DONE IN
A GOOD AND WORKMANLIKE MANNER AND IN COMPLIANCE WITH ALL APPLICABLE BUILDING
LAWS.
TENANT SHALL HAVE THE RIGHT TO REQUIRE LANDLORD TO USE, TO THE EXTENT
PRACTICAL AND WHERE POSSIBLE, THE EXISTING BUILDING MATERIALS AND EQUIPMENT
CURRENTLY ON-SITE WITHIN THE PREMISES (BUT EXCLUDING CURRENT FURNITURE) AND THE
SO-CALLED "ATTIC STOCK" WITHIN BUILDING 65, AN INVENTORY OF WHICH IS ATTACHED TO
THE BUILDING 65 LEASE.
TENANT SHALL ADVISE LANDLORD ON OR BEFORE
9
NOVEMBER 24, 2009, WHICH OF THE ITEMS LISTED IN SUCH INVENTORY TENANT DESIRES.
TENANT AGREES THAT LANDLORD MAY MAKE ANY NON-MATERIAL CHANGES IN THE LANDLORD'S
WORK WHICH MAY BECOME REASONABLY NECESSARY OR ADVISABLE TO ACCOMMODATE FIELD
CONDITIONS OR TO SUBSTITUTE MATERIALS OF EQUAL OR BETTER QUALITY TO MEET
AVAILABILITY SCHEDULES, WITHOUT APPROVAL OF TENANT, PROVIDED WRITTEN NOTICE IS
PROMPTLY GIVEN TO TENANT; AND LANDLORD MAY MAKE OTHER CHANGES IN SUCH WORK
REASONABLY NECESSARY TO ACCOMMODATE UNFORESEEN CONDITIONS, WITH THE WRITTEN
APPROVAL OF TENANT, WHICH SHALL NOT BE UNREASONABLY WITHHELD OR DELAYED.
LANDLORD SHALL USE DILIGENCE TO CAUSE LANDLORD'S WORK TO BE SUBSTANTIALLY
COMPLETED BY THE TARGET COMMENCEMENT DATE, SUBJECT TO FORCE MAJEURE EVENTS
(DEFINED IN SECTION 10.5 HEREOF) AND ANY TENANT DELAY (DEFINED BELOW).
TENANT
SHALL BE REQUIRED TO PAY TO NORDBLOM DEVELOPMENT COMPANY A PROJECT MANAGEMENT
FEE EQUAL TO 1.5% OF THE TOTAL CONSTRUCTION COST OF THE TIW FOR BOTH THE
PREMISES AND THE BUILDING 65 PREMISES, EXCLUDING PROJECT MANAGEMENT COSTS, COSTS
FOR ARCHITECTURAL AND ENGINEERING FEES, MOVING COSTS AND TELECOMMUNICATIONS
WIRING AND CABLING COSTS.
IT IS UNDERSTOOD THAT THE PHRASES "TIW", "LANDLORD'S
WORK" AND THE "FINAL PLANS," REFERRED TO IN THIS ARTICLE 3 SHALL MEAN THE BASE
BUILDING WORK, THE TENANT IMPROVEMENT WORK AND THE PLANS FOR BOTH THE PREMISES
AND THE BUILDING 65 PREMISES TOGETHER AS ONE INTEGRATED TENANT IMPROVEMENT
PROJECT, WITH THE EXCEPTION OF SUBPARAGRAPH A ABOVE AND SECTIONS 3.6 AND 3.7,
WHERE THE RESPECTIVE MEANINGS OF SUCH TERMS SHALL ONLY BE APPLICABLE TO THE
PREMISES.
C.
THE PHRASE, "TENANT DELAY", SHALL BE
DEFINED AS ANY DELAY IN THE COMPLETION OF LANDLORD'S WORK ACTUALLY CAUSED BY
(I) WORK, UPGRADES OR LONG LEAD-TIME ITEMS FOR WHICH LANDLORD IDENTIFIES A
SPECIFIED PERIOD OF DELAY, AND IN EITHER INSTANCE TENANT DOES NOT WITHDRAW OR
ALTER SUCH SPECIAL WORK, UPGRADE, LONG LEAD-TIME ITEM WHICH AVOIDS SUCH DELAY,
(II) ANY CHANGES TO ANY PLANS, INCLUDING THE FINAL PLANS, MADE BY TENANT, OR ANY
TENANT'S CHANGE ORDER, IN ANY CASE FOR WHICH LANDLORD IDENTIFIES A SPECIFIED
PERIOD OF DELAY AT THE TIME OF ITS APPROVAL AND FOR WHICH TENANT DOES NOT
WITHDRAW SUCH CHANGE TO AVOID DELAY, (III) ANY CHANGE IN THE DESIGN OF THE TIW
OR ANY COMPONENT THEREOF MADE BY TENANT THAT RESULTS IN A DELAY IN THE
LANDLORD'S CONSTRUCTION START DATE BEYOND JANUARY 3, 2010, (IV) THE DELAY OF
TENANT OR ITS ARCHITECTS AND ENGINEERS IN PROVIDING OR APPROVING THE
CONSTRUCTION PLANS OR THE PROPOSED GMP, OR SUPPLYING, SUBMITTING OR APPROVING
ANY OTHER PLANS, SPECIFICATIONS, PRICING OR ESTIMATES OR GIVING AUTHORIZATIONS
OR SUPPLYING INFORMATION