TENANT IMPROVEMENT WORK; (B) THAT
LANDLORD OR ITS DESIGNEE SHALL ACT AS THE CONTRACTOR FOR THE PERFORMANCE OF SUCH
ALTERATION (PROVIDED THAT LANDLORD'S OR ITS DESIGNEES COSTS AND/OR FEES FOR SUCH
ALTERATIONS WORK SHALL BE COMPETITIVE); (C) THAT LANDLORD SHALL SUPERVISE THE
PERFORMANCE OF SUCH ALTERATION; (D) THAT SUBCONTRACTOR AND/OR CONSULTANTS
SPECIFIED OR APPROVED BY LANDLORD SHALL BE UTILIZED TO INSURE THE INTEGRITY OF
THE BUILDING MECHANICAL AND ELECTRICAL SYSTEMS; AND (E) IN CONNECTION WITH ANY
ALTERATIONS THAT ARE REASONABLY ESTIMATED TO COST IN EXCESS OF $100,000.00 IN
THE AGGREGATE, THAT TENANT PROVIDES LANDLORD, AT TENANT'S SOLE COST AND EXPENSE,
A PERFORMANCE AND/OR PAYMENT BOND OR A LIEN AND COMPLETION BOND IN AN AMOUNT
EQUAL TO ONE AND ONE-HALF (11⁄2) TIMES THE ESTIMATED COST OF THE ALTERATIONS, TO
INSURE LANDLORD THAT SAID ALTERATIONS SHALL BE COMPLETED SATISFACTORILY TO
LANDLORD (PROVIDED, HOWEVER, THAT IN NO EVENT SHALL THE FOREGOING REQUIREMENT TO
PROVIDE SUCH BOND(S) APPLY TO THE ORIGINAL TENANT OR ANY PERMITTED TRANSFEREE).
NOTWITHSTANDING THE FOREGOING, WITH RESPECT TO ALTERATIONS WHICH INVOLVE 10,000
RENTABLE SQUARE FEET OR MORE OF THE PREMISES, TENANT SHALL NOT BE REQUIRED TO
USE LANDLORD OR ITS DESIGNEE AS THE CONTRACTOR FOR THE PERFORMANCE OF SUCH
ALTERATION WORK AS SET FORTH IN SUBCLAUSE (B), ABOVE, AND TENANT SHALL BE
ENTITLED TO COMPETITIVELY BID SUCH ALTERATION WORK TO CONTRACTORS SELECTED BY
TENANT AND REASONABLY APPROVED BY LANDLORD IN WRITING (THE "BIDDING
CONTRACTORS"), PROVIDED THAT LANDLORD SHALL HAVE THE RIGHT TO REQUIRE THAT
LANDLORD OR ITS DESIGNEE BE AMONG THE BIDDING CONTRACTORS AND BE PERMITTED TO
SUBMIT A BID TO TENANT IN CONNECTION WITH SUCH ALTERATION WORK.
IF LANDLORD
SHALL GIVE ITS CONSENT, THE CONSENT SHALL BE DEEMED CONDITIONED UPON TENANT
ACQUIRING A PERMIT TO DO THE WORK FROM APPROPRIATE GOVERNMENTAL AGENCIES, THE
FURNISHING OF A COPY OF SUCH PERMIT TO LANDLORD PRIOR TO THE COMMENCEMENT OF THE
WORK, AND THE COMPLIANCE BY TENANT WITH ALL CONDITIONS OF SAID PERMIT IN A
PROMPT AND EXPEDITIOUS MANNER.
IF SUCH ALTERATIONS WILL INVOLVE THE USE OF OR
DISTURB HAZARDOUS MATERIALS OR SUBSTANCES EXISTING IN THE PREMISES, TENANT SHALL
COMPLY WITH LANDLORD'S REASONABLE RULES AND REGULATIONS CONCERNING SUCH
HAZARDOUS MATERIALS OR SUBSTANCES.
TENANT SHALL CONSTRUCT SUCH ALTERATIONS AND
PERFORM SUCH REPAIRS IN A GOOD AND WORKMANLIKE MANNER, IN CONFORMANCE WITH ANY
AND ALL APPLICABLE FEDERAL, STATE, COUNTY OR MUNICIPAL LAWS, RULES AND
REGULATIONS AND PURSUANT TO A VALID BUILDING PERMIT, ISSUED BY THE CITY OF LONG
BEACH, ALL IN CONFORMANCE WITH LANDLORD'S REASONABLE CONSTRUCTION RULES AND
REGULATIONS.
IN THE EVENT TENANT PERFORMS ANY ALTERATIONS IN THE PREMISES WHICH
REQUIRE OR GIVE RISE TO GOVERNMENTALLY REQUIRED CHANGES TO THE "BASE BUILDING,"
AS THAT TERM IS DEFINED BELOW, THEN LANDLORD SHALL, AT TENANT'S EXPENSE, MAKE
SUCH CHANGES TO THE BASE BUILDING.
THE "BASE BUILDING" SHALL INCLUDE THE
STRUCTURAL PORTIONS OF THE BUILDING, AND THE PUBLIC RESTROOMS AND THE SYSTEMS
AND EQUIPMENT LOCATED IN THE INTERNAL CORE OF THE BUILDING ON THE FLOOR OR
FLOORS ON WHICH THE PREMISES ARE LOCATED.
IN PERFORMING THE WORK