THE LABOR FORCE WORKING IN THE BUILDING COMPLEX.
IF
TENANT MAKES ANY ALTERATIONS, TENANT AGREES TO CARRY "BUILDER'S ALL RISK"
INSURANCE IN AN AMOUNT APPROVED BY LANDLORD COVERING THE CONSTRUCTION OF SUCH
ALTERATIONS, AND SUCH OTHER INSURANCE AS LANDLORD MAY REQUIRE, IT BEING
UNDERSTOOD AND AGREED THAT ALL OF SUCH ALTERATIONS SHALL BE INSURED BY TENANT
PURSUANT TO ARTICLE 10 OF THIS LEASE IMMEDIATELY UPON COMPLETION THEREOF.
IN
ADDITION, LANDLORD MAY, IN ITS DISCRETION, REQUIRE TENANT TO OBTAIN A LIEN AND
COMPLETION BOND OR SOME ALTERNATE FORM OF SECURITY SATISFACTORY TO LANDLORD IN
AN AMOUNT SUFFICIENT TO ENSURE THE LIEN-FREE COMPLETION OF SUCH ALTERATIONS AND
NAMING LANDLORD AS A CO-OBLIGEE IF THE COST OF THE PROPOSED ALTERATIONS EXCEEDS
$500,000.
UPON COMPLETION OF ANY ALTERATIONS, TENANT SHALL (I) CAUSE A TIMELY
NOTICE OF COMPLETION TO BE RECORDED IN THE OFFICE OF THE RECORDER OF SAN DIEGO
COUNTY IN ACCORDANCE WITH THE TERMS OF SECTION 3093 OF THE CIVIL CODE OF THE
STATE OF CALIFORNIA OR ANY SUCCESSOR STATUTE, (II) DELIVER TO THE BUILDING
COMPLEX MANAGEMENT OFFICE A REPRODUCIBLE COPY OF THE "AS BUILT" DRAWINGS OF THE
ALTERATIONS, AND (III) DELIVER TO LANDLORD EVIDENCE OF PAYMENT, CONTRACTORS'
AFFIDAVITS AND FULL AND FINAL WAIVERS OF ALL LIENS FOR LABOR, SERVICES OR
MATERIALS.
8.3
PAYMENT FOR ALTERATIONS.
IF TENANT ORDERS ANY ALTERATIONS OR
REPAIR WORK DIRECTLY FROM LANDLORD, TENANT SHALL PAY TO LANDLORD, WITHIN THIRTY
(30) DAYS AFTER DEMAND, ALL CHARGES FOR SUCH WORK, INCLUDING A PERCENTAGE OF THE
COST OF SUCH WORK (SUCH PERCENTAGE TO BE ESTABLISHED ON A UNIFORM BASIS FOR THE
BUILDING) SUFFICIENT TO COMPENSATE LANDLORD FOR ALL OVERHEAD, GENERAL
CONDITIONS, FEES AND OTHER COSTS AND EXPENSES ARISING FROM LANDLORD'S
INVOLVEMENT WITH SUCH WORK.
IF TENANT DOES NOT ORDER ANY WORK DIRECTLY FROM
LANDLORD, TENANT SHALL REIMBURSE LANDLORD, WITHIN THIRTY (30) DAYS AFTER DEMAND,
FOR LANDLORD'S OUT-OF-POCKET COSTS AND EXPENSES INCURRED IN CONNECTION WITH
LANDLORD'S REVIEW OF SUCH WORK, PLUS A LANDLORD ADMINISTRATIVE FEE EQUAL TO FIVE
PERCENT (5%) OF THE TOTAL COST OF SUCH WORK.
8.4
LANDLORD'S PROPERTY.
ALL ALTERATIONS, IMPROVEMENTS AND FIXTURES
WHICH MAY BE INSTALLED OR PLACED IN OR ABOUT THE PREMISES, AND ALL SIGNS
INSTALLED IN, ON OR ABOUT THE PREMISES, FROM TIME TO TIME, SHALL BE AT THE SOLE
COST OF TENANT AND SHALL BE AND BECOME THE PROPERTY OF LANDLORD.
NOTWITHSTANDING THE FOLLOWING, LANDLORD MAY, BY WRITTEN NOTICE TO TENANT GIVEN
AT THE TIME LANDLORD CONSENTS TO THE ALTERATION, REQUIRE TENANT AT TENANT'S
EXPENSE TO REMOVE ANY ALTERATIONS FROM THE PREMISES AND REPAIR ANY DAMAGE TO THE
PREMISES AND BUILDING CAUSED BY SUCH REMOVAL.
IF TENANT FAILS TO COMPLETE SUCH
REMOVAL PRIOR AND/OR TO REPAIR ANY DAMAGE CAUSED BY THE REMOVAL OF ANY
ALTERATIONS BY THE END OF THE LEASE TERM, LANDLORD MAY DO SO AND MAY CHARGE THE
COST THEREOF TO TENANT.
ARTICLE 9
COVENANT AGAINST LIENS
Tenant has no authority or power to cause or permit any lien or encumbrance of
any kind whatsoever, whether created by act of Tenant, operation of law