OR
ADDITIONAL RENT OR OTHER CHARGES PAYABLE BY TENANT BE ABATED, SUSPENDED, REDUCED
OR DIMINISHED BY REASON OF TENANT BEING PREVENTED FROM OR DELAYED IN BUILDING BY
ANY PRESENT OR FUTURE LAWS, RULES, REQUIREMENTS, ORDERS, DIRECTIONS, ORDINANCES
OR REGULATIONS OF THE UNITED STATES OF AMERICA OR OF
15
THE CITY, COUNTY OR STATE GOVERNMENTAL OR LAWFUL AUTHORITY WHATSOEVER, OR BY
PRIORITIES, RATIONING OR CURTAILMENT OF LABOR OR MATERIALS, OR STRIKES OR BY WAR
OR BY ANY MATTER OR THING RESULTING THEREFROM, OR BY ANY OTHER CAUSE OR CAUSES
WHETHER OR NOT BEYOND THE CONTROL OF TENANT.
SECTION 11.5.
IN ADDITION TO COMPLYING WITH ALL OTHER PROVISIONS HEREOF IN
CONNECTION WITH ANY WORK UNDERTAKEN BY OR ON BEHALF OF TENANT, TENANT SHALL (I)
FURNISH LANDLORD A CONTRACT MADE WITH A CONTRACTOR SATISFACTORY TO LANDLORD
PROVIDING FOR THE COMPLETION OF ALL WORK, LABOR AND MATERIALS NECESSARY TO
COMPLETE THE PERMITTED CHANGES, ALTERATIONS AND IMPROVEMENTS IN ACCORDANCE WITH
THE PLANS APPROVED BY LANDLORD, (II) USE ITS BEST EFFORTS TO HAVE SUCH CONTRACT
BE FOR A FIXED SUM AND IN ASSIGNABLE FORM, AND (III) PROVIDE LANDLORD WITH AN
ASSIGNMENT OF SUCH CONTRACT IN FORM SATISFACTORY TO LANDLORD, WHICH SHALL BE
DULY EXECUTED AND ACKNOWLEDGED BY TENANT AND BY ITS TERMS SHALL BE EFFECTIVE
UPON ANY TERMINATION OF THIS LEASE OR UPON LANDLORD'S REENTRY UPON THE LEASED
PREMISES PURSUANT TO THIS LEASE PRIOR TO THE COMPLETE PERFORMANCE OF SUCH
CONTRACT.
SUCH ASSIGNMENT SHALL ALSO PROVIDE, THAT LANDLORD SHALL BE ENTITLED
TO THE BENEFIT OF ALL PAYMENTS MADE ON ACCOUNT OF SAID CONTRACT INCLUDING
PAYMENTS MADE PRIOR TO THE EFFECTIVE DATE OF SUCH ASSIGNMENT.
SECTION 11.6.
LANDLORD MAY, UPON REASONABLE NOTICE TO TENANT, AT ANY TIME AND
FROM TIME TO TIME DURING USUAL BUSINESS HOURS AND WITHOUT UNREASONABLY
INTERFERING WITH TENANT'S BUSINESS OR ANY CONSTRUCTION IN PROGRESS (EXCEPT
WITHOUT NOTICE AND AT ANYTIME IN CASE OF EMERGENCY), IN ADDITION TO ANY OTHER
RIGHT OF ACCESS GIVEN TO LANDLORD PURSUANT TO THE TERMS OF THIS LEASE, AT
LANDLORD'S EXPENSE, ENTER UPON THE LEASED PREMISES WITH ONE OR MORE ENGINEERS
AND/OR ARCHITECTS OF LANDLORD'S SELECTION ("LANDLORD'S ARCHITECT") TO DETERMINE
THE COURSE AND DEGREE OF COMPLETION OF THE PERMITTED CHANGES, ALTERATIONS AND
IMPROVEMENTS AND ITS COMPLIANCE WITH THE PLANS APPROVED BY LANDLORD AND THE
TERMS AND CONDITIONS OF THIS LEASE.
SECTION 11.7.
ANYTHING HEREINABOVE CONTAINED TO THE CONTRARY NOTWITHSTANDING,
NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO BE A CONSENT BY LANDLORD TO THE
PLACING OF ANY LIEN AGAINST THE FEE INTEREST IN THE LEASED PREMISES OR LAND
AND/OR BUILDING.
SECTION 11.8.
UPON COMPLETION OF THE PERMITTED CHANGES, ALTERATIONS AND
IMPROVEMENTS, THE TENANT SHALL DELIVER TO LANDLORD PROFESSIONAL AS BUILT PLANS
OF SAME, SEALED BY A LICENSED ARCHITECT.
SECTION 11.9.
TENANT SHALL PAY TO LANDLORD, WITHIN TEN (10) DAYS AFTER DEMAND,
ALL REASONABLE OUT OF POCKET CHARGES OR EXPENSES LANDLORD MAY INCUR IN REVIEWING
PLANS, PERMITS, CONTRACTS OR SIMILAR ITEMS OR INSPECTING THE WORK IN PROGRESS
AND AS COMPLETED, INCLUDING REASONABLE FEES OF ARCHITECTS, ENGINEERS AND
ATTORNEYS, REGARDLESS OF