPONSIVE TO COMPLEX URBAN SITES; AND (G)
THE
PROPOSED REPLACEMENT DESIGN ARCHITECT WILL BE INVOLVED IN ALL PHASES OF THE
DESIGN, INCLUDING AN ACTIVE ROLE WHILE THE ALTERATION IN QUESTION IS UNDER
CONSTRUCTION.
IN THE EVENT THAT TENANT PROPOSES TO REPLACE THE DESIGN ARCHITECT
WITH AN ARCHITECT THAT, IN LANDLORD'S REASONABLE JUDGMENT, DOES NOT MEET THE
REPLACEMENT DESIGN ARCHITECT APPROVAL CRITERIA, THEN LANDLORD MAY APPROVE OR
DISAPPROVE THE PROPOSED DESIGN ARCHITECT IN LANDLORD'S SOLE DISCRETION.
ANY
PROPOSED REPLACEMENT DESIGN ARCHITECT SHALL, IN ANY EVENT, HAVE SUBSTANTIAL
EXPERIENCE IN CONSTRUCTION PROJECTS THAT ARE COMPARABLE IN SCOPE AND VISIBILITY
TO THE IMPROVEMENTS AND SHALL NOT BE A PROHIBITED PERSON.
IF LANDLORD FAILS TO
APPROVE OR REJECT ANY ARCHITECT NOMINATED BY TENANT TO BE A DESIGN ARCHITECT
WITHIN SIXTEEN (16) BUSINESS DAYS AFTER THE WRITTEN SUBMISSION TO LANDLORD OF
SUCH ARCHITECT'S NAME AND OTHER INFORMATION (INCLUDING ADEQUATE PORTFOLIO
INFORMATION) SUFFICIENTLY DETAILED TO PERMIT LANDLORD TO MAKE A REASONED
JUDGMENT OF THE APPROPRIATENESS OF THE PROPOSED ARCHITECT FOR THE 42ND STREET
PROJECT, OR LANDLORD FAILS TO MAKE REASONABLE REQUESTS FOR ADDITIONAL
INFORMATION RELATED THERETO WITHIN SUCH TIME PERIOD AND THEREAFTER TO APPROVE OR
REJECT SUCH ARCHITECT WITHIN ELEVEN (11) BUSINESS DAYS AFTER WRITTEN SUBMISSION
OF SUCH ADDITIONAL INFORMATION AS LANDLORD SHALL HAVE REASONABLY REQUESTED,
TENANT SHALL HAVE THE RIGHT TO GIVE LANDLORD A REMINDER NOTICE, WHICH REMINDER
NOTICE SHALL CONTAIN THE FOLLOWING CAPTION IN BOLD AND CAPITALIZED TYPE:
YOUR APPROVAL OF
AS THE DESIGN ARCHITECT SHALL BE
DEEMED GIVEN IF YOU FAIL TO APPROVE OR REJECT SUCH PERSON WITHIN FIVE
(5) BUSINESS DAYS FROM THE DATE OF YOUR RECEIPT OF THIS NOTICE.
If Landlord fails to approve or reject the proposed architect within five
(5) Business Days after its receipt of such reminder notice, such architect
shall be deemed approved by Landlord.
Any rejection of an architect