PROPOSED
ALTERATION (I) TO THE PREMISES THAT MATERIALLY ADVERSELY AFFECTS ANY LANDLORD
CAPITAL IMPROVEMENTS OR MAJOR MECHANICAL EQUIPMENT, OR (II) IS TO THE EXTERIOR
OF THE BUILDING;
(B)
TENANT NEED NOT SECURE LANDLORD'S CONSENT WITH RESPECT TO ANY
MINOR ALTERATION WITHIN THE PREMISES; AND
(C)
TENANT MUST ALSO SECURE LANDLORD'S CONSENT (WHICH CONSENT
SHALL NOT BE UNREASONABLY WITHHELD, CONDITIONED OR DELAYED) WITH RESPECT TO THE
LOCATION ON THE ROOF OF THE BUILDING AS TENANT MAY REASONABLY SELECT (AND
LANDLORD MAY REASONABLY APPROVE) AND AS LEGAL REQUIREMENTS AND PERMITTED
EXCEPTIONS MAY PERMIT, FOR THE INSTALLATION, OPERATION, MAINTENANCE, SECURITY,
REPAIR AND REPLACEMENT OF COMMUNICATIONS EQUIPMENT AND/OR OTHER ROOF-MOUNTED
ALTERATIONS, PROVIDED THAT (I) TENANT WILL PROVIDE PRIOR NOTICE TO LANDLORD
ACCOMPANIED BY A COPY OF THE PLANS AND SPECIFICATIONS FOR THE PROPOSED
INSTALLATION OF COMMUNICATIONS EQUIPMENT (WHICH WILL INCLUDE A DETAILED
DESCRIPTION OF THE PROPOSED LOCATION THEREOF
AND DEPICTION OF TENANT'S PROPOSED
METHOD OF ATTACHMENT THEREOF TO THE ROOF AND THE ROUTING OF THE CABLE FROM EACH
ANTENNA OR SATELLITE DISH TO THE POINT OF PENETRATION OF THE ROOF MEMBRANE) FOR
LANDLORD'S CONSENT (WHICH CONSENT SHALL NOT BE UNREASONABLY WITHHELD,
CONDITIONED OR DELAYED) NOT LESS THAN TEN (10) DAYS PRIOR TO THE COMMENCEMENT OF
INSTALLATION OF ANY COMMUNICATIONS EQUIPMENT; AND (II) TENANT COMPLIES IN ALL
RESPECTS WITH THE PROVISIONS OF SECTION 8.7 OF THIS LEASE.
8.2
MANNER OF CONSTRUCTION.
TENANT SHALL CONSTRUCT ALTERATIONS AT
TENANT'S SOLE COST AND EXPENSE IN CONFORMANCE WITH ALL APPLICABLE LEGAL
REQUIREMENTS AND THE PERMITTED EXCEPTIONS.
ALL SUCH WORK SHALL BE COMPLETED IN
A GOOD AND WORKMANLIKE MANNER AND IN ACCORDANCE WITH ALL LEGAL REQUIREMENTS, AND
NO SUCH WORK SHALL RESULT IN ANY LIEN BEING ASSESSED AGAINST THE PREMISES WHICH
TENANT DOES NOT REMOVE OR "BOND AROUND" AS SET FORTH IN SECTION 9.1 BELOW.
LANDLORD SHALL PROMPTLY REVIEW, RESPOND TO AND APPROVE OR DISAPPROVE (WHICH
APPROVAL SHALL NOT BE UNREASONABLY WITHHELD, CONDITIONED OR DELAYED) TENANT'S
PLAN SUBMISSIONS AND PROPOSED CONTRACTORS THEREFOR IN ACCORDANCE WITH THE
PROCEDURES SET FORTH IN EXHIBIT F ATTACHED HERETO AND MADE A PART HEREOF FOR ALL
PURPOSES.
LANDLORD'S APPROVAL OF THE PLANS, SPECIFICATIONS AND WORKING DRAWINGS
FOR ANY ALTERATIONS SHALL CREATE NO RESPONSIBILITY OR LIABILITY ON LANDLORD'S
PART FOR THEIR COMPLETENESS, DESIGN SUFFICIENCY, OR DEGREE OF COMPLIANCE WITH
LEGAL REQUIREMENTS AND THE PERMITTED EXCEPTIONS.
IF THE SCOPE OF THE PROPOSED
ALTERATION REQUIRES LANDLORD'S APPROVAL HEREUNDER, LANDLORD MAY ENGAGE A
THIRD-PARTY ARCHITECT AND/OR ENGINEER TO REVIEW TENANT'S PLANS AND
SPECIFICATIONS WITH RESPECT TO SUCH ALTERATION, LANDLORD SHALL NOTIFY TENANT
PRIOR TO ANY SUCH ENGAGEMENT, AND TENANT SHALL REIMBURSE LANDLORD FOR ITS
REASONABLE, OUT-OF-POCKET EXPENSES INCURRED TO SUCH THIRD PARTIES WITHIN THIRTY
(30) DAYS FOLLOWING TENANT'S RECEIPT OF LANDLORD'S WRITTEN DEMAND THEREFOR.
TENANT MUST DO ALL WORK INVOLVING ANY ALTERATION IN A GOOD AND WORKMANLIKE
MANNER AND DILIGENTLY PROSECUTE IT TO COMPLETION TO THE END THAT THE PREMISES
SHALL AT ALL TIMES BE A COMPLETE UNIT EXCEPT DURING THE PERIOD OF WORK.
ANNUALLY, OR THIRTY (30) DAYS AFTER LANDLORD'S WRITTEN REQUEST, TENANT SHALL
DELIVER TO LANDLORD A