ARCHITECT WHEN IT TRANSFERS SUCH INFORMATION TO
SUCH MEDIA OR WHILE SUCH MEDIA ARE IN DESIGN ARCHITECT'S POSSESSION OR CONTROL;
(V)
IN CONNECTION WITH ANY PUBLICATION OF PHOTOGRAPHS OR OTHER REPRESENTATIONS
OF THE ALTERATION IN QUESTION WHERE THE DESIGN OF THE ALTERATION IN QUESTION IS
THE SUBJECT OF THE PUBLICATION, IF APPLICABLE, THE PARTY CAUSING SUCH
PUBLICATION WILL ENDEAVOR TO SEE THAT REFERENCE TO THE DESIGN ARCHITECT AS
ARCHITECT FOR THE ALTERATION IN QUESTION IS INCLUDED IN ANY SUCH PUBLICATION AS
FOLLOWS: RENZO PIANO
80
BUILDING WORKSHOP, DESIGN ARCHITECTS, WITH FXFOWLE (F/K/A FOX AND FOWLE)
ARCHITECTS, EXECUTIVE ARCHITECT; AND
(VI)
IF THE PROJECT IS MATERIALLY MODIFIED AFTER ITS COMPLETION AND DESIGN
ARCHITECT HAS NOT CONSENTED OR PARTICIPATED IN SUCH MODIFICATION, NO REFERENCE
SHALL BE MADE TO RENZO PIANO BUILDING WORKSHOP OR FXFOWLE (F/K/A FOX AND FOWLE)
ARCHITECTS, AS THE ARCHITECT(S) FOR THE ALTERATION IN QUESTION, AND THE OWNER OF
THE ALTERATION IN QUESTION SHALL USE ITS DILIGENT EFFORTS TO PREVENT THE
DISSEMINATION OF INFORMATION REGARDING SUCH COMPLETION OR MODIFICATION WHICH
INCLUDES ANY SUCH REFERENCE.
Nothing in this Section 9.4 shall permit the selection and approval by Tenant of
a Design Architect other than in accordance with Section 9.6(a) hereof.
The
provisions of this Section 9.4 shall survive any such expiration or earlier
termination of this Lease.
SECTION 9.5
MAJOR ALTERATIONS.
(A)
CONDITIONS TO PERFORMANCE.
IN ADDITION TO THE REQUIREMENTS OF
SECTION 9.2 HEREOF (A) IF THE REASONABLY ESTIMATED COST OF ANY PROPOSED
ALTERATION IN OR (1) TO THE DEMISED PREMISES OR ANY PORTION THEREOF CALCULATED
AS A WHOLE OR (2) TO THE COMMON ELEMENTS OR ANY PORTION THEREOF CALCULATED AS A
WHOLE, EQUALS OR EXCEEDS TWO MILLION DOLLARS ($2,000,000) (ADJUSTED FOR
INFLATION FROM AND AFTER THE SUBSTANTIAL COMPLETION DATE), EXCLUDING THE COST OF
INTERIOR COSMETIC AND DECORATIVE ITEMS INCLUDED IN SUCH ALTERATION, EITHER
INDIVIDUALLY OR IN THE AGGREGATE WITH OTHER ALTERATIONS IN OR TO THE DEMISED
PREMISES AND THE COMMON ELEMENTS OR ANY PORTION THEREOF UNDERTAKEN BY THE SAME
PARTY DURING ANY LEASE YEAR IN CONNECTION WITH A SINGLE JOB THAT IS PERFORMED IN
STAGES (EACH, A "$2,000,000+ ALTERATION"), (B) TO THE EXTENT THAT ANY PORTION OF
ANY ALTERATION INVOLVES WORK WHICH WILL AFFECT ANY STRUCTURAL COMPONENT OTHER
THAN BY HAVING A NONADVERSE STRUCTURAL EFFECT (EACH, A "STRUCTURAL ALTERATION"),
OR (C) TO THE EXTENT THAT ANY PORTION OF ANY ALTERATION AFFECTS ANY PORTION OF
THE DEMISED PREMISES OR THE COMMON ELEMENTS THAT IS GOVERNED BY ANY ELEMENT OF
THE DUO (EACH, A "DUO ALTERATION"; ANY ALTERATION DESCRIBED BY CLAUSES (B) OR
(C) ABOVE, A "DUO/STRUCTURAL ALTERATION"; ANY ALTERATION DESCRIBED BY CLAUSES
(A), (B) OR (C) ABOVE, A "MAJOR ALTERATION"):
(I)
TENANT SHALL FURNISH TO LANDLORD THE FOLLOWING, IN RESPECT ONLY OF A
DUO/STRUCTURAL ALTERATION, AT LEAST THIRTY (30) BUSINESS DAYS PRIOR TO
COMMENCEMENT OF ANY SUCH DUO/STRUCTURAL ALTERATION, COMPLETE PROPOSED ALTERATION
PLANS AND SPECIFICATIONS FOR SUCH DUO/STRUCTURAL ALTERATION (WHICH SHALL INCLUDE
COMPLETE INFORMATION AND DIMENSIONS NECESSARY FOR THE CONSTRUCTION AND FINISHING
OF THE APPLICABLE DUO/STRUCTURAL ALTERATION AND FOR ANY