CONTRACTOR OR ANY OF ITS SUBCONTRACTORS, AGENTS OR EMPLOYEES IS DELAYING (OR MAY
DELAY) SUBSTANTIAL COMPLETION OF ANY OTHER WORK IN THE BUILDING OR IS PROCEEDING
OTHER THAN AS APPROVED BY LANDLORD PURSUANT TO TENANT'S APPROVED PLANS, THEN
LANDLORD SHALL NOTIFY TENANT THEREOF.
IF SUCH PARTY FAILS TO STOP SUCH ACTIVITY
WITHIN ONE (1) DAY, THEN LANDLORD SHALL HAVE THE RIGHT TO ORDER THE LEASEHOLD
CONTRACTOR OR ANY OF SUCH OTHER PARTIES TO IMMEDIATELY STOP WORK UNTIL SUCH TIME
AS LANDLORD DETERMINES THAT SUCH ACTIVITY WILL NOT AFFECT SUBSTANTIAL COMPLETION
OF THE OTHER WORK OR SO THAT THE CONSTRUCTION WILL PROCEED AS APPROVED BY
LANDLORD.
LANDLORD'S APPROVAL OF SUBCONTRACTORS. THE LEASEHOLD CONTRACTOR SHALL
EMPLOY FOR THE PERFORMANCE OF STRUCTURAL, MECHANICAL, FIRE AND LIFE-SAFETY,
ELECTRICAL AND PLUMBING WORK IN THE UNIFIED PREMISES, AND FOR ANY WORK AFFECTING
THE EXTERIOR OF THE BUILDING, ONLY THOSE SUBCONTRACTORS APPROVED BY LANDLORD,
WHICH APPROVAL SHALL NOT BE UNREASONABLY WITHHELD, CONDITIONED OR DELAYED;
PROVIDED, HOWEVER, SUCH APPROVAL SHALL NOT IMPLY OR EFFECTIVELY IMPOSE
SOLE-SOURCE PROCUREMENT WITH ANY PARTICULAR SUBCONTRACTOR OR SUBCONTRACTORS
EXCEPT WITH RESPECT TO THE EMPLOYMENT OF THE CONTRACTORS UNDER WARRANTY.
LEASEHOLD CONTRACTOR'S INSURANCE. THE LEASEHOLD CONTRACTOR AND ITS
SUBCONTRACTORS SHALL MAINTAIN INSURANCE COVERAGES AS SET FORTH ON SCHEDULE V
ATTACHED HERETO.
DISBURSEMENT OF THE IMPROVEMENTS ALLOWANCE. THE IMPROVEMENTS ALLOWANCE
SHALL BE DISBURSED AS SET FORTH IN PARAGRAPHS 7(A)-(C).
DISBURSEMENTS WILL BE
MADE BY LANDLORD FOLLOWING TENANT'S SUBMISSION OF A REQUISITION AND ANY
SUPPORTING DOCUMENTATION REASONABLY REQUIRED BY LANDLORD (WHICH REQUISITIONS
SHALL BE SUBMITTED NO MORE FREQUENTLY THAN MONTHLY). PROVIDED SUCH REQUISITION
AND SUPPORTING DOCUMENTATION ARE RECEIVED BY LANDLORD NO LATER THAN THE
TWENTY-FIFTH (25TH) DAY OF A CALENDAR MONTH, LANDLORD SHALL PAY THE AMOUNT OF
SUCH REQUISITION (UP TO THE AMOUNT OF THE IMPROVEMENTS ALLOWANCE) BY THE OF
TWENTY-FIFTH (25TH) DAY OF THE IMMEDIATELY-SUCCEEDING CALENDAR MONTH. ON A
PROGRESSIVE BASIS, WITH EACH REQUEST FOR A DISBURSEMENT OUT OF THE IMPROVEMENTS
ALLOWANCE, PROVIDED LANDLORD HAS DISBURSED THE IMPROVEMENTS ALLOWANCE TO THE
EXTENT THERETOFORE REQUIRED UNDER THIS WORK AGREEMENT, TENANT SHALL OBTAIN AND
DELIVER TO LANDLORD PROGRESSIVE LIEN WAIVERS WITH RESPECT TO ALL WORK PREVIOUSLY
PERFORMED IN THE UNIFIED PREMISES AND THE BUILDING FROM THE LEASEHOLD CONTRACTOR
AS WELL AS ANY OTHER CONTRACTORS EMPLOYED DIRECTLY BY TENANT.
REIMBURSEMENT BY TENANT OF UTILITY COSTS, ETC.
TENANT SHALL REIMBURSE
LANDLORD, WITHIN THIRTY (30) DAYS AFTER WRITTEN DEMAND, FOR THE COST OF ANY
UTILITIES OR SERVICES FURNISHED TO OR CONSUMED BY THE LEASEHOLD CONTRACTOR OR
ITS SUBCONTRACTORS IN THE COURSE OF PERFORMING WORK IN THE UNIFIED PREMISES,
WHICH COST IS HEREBY CONCLUSIVELY AGREED TO EQUAL EIGHT AND ONE-HALF CENTS
(8.5¢) PER RENTABLE SQUARE FOOT PER MONTH FOR EACH FLOOR ON WHICH THE LEASEHOLD
CONTRACTOR PERFORMS WORK DURING THE COURSE OF SUCH MONTH.
FINAL LIEN WAIVERS. UPON COMPLETION OF THE LEASEHOLD WORK, SIMULTANEOUSLY
WITH DISBURSEMENT OF THE FINAL INSTALLMENT OF THE IMPROVEMENTS ALLOWANCE THAT IS
TO BE PAID TO THE LEASEHOLD CONTRACTOR, TENANT SHALL OBTAIN AND DELIVER TO
LANDLORD FINAL UNCONDITIONAL LIEN WAIVERS WITH RESPECT TO ALL WORK PERFORMED IN