OR ANY OTHER WORK, LABOR, SERVICES OR MATERIALS
DONE FOR OR SUPPLIED TO TENANT, OR ANY PERSON CLAIMING THROUGH OR UNDER TENANT,
INCLUDING, WITHOUT LIMITATION, SECURITY INTERESTS IN ANY MATERIALS, FIXTURES OR
ARTICLES SO INSTALLED IN AND CONSTITUTING PART OF THE PREMISES AND AGAINST ALL
COSTS, EXPENSES AND LIABILITIES INCURRED IN CONNECTION WITH ANY SUCH LIEN OR
ENCUMBRANCE OR ANY ACTION OR PROCEEDING BROUGHT THEREON.
TENANT, AT ITS
EXPENSE, SHALL PROCURE THE SATISFACTION OR DISCHARGE OF RECORD OF ALL SUCH LIENS
AND ENCUMBRANCES WITHIN TWENTY (20) DAYS AFTER TENANT SHALL HAVE RECEIVED NOTICE
OF THE FILING THEREOF.
HOWEVER, NOTHING HEREIN CONTAINED SHALL PREVENT TENANT
FROM CONTESTING, IN GOOD FAITH AND AT ITS OWN EXPENSE, ANY NOTICE OF VIOLATION,
PROVIDED THAT TENANT SHALL COMPLY WITH THE PROVISIONS OF SECTION 8.02 HEREOF.
11.08
TENANT WILL PROMPTLY UPON THE COMPLETION OF AN ALTERATION DELIVER TO
LANDLORD "AS-BUILT" DRAWINGS AND CAD FILES ON DISKETTE AND BY E-MAIL IN
AUTOCAD.DWG FORMAT OR COMPATIBLE DXF FORMAT, AS WELL AS PDF FILES ON DISKETTE
AND BY E-MAIL IN JPG OR TIFF FORMAT, SHOWING THE EXACT NATURE AND LOCATION OF
ANY ALTERATIONS TENANT HAS PERFORMED OR CAUSED TO BE PERFORMED IN THE PREMISES,
AND (A) IF ANY ALTERATIONS BY TENANT ARE THEN PROPOSED OR IN PROGRESS, TENANT'S
DRAWINGS AND SPECIFICATIONS, IF ANY, FOR SUCH ALTERATIONS AND (B) IF ANY
ALTERATIONS BY LANDLORD FOR TENANT WERE PERFORMED OR ARE THEN PROPOSED OR IN
PROGRESS, THE "AS-BUILT" DRAWINGS, IF ANY, OR THE DRAWINGS AND SPECIFICATIONS,
IF ANY, AS THE CASE MAY BE, FOR SUCH ALTERATIONS, IN TENANT'S POSSESSION.
ANY
FILES TO BE DELIVERED TO LANDLORD BY E-MAIL AS SET FORTH IN THE PRECEDING
SENTENCE SHALL BE SENT TO:
TENANT.PLAN@BROOKFIELDPROPERTIES.COM.
38
11.09
ALL FIXTURES AND EQUIPMENT INSTALLED OR USED BY TENANT IN THE
PREMISES SHALL BE FULLY PAID FOR BY TENANT IN CASH AND SHALL NOT BE SUBJECT TO
CONDITIONAL BILLS OF SALE, CHATTEL MORTGAGE OR OTHER TITLE RETENTION AGREEMENTS.
11.10
TENANT SHALL KEEP RECORDS OF TENANT'S ALTERATIONS COSTING IN EXCESS
OF FIFTY THOUSAND AND 00/100 DOLLARS ($50,000.00) AND OF THE COST THEREOF.
TENANT SHALL, WITHIN FORTY-FIVE (45) DAYS AFTER DEMAND BY LANDLORD, FURNISH TO
LANDLORD COPIES OF SUCH RECORDS AND COST IF LANDLORD SHALL REQUIRE SAME IN
CONNECTION WITH ANY PROCEEDING TO REDUCE THE ASSESSED VALUATION OF THE REAL
PROPERTY, OR IN CONNECTION WITH ANY PROCEEDING INSTITUTED PURSUANT TO ARTICLE 8
HEREOF OR FOR ANY OTHER REASONABLE PURPOSE.
11.11
SUBJECT TO LANDLORD'S REASONABLE APPROVAL OF TENANT'S PLANS AND
SPECIFICATIONS THEREFOR, AND TENANT'S COMPLIANCE WITH THE OTHER PROVISIONS OF
THIS ARTICLE 11, LANDLORD'S CONSENT SHALL NOT BE UNREASONABLY WITHHELD WITH
RESPECT TO TENANT'S CONSTRUCTION OF (A) SHOWER ROOM(S) IN THE PREMISES
CONTAINING UP TO TWO (2) SHOWERS PER FULL FLOOR OF THE PREMISES, AND (B) HIGH
DENSITY FILE ROOMS AND, IF AND WHEN APPLICABLE, INTERCONNECTING STAIRS BETWEEN
TWO CONTIGUOUS FLOORS COMPRISING THE PREMISES.
11.12
LANDLORD SHALL REASONABLY COOPERATE, AT NO COST TO LANDLORD, WITH
TENANT WITH RESPECT TO TENANT'S APPLICATIONS FOR ANY GOVERNMENTAL APPROVALS AND
CERTIFICATES REQUIRED IN CONNECTION WITH