MATERIALS STORAGE CONTAINER(S) WITHIN THE HAZARDOUS
MATERIALS STORAGE AREA FOLLOWING LANDLORD'S CONSTRUCTION THEREOF.
(K)
TRELLIS. LANDLORD AGREES TO INCLUDE AS PART OF THE LANDLORD'S
WORK, A CENTRAL PLANT ENCLOSURES SCREENING TRELLIS (THE "TRELLIS"). THE TRELLIS
SHALL BE INSTALLED PURSUANT TO PLANS, SPECIFICATIONS AND DRAWINGS DRAFTED BY
LANDLORD'S ARCHITECT AND APPROVED BY TENANT (WHICH APPROVAL SHALL NOT BE
UNREASONABLY WITHHELD, CONDITIONED OR DELAYED). NOTWITHSTANDING THE FOREGOING,
THE TRELLIS MAY BE INSTALLED AS PART OF LANDLORD'S FINISH WORK, PROVIDED THAT
LANDLORD CAUSES THE TRELLIS TO BE COMPLETED NO LATER THEN JANUARY 1, 2007.
4.
TENANT IMPROVEMENTS.
(A)
TENANT IMPROVEMENTS. OTHER THAN FUNDING THE TI ALLOWANCE AS
PROVIDED HEREIN AND DELIVERING THE LANDLORD'S WORK IN ACCORDANCE WITH THE TIME
REQUIREMENTS OF SECTION 2 OF THE LEASE, AND OTHERWISE IN ACCORDANCE WITH THE
WORK LETTER IN ORDER TO PERMIT TENANT TO CONSTRUCT THE TENANT IMPROVEMENTS,
LANDLORD SHALL NOT HAVE ANY OBLIGATION WHATSOEVER WITH RESPECT TO TENANT'S WORK,
EXCEPT AS EXPRESSLY PROVIDED IN THIS WORK LETTER. SUBJECT TO LANDLORD'S TIMELY
SATISFACTION OF ITS DELIVERY OBLIGATIONS SET FORTH IN SECTION 2 OF THE LEASE,
TENANT SHALL USE ITS COMMERCIALLY REASONABLE EFFORTS TO CAUSE THE TENANT
IMPROVEMENTS TO BE CONSTRUCTED TO A CONDITION PERMITTING TENANT TO BE ISSUED A
CERTIFICATE OF OCCUPANCY OR ITS EQUIVALENT ON OR BEFORE JANUARY 1, 2007.
(B)
TENANT'S SPACE PLANS. TENANT SHALL DELIVER TO LANDLORD SCHEMATIC
DRAWINGS AND OUTLINE SPECIFICATIONS (THE "TI DESIGN DRAWINGS") DETAILING
TENANT'S REQUIREMENTS FOR THE TENANT IMPROVEMENTS BY FEBRUARY 1, 2006. THE TI
DESIGN DRAWINGS SHALL BE SUBJECT TO THE PRIOR APPROVAL OF LANDLORD AND
LANDLORD'S ARCHITECT, WHICH APPROVAL SHALL NOT BE UNREASONABLY WITHHELD,
CONDITIONED OR DELAYED MORE THAN FIVE (5) BUSINESS DAYS AFTER RECEIPT THEREOF,
AND THEN ONLY IF THE TI DESIGN DRAWINGS WOULD CAUSE A DESIGN PROBLEM. LANDLORD
SHALL DELIVER TO TENANT THE WRITTEN OBJECTIONS, QUESTIONS OR COMMENTS OF
LANDLORD AND THE LANDLORD'S ARCHITECT, IF ANY, WITH REGARD TO THE TI DESIGN
DRAWINGS WITHIN SUCH TIME PERIOD. TENANT SHALL CAUSE THE TI DESIGN DRAWINGS TO
BE REVISED TO ADDRESS SUCH WRITTEN COMMENTS AND SHALL RESUBMIT SAID DRAWINGS TO
LANDLORD FOR APPROVAL IN ACCORDANCE WITH THE PRECEDING REQUIREMENTS. SUCH
PROCESS SHALL CONTINUE UNTIL LANDLORD HAS APPROVED THE TI DESIGN DRAWINGS. IF
LANDLORD FAILS TO RESPOND WITHIN THE FIVE (5) BUSINESS DAYS FOR LANDLORD'S
APPROVAL OR REASONABLE DISAPPROVAL OF THE TI DESIGN DRAWINGS, TENANT MAY PROVIDE
A SECOND NOTICE TO LANDLORD REQUESTING SUCH APPROVAL, AND IF SUCH SECOND NOTICE
DOES NOT RESULT IN TENANT'S RECEIPT WITHIN FIVE (5) BUSINESS DAYS OF LANDLORD'S
APPROVAL OR THE DESIGN PROBLEM CITED BY LANDLORD FOR ITS DISAPPROVAL, THEN SUCH
FAILURE TO RESPOND SHALL BE DEEMED LANDLORD'S APPROVAL OF THE SUBMITTED TI
DESIGN DRAWINGS.
(C)
WORKING DRAWINGS. NOT LATER THAN SEVENTY-FIVE (75) BUSINESS DAYS
FOLLOWING THE APPROVAL OF THE TI DESIGN DRAWINGS BY LANDLORD, TENANT SHALL CAUSE
TENANT'S ARCHITECT TO PREPARE AND DELIVER TO LANDLORD FOR REVIEW AND COMMENT
CONSTRUCTION PLANS, SPECIFICATIONS AND DRAWINGS FOR THE TENANT IMPROVEMENTS ("TI
CONSTRUCTION DRAWINGS"), WHICH TI CONSTRUCTION DRAWINGS SHALL BE PREPARED
6
substantially in accordance