LEASE SHALL BE REFERRED TO AS THE "CERTIFIED VAV BOXES"), LANDLORD SHALL NOT BE
REQUIRED TO REPLACE THE SAME BUT RATHER TO REMOVE THE SAME FROM THEIR CURRENT
LOCATIONS AND STORE THE SAME IN THE PREMISES FOR FUTURE RE-INSTALLATION BY
TENANT.
ALL VAV BOXES SHALL BE DELIVERED AS MORE PARTICULARLY PROVIDED IN
EXHIBIT H.
FAILURE TO DELIVER THE NEW VAV BOXES IN THE REQUIRED TIME FRAME (THE
"VAV BOX DEADLINE") SHALL BE CONSIDERED A FAILURE TO MEET THE PROJECTED DELIVERY
DATE ONLY IF TENANT'S CONSTRUCTION SCHEDULE IS DELAYED AS A RESULT OF SUCH DELAY
IN WHICH CASE THE DELIVERY DATE FOR THAT PORTION OF THE PREMISES SHALL BE
RETROACTIVELY ADJUSTED TO ACCOUNT FOR THE CONSTRUCTION DELAY CAUSED BY THE
DELAYED VAV BOX DELIVERY ON A DAY FOR DAY BASIS.
A "DELIVERY DATE" SHALL MEAN
THE ACTUAL DATE OF DELIVERY BY LANDLORD OF EXCLUSIVE POSSESSION OF EACH OF THE
INITIAL PREMISES AND THE ADDITIONAL PREMISES IN BROOM CLEAN CONDITION, FREE OF
ALL TENANTS, OCCUPANTS AND PERSONAL PROPERTY, WITH THE LANDLORD WORK THEREIN
SUBSTANTIALLY COMPLETE, AND WITH ALL BUILDING SYSTEMS SERVING THE PREMISES IN
GOOD WORKING ORDER AND CONDITION TO THE EXTENT REQUIRED AS PART OF THE LANDLORD
WORK.
3.02
THE LANDLORD WORK SHALL BE DEEMED TO BE
"SUBSTANTIALLY COMPLETE" ON THE DATE THAT ALL LANDLORD WORK HAS BEEN PERFORMED,
OTHER THAN ANY DETAILS OF CONSTRUCTION, MECHANICAL ADJUSTMENT OR ANY OTHER
SIMILAR MATTER, THE NON-COMPLETION OF WHICH DOES NOT MATERIALLY INTERFERE WITH
THE INITIAL ALTERATIONS IN THE PREMISES OR TENANT'S USE AND OCCUPANCY OF THE
PREMISES OR TENANT'S ABILITY TO PROCEED WITH THE INITIAL ALTERATIONS OR TO
OBTAIN A CERTIFICATE OF OCCUPANCY.
ALL LANDLORD WORK SHALL BE PERFORMED IN A
GOOD AND WORKMANLIKE MANNER, AND SUCH PERFORMANCE SHALL BE IN COMPLIANCE WITH
ALL LAW WHICH IS APPLICABLE TO SUCH PERFORMANCE.
IF LANDLORD IS DELAYED IN THE
PERFORMANCE OF THE LANDLORD WORK AS A RESULT OF THE ACTS OR NEGLIGENT OMISSIONS
OF TENANT, THE TENANT RELATED PARTIES (DEFINED IN SECTION 14) OR THEIR
RESPECTIVE CONTRACTORS OR VENDORS UNLESS RESULTING FROM AN ACT OR OMISSION
CONSTITUTING A LANDLORD DELAY (AS DEFINED IN SECTION 4.09), INCLUDING, WITHOUT
LIMITATION (I) CHANGES REQUESTED BY TENANT TO THE SCOPE OF LANDLORD'S WORK,
TENANT'S FAILURE TO COMPLY WITH ANY OF ITS OBLIGATIONS UNDER THIS LEASE, OR
TENANT'S SPECIFICATION OF ANY MATERIALS OR EQUIPMENT WITH LONG LEAD TIMES TO THE
EXTENT SUCH LONG LEAD ITEMS ARE NOT KNOWN BY LANDLORD PRIOR TO THE EXECUTION OF
THIS LEASE (PROVIDED, HOWEVER, THAT LANDLORD SHALL PROMPTLY NOTIFY TENANT OF THE
ESTIMATED AMOUNT OF DELAY ASSOCIATED WITH ANY SUCH LONG LEAD ITEM AND TENANT
SHALL HAVE THE OPTION TO CHANGE ITS SPECIFICATION SUCH THAT SUCH DELAY SHALL NOT
OCCUR, AND, IF SO, NO TENANT DELAY SHALL BE DEEMED TO HAVE OCCURRED AS A RESULT
OF SAID LONG LEAD TIME ITEM), (II) IN INSTANCES FOR WHICH THIS LEASE SPECIFIES
NO PERIOD IN WHICH TENANT SHALL ACT, ANY FAILURE BY TENANT TO RESPOND TO ANY
REASONABLE REQUEST FOR INFORMATION RELATING TO THE LANDLORD WORK OR OTHERWISE