NOTICE TO TENANT, TREAT THE TRANSFER OR NOTICE OF THE
ASSIGNMENT OR SUBLEASE AS A NOTICE OF INTENT TO ASSIGN OR SUBLET TO A
NON-AFFILIATE, AND ALL OF LANDLORD'S RIGHTS HEREUNDER WITH RESPECT TO A PROPOSED
ASSIGNMENT OR SUBLEASE TO A NON-AFFILIATE SHALL THEREUPON APPLY AS IF SUCH
REQUEST HAD BEEN MADE ON THE DATE OF LANDLORD'S ELECTION.
AN AFFILIATE
SUBTENANT OR ASSIGNEE MEETING THE REQUIREMENTS OF THIS SECTION 7.9 IS REFERRED
TO AS AN "AFFILIATE TRANSFEREE."
ARTICLE 8.
ALTERATIONS, ADDITIONS AND IMPROVEMENTS
8.1
LANDLORD CONSENT.
TENANT SHALL NOT MAKE OR ALLOW TO BE MADE ANY
ALTERATIONS OR ADDITIONS IN OR TO THE PREMISES WITHOUT FIRST OBTAINING THE
WRITTEN CONSENT OF LANDLORD.
LANDLORD'S CONSENT WILL NOT BE UNREASONABLY
WITHHELD OR DELAYED WITH RESPECT TO PROPOSED ALTERATIONS AND ADDITIONS WHICH:
(I) COMPLY WITH ALL APPLICABLE LAWS, ORDINANCES, RULES AND REGULATIONS; (II) ARE
COMPATIBLE WITH THE BUILDING AND ITS MECHANICAL, ELECTRICAL, HVAC AND LIFE
SAFETY SYSTEMS; (III) WILL NOT AFFECT THE STRUCTURAL PORTIONS OF THE BUILDING
(PROVIDED, HOWEVER, LANDLORD SHALL NOT UNREASONABLY WITHHOLD CONSENT TO THE
CONSTRUCTION OF AN INTERNAL STAIRCASE IN ACCORDANCE WITH AND SUBJECT TO THE
TERMS AND CONDITIONS OF THE WORK LETTER); (IV) WILL NOT INTERFERE WITH THE USE
AND OCCUPANCY OF ANY OTHER PORTION OF THE BUILDING BY ANY OTHER TENANT; AND
(V) WILL NOT TRIGGER ANY ADDITIONAL COSTS TO LANDLORD.
SPECIFICALLY, BUT
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LANDLORD'S RIGHT OF CONSENT
(WHICH SHALL NOT BE UNREASONABLY WITHHELD) SHALL ENCOMPASS PLANS AND
SPECIFICATIONS FOR PROPOSED ALTERATIONS OR ADDITIONS, CONSTRUCTION MEANS AND
METHODS, THE IDENTITY OF ANY CONTRACTOR OR SUBCONTRACTOR TO BE EMPLOYED ON THE
WORK OF ALTERATIONS OR ADDITIONS, AND THE TIME FOR PERFORMANCE OF SUCH WORK.
TENANT SHALL SUPPLY TO LANDLORD ANY ADDITIONAL DOCUMENTS AND INFORMATION
REQUESTED BY LANDLORD IN CONNECTION WITH TENANT'S REQUEST FOR CONSENT
HEREUNDER.
NOTWITHSTANDING THE FOREGOING OR ANYTHING TO THE CONTRARY CONTAINED
ELSEWHERE IN THIS ARTICLE 8, TENANT SHALL HAVE THE RIGHT, WITHOUT LANDLORD'S
CONSENT, TO MAKE ANY ALTERATION THAT MEETS ALL OF THE FOLLOWING CRITERIA (A
"COSMETIC ALTERATION"): (A) THE ALTERATION IS DECORATIVE IN NATURE (SUCH AS
PAINT, CARPET OR OTHER WALL OR FLOOR FINISHES, MOVABLE PARTITIONS OR OTHER SUCH
WORK) OR IS LIMITED TO TENANT'S DATA AND COMMUNICATIONS CABLING, (B) TENANT
PROVIDES LANDLORD WITH TEN (10)
DAYS' ADVANCE WRITTEN NOTICE OF THE
COMMENCEMENT OF SUCH ALTERATION, (C) SUCH ALTERATION DOES NOT AFFECT THE
BUILDING'S ELECTRICAL, MECHANICAL, LIFE SAFETY, PLUMBING, SECURITY, OR HVAC
SYSTEMS OR ANY OTHER PORTION OF THE BASE BUILDING OR ANY PART OF THE BUILDING
OTHER THAN THE PREMISES, (D) THE WORK WILL NOT DECREASE THE VALUE OF THE
PREMISES, USES ONLY NEW OR LIKE-NEW MATERIALS COMPARABLE IN QUALITY TO THOSE
BEING REPLACED AND IS PERFORMED IN A WORKMAN LIKE MANNER AND IN ACCORDANCE WITH
ALL LEGAL REQUIREMENTS, AND (E) THE COST OF SUCH ALTERATION DOES NOT EXCEED TEN
THOUSAND DOLLARS ($10,000.00) PER PROJECT.
AT THE TIME TENANT NOTIFIES LANDLORD
OF ANY COSMETIC ALTERATION, TENANT SHALL GIVE LANDLORD A COPY OF TENANT'S PLANS
FOR THE WORK.
IF