REASONABLE DISCRETION, WITHIN TEN (10) BUSINESS DAYS OF LANDLORD'S
RECEIPT THEREOF.
SECTION 9.10
COMPLETION OF IMPROVEMENTS.
(A)
TENANT'S SUBWAY IMPROVEMENTS. (I)
LANDLORD SHALL HAVE THE
CONTINUING RIGHT TO REVIEW ANY MODIFICATIONS TO THE SITE 8 SOUTH SUBWAY
AGREEMENT AND TO APPROVE SAME SOLELY TO THE EXTENT THAT SUCH MODIFICATIONS DO
NOT IMPACT THE DUO.
IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF THIS
LEASE AND THE TERMS OF THE SITE 8 SOUTH SUBWAY AGREEMENT IN RESPECT OF THE
PERFORMANCE OF TENANT'S SUBWAY IMPROVEMENTS, THE TERMS OF THE SITE 8 SOUTH
SUBWAY AGREEMENT SHALL PREVAIL.
(II)
TENANT SHALL BE RESPONSIBLE FOR ALL COSTS IN RESPECT OF TENANT'S SUBWAY
IMPROVEMENTS.
SUBJECT TO SECTION 3.04(B) OF THE SITE 8 SOUTH LADA, AN AMOUNT
EQUAL TO TENANT'S ALLOCATION (BASED ON AN ALLOCATION BETWEEN THE TENANTS OF ALL
SEVERANCE SUBLEASES AS TO WHICH ALL SUCH TENANTS HAVE JOINTLY NOTIFIED LANDLORD
ON OR BEFORE THE COMMENCEMENT DATE) OF THE ACTUAL COSTS OF TENANT'S SUBWAY
IMPROVEMENTS IN EXCESS OF FOUR MILLION DOLLARS ($4,000,000) SHALL BE REIMBURSED
TO TENANT AS A CREDIT AGAINST PILOT UNDER THIS LEASE, BUT ONLY TO THE EXTENT
THAT ANY SUCH EXCESS EXPENDITURE WAS REASONABLY REQUIRED, IN LANDLORD'S
REASONABLE OPINION BASED ON A DETAILED ACCOUNTING OF SUCH COSTS PROVIDED BY
TENANT TO LANDLORD, IN ORDER TO CONSTRUCT THE MINIMUM IMPROVEMENTS THAT WOULD BE
REQUIRED UNDER THE ZONING RESOLUTION AS OF JUNE 20, 2000.
88
(B)
FINAL COMPLETION; PERMANENT CERTIFICATE OF OCCUPANCY.
TENANT SHALL,
USING COMMERCIALLY REASONABLE EFFORTS, DILIGENTLY AND CONTINUOUSLY PURSUE THE
DEVELOPMENT OF THE DEMISED PREMISES AND THE COMMON ELEMENTS UNTIL THE DEMISED
PREMISES AND THE COMMON ELEMENTS SHALL BE COMPLETE AND FULLY OPERATIONAL.
WITHIN A REASONABLE PERIOD AFTER THE COMPLETION OF THE INITIAL BUILD OUT IN
RESPECT OF DEMISED SPACE AND THE COMMON ELEMENTS CONSTITUTING ONE HUNDRED
PERCENT (100%) OF THE SQUARE FEET TO BE OCCUPIED IN THE DEMISED SPACE AND THE
COMMON ELEMENTS, TENANT SHALL WITH REASONABLE DILIGENCE OBTAIN A PERMANENT
CERTIFICATE OF OCCUPANCY FOR THE DEMISED PREMISES AND THE COMMON ELEMENTS.
SECTION 9.11
DISPUTES.
DISPUTES REGARDING ANY ASPECT
OF THIS ARTICLE IX, OTHER THAN THOSE EXPRESSLY STATED OTHERWISE OR THOSE THAT
PERTAIN TO THE DUO, MAY BE REFERRED TO ARBITRATION PURSUANT TO SECTION 16.3
HEREOF.
ARTICLE X
INSURANCE
SECTION 10.1
INSURANCE.
AT ALL TIMES DURING THE TERM
OF THIS LEASE, TENANT SHALL, IN RESPECT OF THE DEMISED PREMISES AND THE COMMON
ELEMENTS, KEEP AND MAINTAIN, OR CAUSE TO BE KEPT AND MAINTAINED, POLICIES OF:
(A)
COMMERCIAL PROPERTY INSURANCE COVERING, AT A MINIMUM, THE PERILS
INSURED UNDER THE ISO SPECIAL CAUSES OF LOSS FORM (CP 10 30) (OR A SUBSTITUTE
FORM PROVIDING EQUIVALENT COVERAGE) (INCLUDING (I) DEBRIS REMOVAL, DEMOLITION
AND INCREASED COST OF CONSTRUCTION THAT ARE CAUSED BY OPERATION OF LEGAL
REQUIREMENTS REGULATING THE CONSTRUCTION OR REPAIR OF DAMAGED FACILITIES,
(II) FLOOD (SUBJECT TO SECTION 10.1(I) HEREOF) AND, TO THE EXTENT AVAILABLE AT
COMMERCIALLY REASONABLE RATES, EARTH MOVEMENT COVERAGE, AND (III) COVERAGE
AGAINST COLLAPSE AND INCLUDING AN ORDINANCE AND LAW ENDORSEMENT, IN AN AMOUNT
NOT LESS THAN THE