by Landlord.
Any rejection of a Major
Contractor by Landlord shall be accompanied by specific reasons set forth in
reasonable detail.
Landlord approves, as of December 12, 2001, the Major
Contractors listed on Exhibit I attached hereto.
SECTION 9.7
ALTERATIONS CERTIFICATION.
IF
LEGAL REQUIREMENTS REQUIRE THAT PLANS BE SUBMITTED TO THE NEW YORK CITY
DEPARTMENT OF BUILDINGS IN RESPECT OF A GIVEN ALTERATION, TENANT SHALL DELIVER
TO LANDLORD AT LEAST SEVEN (7) BUSINESS DAYS PRIOR TO THE COMMENCEMENT OF WORK
IN RESPECT THEREOF A CERTIFICATION (THE "ALTERATIONS CERTIFICATION") SIGNED BY A
QUALIFIED CERTIFYING PARTY OF TENANT (A) DESCRIBING THE APPLICABLE ALTERATION,
(B) SETTING FORTH THE REASONABLY ESTIMATED COST THEREOF AND (C) STATING WHETHER
SUCH ALTERATION WILL OR WILL NOT AFFECT ANY STRUCTURAL COMPONENT (OR IF SUCH
ALTERATION WILL AFFECT A STRUCTURAL COMPONENT, STATING WHETHER OR NOT SUCH
ALTERATION WILL HAVE ONLY A NONADVERSE STRUCTURAL EFFECT) AND WILL OR WILL NOT
AFFECT ANY ELEMENT OF THE DUO.
A COPY OF THE ALTERATION PLANS AND
SPECIFICATIONS, IF ANY, PREPARED FOR ANY SUCH ALTERATION SHALL BE SUBMITTED WITH
THE ALTERATIONS
87
CERTIFICATION, AND THE ARCHITECT OR ENGINEER WHO PREPARED SUCH PLANS AND
SPECIFICATIONS SHALL ALSO SIGN THE ALTERATIONS CERTIFICATION.
IF THE STATEMENT
SET FORTH IN THE ALTERATIONS CERTIFICATION INDICATES THAT THE ALTERATION IN
QUESTION WILL AFFECT ANY STRUCTURAL COMPONENT (OTHER THAN BY HAVING A NONADVERSE
STRUCTURAL EFFECT) OR ANY ELEMENT OF THE DUO OR IS OTHERWISE UNTRUE, OR IF
TENANT FAILS TO SUBMIT AN ALTERATIONS CERTIFICATE, THE APPLICABLE ALTERATION
SHALL BE SUBJECT TO THE REQUIREMENTS OF SECTION 9.5(A) HEREOF AND THE
COMMENCEMENT OF THE ALTERATION WITHOUT COMPLIANCE WITH THE REQUIREMENTS OF
SECTION 9.5(A) HEREOF SHALL CONSTITUTE A DEFAULT HEREUNDER.
SECTION 9.8
REIMBURSEMENT OF EXPENSES OF
REVIEW.
TENANT SHALL REIMBURSE LANDLORD FOR THE COMMERCIALLY REASONABLE, ACTUAL
OUT-OF-POCKET FEES AND EXPENSES OF ANY ARCHITECT OR ENGINEER SELECTED BY
LANDLORD TO REVIEW (I) ANY PLANS AND SPECIFICATIONS FOR ANY ALTERATION SUBJECT
TO SECTION 9.5(A) HEREOF OR (II) THE CORRECTNESS OF THE ALTERATIONS
CERTIFICATION ASSOCIATED THEREWITH IS BEING CONTESTED BY LANDLORD; PROVIDED,
HOWEVER, THAT (A) SUCH FEES AND EXPENSES SHALL BE LIMITED TO THOSE INCURRED IN
REVIEWING THE PORTION OF SUCH PLANS AND SPECIFICATIONS GOVERNED BY ANY ELEMENT
OF THE DUO OR AFFECTING A STRUCTURAL COMPONENT (OTHER THAN BY HAVING A
NONADVERSE STRUCTURAL EFFECT), AND (B) TENANT'S REIMBURSEMENT OBLIGATION UNDER
THIS SECTION 9.8 SHALL NOT EXCEED ONE-HALF PERCENT (0.5%) OF THE COST OF SUCH
ALTERATION.
SECTION 9.9
NONADVERSE STRUCTURAL EFFECT.
TENANT MAY PROVIDE TO LANDLORD A STATEMENT OF AN ARCHITECT OR AN ENGINEER
APPROVED BY LANDLORD PURSUANT TO THIS LEASE, IN THE FORM OF EXHIBIT J ATTACHED
HERETO, CERTIFYING THAT THE CONTEMPLATED ALTERATION SHALL HAVE NO ADVERSE EFFECT
ON A STRUCTURAL COMPONENT THAT IS GREATER THAN A NONADVERSE STRUCTURAL EFFECT.
SUCH STATEMENT SHALL BE BASED SOLELY ON SUCH ENGINEER'S OR ARCHITECT'S
INDEPENDENT ASSESSMENT OF THE ALTERATION IN QUESTION AND NOT ON ANY
REPRESENTATIONS OR OTHER STATEMENTS MADE BY TENANT OR ANY OTHER PARTY.
LANDLORD
SHALL APPROVE OR DISAPPROVE OF SUCH ENGINEER'S OR ARCHITECT'S STATEMENT, IN
LANDLORD'S