INITIAL IMPROVEMENTS TO THE PREMISES SHALL BE GOVERNED BY THE TERMS OF THE
TENANT WORK LETTER AND NOT THE TERMS OF THIS ARTICLE 8.
8.2
MANNER OF CONSTRUCTION.
LANDLORD MAY
IMPOSE, AS A CONDITION OF ITS CONSENT TO ANY AND ALL ALTERATIONS OR REPAIRS OF
THE PREMISES OR ABOUT THE PREMISES, SUCH REQUIREMENTS AS LANDLORD IN ITS
REASONABLE DISCRETION MAY DEEM DESIRABLE; PROVIDED, HOWEVER, SUCH REQUIREMENT
SHALL AT A MINIMUM INCLUDE, BUT NOT LIMITED TO, THE FOLLOWING:
(I) THE
REQUIREMENT THAT TENANT UTILIZE FOR SUCH PURPOSES ONLY CONTRACTORS REASONABLY
APPROVED BY LANDLORD, (II) THE REQUIREMENT THAT UPON LANDLORD'S REQUEST MADE AT
THE TIME SUCH CONSENT IS GRANTED, TENANT SHALL, AT TENANT'S EXPENSE, REMOVE SUCH
ALTERATIONS UPON THE EXPIRATION OR ANY EARLY TERMINATION OF THE LEASE TERM AND
RETURN THE AFFECTED PORTION OF THE PREMISES TO A BUILDING STANDARD GENERAL
LABORATORY IMPROVED CONDITION CONSISTENT WITH THE CGMP STANDARD AND OTHERWISE AS
REASONABLY DETERMINED BY LANDLORD; (III) THE REQUIREMENT THAT A COPY OF TENANT'S
CONTRACT(S) WITH ITS CONTRACTORS BE DELIVERED TO LANDLORD PRIOR TO THE
COMMENCEMENT OF ANY SUCH CONSTRUCTION (WHICH CONTRACTS SHALL STATE THAT ALL
CHANGE ORDERS MUST BE APPROVED, IN WRITING, BY LANDLORD PRIOR TO
IMPLEMENTATION); (IV) LANDLORD'S REVIEW AND APPROVAL OF THE FINAL BUDGET
(CONTRACTOR'S COST PROPOSAL) FOR SUCH ALTERATIONS OR REPAIRS; AND (V) THE
REQUIREMENT THAT TENANT SHALL MEET WITH LANDLORD, PRIOR TO THE COMMENCEMENT OF
ANY CONSTRUCTION, TO DISCUSS LANDLORD'S DESIGN PARAMETERS AND CODE COMPLIANCE
ISSUES.
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 SAN DIEGO, ALL IN CONFORMANCE WITH
LANDLORD'S 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 CONSIST OF THE BUILDING STRUCTURE.
IN PERFORMING THE
WORK OF ANY SUCH ALTERATIONS, TENANT SHALL HAVE THE WORK PERFORMED IN SUCH
MANNER SO AS NOT TO OBSTRUCT ACCESS TO THE PROJECT OR ANY PORTION THEREOF, BY
ANY OTHER TENANT OF THE PROJECT, AND SO AS NOT TO OBSTRUCT THE BUSINESS OF
LANDLORD OR OTHER TENANTS IN THE
PROJECT.
TENANT SHALL NOT USE (AND UPON
NOTICE FROM LANDLORD SHALL CEASE USING) CONTRACTORS, SERVICES, WORKMEN, LABOR,
MATERIALS OR EQUIPMENT THAT, IN LANDLORD'S REASONABLE JUDGMENT, WOULD DISTURB
LABOR HARMONY WITH THE WORKFORCE OR TRADES ENGAGED IN PERFORMING OTHER WORK,
LABOR OR SERVICES IN OR ABOUT THE BUILDING OR THE COMMON AREAS.
IN ADDITION TO
TENANT'S OBLIGATIONS UNDER ARTICLE 9 OF THIS LEASE, UPON COMPLETION OF ANY
ALTERATIONS, TENANT AGREES TO CAUSE A NOTICE OF COMPLETION TO BE RECORDED IN THE
OFFICE OF THE RECORDER OF THE COUNTY OF SAN DIEGO IN ACCORDANCE WITH
SECTION 3093 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA