PURSUANT TO SUBLANDLORD'S
AND/OR MASTER LANDLORD'S COMMENTS AND DELIVER TO SUBLANDLORD AND MASTER
LANDLORD, WITHIN FIVE (5) BUSINESS DAYS AFTER RECEIPT BY SUBTENANT OF SUCH
COMMENTS, REVISED PRELIMINARY WORKING PLANS NOTING THE CHANGES.
THE COST OF
SUCH PRELIMINARY WORKING PLANS, AND REQUIRED REVISIONS, SHALL BE PAID BY
SUBTENANT, SUBJECT TO REIMBURSEMENT BY SUBLANDLORD AS PART OF SUBLANDLORD'S
CONTRIBUTION (AS DEFINED BELOW).
SUCH WORKING DRAWINGS WHEN APPROVED BY
SUBLANDLORD AND MASTER LANDLORD (AS APPLICABLE) ARE REFERRED TO HEREIN AS THE
"WORKING PLANS".
(B) COOPERATION.
SUBTENANT AND SUBLANDLORD SHALL COOPERATE WITH THE OTHER'S
ARCHITECT, ENGINEER OR SPACE PLANNER AS PROMPTLY AS POSSIBLE AND IN ANY EVENT IN
SUFFICIENT TIME TO CAUSE THE WORKING PLANS TO BE PREPARED AND TIMELY DELIVERED
AS HEREINABOVE REQUIRED.
(C) NO REPRESENTATIONS.
NEITHER REVIEW NOR APPROVAL BY SUBLANDLORD OF ANY OF
THE WORKING PLANS SHALL CONSTITUTE A REPRESENTATION OR WARRANTY BY SUBLANDLORD
THAT SUCH WORKING PLANS EITHER (I) ARE COMPLETE OR SUITABLE FOR THEIR INTENDED
PURPOSE OR (II) COMPLY WITH APPLICABLE LAWS, ORDINANCES, CODES AND REGULATIONS,
IT BEING EXPRESSLY AGREED BY SUBTENANT THAT SUBLANDLORD ASSUMES NO
RESPONSIBILITY OR LIABILITY WHATSOEVER TO SUBTENANT OR TO ANY OTHER PERSON OR
ENTITY FOR SUCH COMPLETENESS, SUITABILITY OR COMPLIANCE.
2.
CONSTRUCTION OF SUBTENANT IMPROVEMENTS.
(A) CONSTRUCTION BUDGET.
PROMPTLY AFTER SUBLANDLORD AND MASTER LANDLORD HAVE
APPROVED THE WORKING PLANS, SUBLANDLORD SHALL OBTAIN A PROPOSED CONSTRUCTION
BUDGET ESTIMATE FOR THE SUBTENANT IMPROVEMENTS FROM WILLIAM A. BERRY & SON,
INC., TO PERFORM SUBTENANT IMPROVEMENTS ("SUBLANDLORD'S CONTRACTOR") AND SHALL
PROVIDE THE PROPOSED BUDGET ESTIMATE TO SUBTENANT.
SUBTENANT SHALL HAVE FIVE
(5) DAYS TO REVIEW AND PROVIDE COMMENTS ON SUCH PROPOSED BUDGET ESTIMATE
INCLUDING ANY REDUCTIONS IN THE SCOPE OF WORK THAT SUBTENANT DESIRES TO REDUCE
THE PROPOSED BUDGET ESTIMATE.
(B) CONSTRUCTION BY SUBLANDLORD.
AFTER SUBTENANT REVIEW AND COMMENT ON THE
PROPOSED BUDGET ESTIMATE, SUBLANDLORD SHALL HAVE SUBLANDLORD'S CONTRACTOR
FINALIZE THE BUDGET AND SUBLANDLORD SHALL THEN OBTAIN A BID FROM SUBLANDLORD'S
CONTRACTOR.
SUBLANDLORD'S CONTRACTOR SHALL OBTAIN AT LEAST THREE (3) BIDS FOR
EACH TRADE COMPRISING THE SUBTENANT IMPROVEMENTS.
SUBTENANT MAY PROVIDE
SUBLANDLORD WITH THE NAME OF ONE QUALIFIED SUBCONTRACTOR FROM EACH TRADE TO
INVITE TO BID.
SUBLANDLORD SHALL REVIEW ALL BIDS WITH SUBTENANT WITH RESPECT TO
THE COSTS OF EACH TRADE AND SUBLANDLORD'S CONTRIBUTION (AS DEFINED BELOW), BUT
SUBLANDLORD SHALL HAVE THE FINAL AUTHORITY TO ACCEPT OR REJECT ANY SUBCONTRACTOR
BID; PROVIDED, THAT IF SUBLANDLORD DOES NOT SELECT THE LOWEST BIDDER SUBLANDLORD
WILL BEAR THE INCREMENTAL COSTS OF THE HIGHER BIDDER IF AND TO THE EXTENT
SELECTION OF SUCH BIDDER CAUSES THE SUBLANDLORD'S CONTRIBUTION TO BE EXCEEDED.
SUBLANDLORD SHALL ALSO PROMPTLY APPLY FOR ALL PERMITS NECESSARY TO UNDERTAKE
SUBTENANT IMPROVEMENTS.
PROMPTLY THEREAFTER, AND UPON SUBTENANT AND SUBLANDLORD
REACHING AGREEMENT AS TO THE TOTAL SUBTENANT IMPROVEMENTS COSTS AS PROVIDED IN
PARAGRAPH 3(B) BELOW, SUBLANDLORD SHALL CAUSE SUBLANDLORD'S CONTRACTOR TO
PERFORM THE SUBTENANT IMPROVEMENTS IN A GOOD AND WORKMANLIKE MANNER.
SUBTENANT
MAY ENGAGE, AT ITS SOLE COST AND EXPENSE, A REPRESENTATIVE THAT MAY PARTICIPATE
IN WEEKLY MEETINGS WITH SUBLANDLORD AND SUBLANDLORD'S CONTRACTOR.
(C) ADDITIONAL WORK.
EXCEPT TO THE