FIXTURES
USED IN THE CONSTRUCTION, REPAIR OR OPERATION THEREOF, OR ANNEXED THERETO BY
TENANT, TENANT SHALL PROMPTLY TAKE SUCH ACTION BY BONDING, DEPOSIT OR PAYMENT AS
WILL REMOVE OR SATISFY THE LIEN OR CONDITIONAL BILL OF SALE.
(E)
RIGHT OF INSPECTION. LANDLORD SHALL HAVE THE RIGHT, DURING THE PERFORMANCE
OF ANY CONSTRUCTION WORK GOVERNED BY ANY ELEMENT OF THE DUO OR AFFECTING A
STRUCTURAL COMPONENT (OTHER THAN BY HAVING A NONADVERSE STRUCTURAL EFFECT), TO
(I) MAINTAIN, AT LANDLORD'S COST, FIELD PERSONNEL OR OTHER REPRESENTATIVES AT
THE PROJECT TO OBSERVE TENANT'S CONSTRUCTION METHODS AND TECHNIQUES AND TO
DETERMINE THAT SUCH CONSTRUCTION WORK IS BEING PERFORMED IN ACCORDANCE WITH THE
PROVISIONS OF THIS LEASE, AND (II) HAVE SUCH FIELD PERSONNEL OR OTHER DESIGNERS
ATTEND TENANT'S JOB AND/OR SAFETY MEETINGS (IT BEING AGREED THAT SUCH LANDLORD'S
FIELD PERSONNEL OR OTHER REPRESENTATIVES SHALL NOT INSTRUCT CONTRACTORS,
INTERFERE WITH OR IMPEDE THE WORK OF SUCH OR OTHER WORKERS IN RESPECT OF ANY
SUCH CONSTRUCTION WORK). LANDLORD AGREES THAT THE PRESENCE AND ACTIVITIES OF
SUCH FIELD PERSONNEL OR OTHER REPRESENTATIVES SHALL NOT IMPEDE IN ANY RESPECT
THE PERFORMANCE OF SUCH CONSTRUCTION WORK. NO SUCH OBSERVATION OR ATTENDANCE BY
LANDLORD'S PERSONNEL, DESIGNERS OR OTHER REPRESENTATIVES SHALL IMPOSE UPON
LANDLORD RESPONSIBILITY FOR ANY FAILURE BY TENANT TO COMPLY WITH ANY LEGAL
REQUIREMENTS, INSURANCE REQUIREMENTS OR SAFETY PRACTICES IN CONNECTION WITH SUCH
CONSTRUCTION WORK OR CONSTITUTE AN ACCEPTANCE OF ANY SUCH CONSTRUCTION WORK
WHICH DOES NOT COMPLY IN ALL RESPECTS WITH THE PROVISIONS OF THIS LEASE.
SECTION 6.4
USE OF PLANS AND SPECIFICATIONS.
LANDLORD SHALL HAVE THE
RIGHT TO USE WITHOUT ANY PAYMENT OR OTHER COMPENSATION BY LANDLORD THEREFOR,
SOLELY FOR THE PURPOSES SET FORTH IN THE FOLLOWING SENTENCE, (A) THE APPROVED
SCHEMATIC DESIGN PLANS, THE DESIGN DEVELOPMENT PLANS AND THE FINAL PLANS AND
SPECIFICATIONS, (B) ANY SURVEYS AND "AS BUILT" PLANS SHOWING THE APPLICABLE
CONSTRUCTION WORK, AND (C) ANY OTHER PLANS AND SPECIFICATIONS WITH RESPECT TO
SUCH CONSTRUCTION WORK.
LANDLORD SHALL HAVE THE RIGHT TO USE THE ITEMS
ENUMERATED IN CLAUSES (A) THROUGH (C) ABOVE TO FACILITATE THE EXERCISE OF ITS
RIGHTS UNDER THIS LEASE AND, SUBSEQUENT TO THE EXPIRATION OR TERMINATION OF THIS
LEASE WHERE LANDLORD RETAINS TITLE TO THE PROPERTY, FOR THE CONSTRUCTION, USE,
OPERATION AND ALTERATION OF THE APPLICABLE PROJECT COMPONENT AND OTHER PURPOSES
INCIDENTAL THERETO; SUBJECT, HOWEVER, TO THE FOLLOWING RESTRICTIONS:
(I)
THE WORK PRODUCT OF THE DESIGN ARCHITECT (THE "DA WORK PRODUCT") MAY BE
USED ONLY FOR THE COMPLETION OF THE CONSTRUCTION WORK IN QUESTION OR FOR
REFERENCE PURPOSES FOR ADDITIONS, EXTENSIONS, REMODELING OR MODIFICATION OF THE
CONSTRUCTION WORK IN QUESTION NOT DESIGNED BY THE DESIGN ARCHITECT; HOWEVER,
OWNERSHIP RIGHTS TO SAID DA WORK PRODUCT AND RIGHTS THEREFROM MAY NOT BE
TRANSFERRED TO ANOTHER PARTY FOR ITS USE IN THE DESIGN OF ANOTHER PROJECT;
63
(II)
DESIGN ARCHITECT RETAINS ALL STATUTORY AND RESERVE RIGHTS, INCLUDING
COPYRIGHT, TO TYPICAL OR STANDARD DESIGN DETAILS, DEPICTIONS, INSTRUCTIONS AND
SPECIFICATIONS REGULARLY USED BY THE DESIGN ARCHITECT IN THE ORDINARY COURSE OF
ITS ARCHITECTURAL PRACTICE;
(III)
DESIGN