LIABLE FOR DAMAGE TO OR REPLACEMENT OF
LANDLORD'S FINISH WORK RESULTING FROM THE CONCURRENT COMPLETION OF LANDLORD'S
FINISH WORK AND TENANT'S WORK, EXCEPT TO THE EXTENT ATTRIBUTABLE TO LANDLORD'S
OR ANY OF ITS EMPLOYEES' OR CONTRACTORS' ACTIVE NEGLIGENCE OR WILLFUL FAILURE TO
PERFORM SUCH WORK IN ACCORDANCE WITH GOOD CONSTRUCTION PRACTICES.
(H)
SCREENING SOLUTION; SEPARATE METERING. SUBJECT TO THE CONSENT OF
THE BUILDING 4757 TENANT, WHICH LANDLORD SHALL USE COMMERCIALLY REASONABLE
EFFORTS TO OBTAIN, AS PART OF LANDLORD'S WORK, LANDLORD SHALL INSTALL REASONABLE
SCREENING OF THE HAZARDOUS MATERIALS STORAGE CONTAINERS ASSOCIATED WITH BUILDING
4757 FROM VISIBILITY FROM THE BUILDING (THE "SCREENING SOLUTION") AND SHALL
CAUSE ALL UTILITIES AND SERVICES INCLUDING, WITHOUT LIMITATION, IRRIGATION AND
ELECTRICITY TO THE PROJECT TO BE SEPARATELY METERED FROM THE ADJACENT PARCEL ON
WHICH BUILDING 4757 IS LOCATED. THE DESIGN FOR AND MATERIALS TO BE USED IN
CONNECTION WITH THE SCREENING SOLUTION ARE MORE SPECIFICALLY DESCRIBED IN
SCHEDULE B HERETO.
(I)
EQUIPMENT YARD. AS PART OF THE CONSTRUCTION OF THE EQUIPMENT
YARD, LANDLORD SHALL INSTALL (AS PART OF THE LANDLORD'S WORK) ELECTRICAL
CONDUITS AND WATER SUPPLY PIPING BETWEEN THE BUILDING AND THE EQUIPMENT YARD IN
ACCORDANCE WITH THE LI PLANS, AND STORM DRAINS WITHIN THE EQUIPMENT YARD SHALL
BE INSTALLED IN ACCORDANCE WITH THE EXISTING BUILDING PERMITS AND THE LI PLANS.
ANY PROPOSED AND PERMITTED STORM DRAINS REQUIRING RELOCATION BY TENANT'S
ARCHITECT SHALL BE TREATED AS A CHANGE, WITH PERMIT APPROVAL TO BE OBTAINED AS
PART OF THE APPROVAL FOR THE TI CONSTRUCTION DRAWINGS (AS DEFINED BELOW) AND
PAID FOR BY TENANT, SUBJECT TO REIMBURSEMENT FROM THE TI FUND (AS DEFINED
BELOW).
5
(J)
HAZARDOUS MATERIALS STORAGE AREA. LANDLORD HAS OBTAINED PERMITTED
APPROVAL FROM THE CITY OF SAN DIEGO FOR THE LOCATION OF A HAZARDOUS MATERIALS
STORAGE AREA (AS SHOWN MORE SPECIFICALLY ON THE LI PLANS) ("HAZARDOUS MATERIALS
STORAGE AREA"), AND SHALL BE RESPONSIBLE AS PART OF LANDLORD'S WORK FOR
COMPLETING ONLY THOSE IMPROVEMENTS RELATING TO THE HAZARDOUS MATERIALS STORAGE
AREA SHOWN ON THE LI PLANS. IF THE LOCATION OF THE HAZARDOUS MATERIALS STORAGE
AREA AS SHOWN ON THE LI PLANS IS REQUIRED TO BE MOVED TO A DIFFERENT PART OF THE
PROJECT BY THE CITY OF SAN DIEGO OR REQUESTED TO BE MOVED TO A DIFFERENT PART OF
THE PROJECT BY TENANT, TENANT SHALL BE RESPONSIBLE FOR OBTAINING THE APPROVAL OF
THE CITY OF SAN DIEGO FOR THE ALTERNATE LOCATION OF THE HAZARDOUS MATERIALS
STORAGE AREA AND SHALL PAY LANDLORD FROM THE TI FUND THE DIFFERENCE IN EXPENSE
TO LANDLORD IN COMPLETING THE APPLICABLE PORTION OF LANDLORD'S WORK AT THE NEW
LOCATION AS COMPARED TO THE CURRENT LOCATION, IF ANY (THE PRESENTLY ANTICIPATED
EXPENSE TO LANDLORD FOR COMPLETING THE APPLICABLE PORTION OF LANDLORD'S WORK IS
THREE THOUSAND DOLLARS ($3,000). LANDLORD WILL COOPERATE WITH TENANT IN TENANT'S
EFFORTS TO OBTAIN APPROVALS FOR ANY LOCATIONS OUTSIDE THE CURRENT PERMITTED AND
APPROVED LOCATION FOR THE HAZARDOUS MATERIALS STORAGE AREA SHOWN ON THE LI
PLANS. TENANT SHALL BE RESPONSIBLE FOR ANY GOVERNMENTAL APPROVALS REQUIRED FOR
INSTALLATION OF HAZARDOUS