by Landlord
shall be accompanied by specific reasons set forth in reasonable detail.
(II)
OTHER ARCHITECTS AND ENGINEERS.
EXCEPT IN RESPECT OF THE DESIGN
ARCHITECT (WHICH SHALL BE APPROVED IN ACCORDANCE WITH SECTION 9.6(A)(I) HEREOF),
THE PRODUCTION ARCHITECT AND EACH OTHER ARCHITECT AND ENGINEER PROPOSED TO BE
ENGAGED IN RESPECT TO ANY ALTERATION (OTHER THAN INTERIOR CONSTRUCTION WORK OR
DEMOLITION WORK) (A) GOVERNED BY ANY ELEMENT OF THE DUO, (B) AFFECTING A
STRUCTURAL COMPONENT (OTHER THAN BY HAVING A NONADVERSE STRUCTURAL EFFECT), OR
(C) OF A VALUE OF
85
GREATER THAN $1,000,000 (WHICH AMOUNT SHALL BE ADJUSTED FOR INFLATION FROM THE
SUBSTANTIAL COMPLETION DATE), SHALL BE APPROVED BY LANDLORD: (1) IN RESPECT OF
ANY ALTERATION SUBJECT TO CLAUSE (A) OF THIS SECTION 9.6(A)(II), IN LANDLORD'S
SOLE DISCRETION; AND (2) IN RESPECT OF ANY ALTERATION SUBJECT ONLY TO CLAUSE
(B) OR (C) OF THIS SECTION 9.6(A)(II), IN LANDLORD'S APPROVAL, NOT TO BE
UNREASONABLY WITHHELD.
EACH SUCH ARCHITECT SHALL HAVE SUBSTANTIAL EXPERIENCE IN
CONSTRUCTION PROJECTS THAT ARE COMPARABLE IN SCOPE TO SUCH ARCHITECT'S INTENDED
WORK AT THE IMPROVEMENTS AND SHALL NOT BE A PROHIBITED PERSON.
EACH SUCH
ENGINEER SHALL (X) BE OF RECOGNIZED STANDING AMONG ITS PEERS, (Y) HAVE AT LEAST
TEN (10) YEARS EXPERIENCE IN PROVIDING ENGINEERING SERVICES IN RESPECT OF
HIGHRISE BUILDINGS IN URBAN CENTERS AND (Z) NOT BE A PROHIBITED PERSON.
IF
LANDLORD FAILS TO APPROVE OR REJECT ANY ARCHITECT NOMINATED BY TENANT TO BE AN
ARCHITECT (OTHER THAN THE DESIGN ARCHITECT), OR ENGINEER NOMINATED BY TENANT TO
BE AN ENGINEER, AS THE CASE MAY BE, 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 OR ENGINEER, AS THE CASE MAY BE, 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 OR ENGINEERS, AS THE CASE MAY BE 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 AN ARCHITECT/ENGINEER 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 or engineers, as
the case may be, within five (5) Business Days after its receipt of such
reminder notice, such architect or engineer, as the came may be, shall be deemed
approved by Landlord.
Any rejection of an architect or engineer, as the case
may be, by Landlord shall be accompanied by specific reasons setting forth in
reasonable detail the basis for such rejection.
(B)
APPROVAL OF CONTRACTORS.
(I)
GENERAL STANDARD; PROHIBITED PERSONS.
ALL ALTERATIONS