A MANNER THAT WILL NOT
INTERFERE WITH THE USE OR OCCUPANCY BY OTHER TENANTS OF THE BUILDING OF THEIR
RESPECTIVE PREMISES; AND (XIII) IN A MANNER THAT WILL NOT RISK DAMAGE TO THE
REMAINDER OF THE BUILDING; AND (XIV) IN ACCORDANCE WITH ALL REASONABLE
CONSTRUCTION RULES AND REGULATIONS FROM TIME TO TIME PROMULGATED BY LANDLORD.
PROMPTLY AFTER THE COMPLETION OF ANY ALTERATIONS, TENANT, SHALL AT ITS EXPENSE,
DELIVER TO LANDLORD THREE (3) SETS OF ACCURATE AS-BUILT DRAWINGS SHOWING SUCH
ALTERATIONS.
(B)
LANDLORD'S REVIEW AND/OR APPROVAL OF ANY PLANS AND SPECIFICATIONS
FOR TENANT'S ALTERATIONS SHALL NOT CONSTITUTE AN ASSUMPTION OF ANY
RESPONSIBILITY BY LANDLORD FOR THEIR ACCURACY, SAFETY OR SUFFICIENCY, AND SHALL
IN NO EVENT CREATE AN EXPRESS OR IMPLIED CONFIRMATION THAT EITHER TENANT'S PLANS
AND SPECIFICATIONS HAVE BEEN PREPARED IN ACCORDANCE WITH, OR THAT THE
ALTERATIONS SHOWN THEREON OR SPECIFIED THEREIN ARE IN ACCORDANCE WITH, LEGAL
REQUIREMENTS OR INSURANCE REQUIREMENTS.
9.3
TENANT SHALL INCLUDE LANDLORD IN ANY BID FOR ANY PROPOSED
ALTERATIONS IN EXCESS OF $35,000.00.
LANDLORD SHALL HAVE THE RIGHT, AT
LANDLORD'S OPTION, TO MAKE (OR TO CAUSE ITS DESIGNATED CONTRACTOR OR
SUBCONTRACTOR TO MAKE), AT A COST WHICH IS CUSTOMARY FOR THE GEOGRAPHIC AREA:
(I) ANY ALTERATIONS WHICH INVOLVE INTERACTION WITH THE BUILDING STRUCTURE AND
SYSTEMS, OR REQUIRE ALTERATIONS TO ANY PORTION OF THE BUILDING OUTSIDE OF THE
PREMISES; AND IN ANY SUCH CASE, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN,
AT TENANT'S SOLE COST AND EXPENSE, WHICH COSTS FOR SUCH ALTERATIONS SHALL BE
PAID, AS ADDITIONAL RENT, WITHIN THIRTY (30) DAYS FOLLOWING TENANT'S RECEIPT OF
AN INVOICE THEREFOR.
IF LANDLORD ELECTS NOT TO PERFORM SUCH WORK, THEN TENANT
SHALL PAY TO LANDLORD AS ADDITIONAL RENT, WITHIN THIRTY (30) DAYS AFTER RECEIPT
OF AN INVOICE THEREFOR, LANDLORD'S CONSTRUCTION SUPERVISION FEE OF THREE PERCENT
(3%) OF COST FOR THE PERFORMANCE OF WORK BY THIRD PARTIES WITHIN THE BUILDING.
9.4
TENANT AND TENANT'S AGENTS SHALL NOT DO ANY ACT OR MAKE ANY
CONTRACT WHICH PERMITS ANY LIEN OR OTHER ENCUMBRANCE UPON ANY INTEREST OF
LANDLORD OR ANY MORTGAGEE IN ANY PORTION OF THE PREMISES OR THE BUILDING, AND,
TO THE FULLEST EXTENT PERMITTED BY THE NEW JERSEY CONSTRUCTION LIEN LAW,
N.J.S.A. 2A:4A-1, ET SEQ., OR ANY OTHER APPLICABLE LEGAL REQUIREMENT,
F-21
LANDLORD'S CONSENT TO THE MAKING OF ANY ALTERATIONS SHALL NOT BE DEEMED AN
AGREEMENT BY LANDLORD TO SUBJECT LANDLORD OR ANY MORTGAGEE, OR ITS OR THEIR
INTEREST IN THE PREMISES OR THE BUILDING, TO ANY LIEN (AS HEREINAFTER DEFINED),
CHARGE OR ENCUMBRANCE WHICH MAY BE FILED IN CONNECTION WITH SUCH PERMITTED
ALTERATIONS.
IT IS EXPRESSLY AGREED THAT LANDLORD SHALL HAVE NO OBLIGATION TO
REVIEW ANY SUCH CONTRACTS (NOTWITHSTANDING THE FACT THAT SAME MAY HAVE BEEN
DELIVERED TO LANDLORD), IT BEING AGREED BY LANDLORD AND TENANT THAT, TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LEGAL REQUIREMENTS, ANY LIENS BY ANY
CONTRACTOR, SUBCONTRACTOR, CONSTRUCTION MANAGER, DESIGN PROFESSIONAL, SUPPLIER
OR OTHER PERSONS OR ENTITIES PROVIDING WORK, SERVICES, MATERIALS OR EQUIPMENT TO
TENANT OR FOR THE BENEFIT OF THE PREMISES PURSUANT TO SUCH