Tenant’s Work 33.01 The parties hereto acknowledge that it is the intention of Tenant to make alterations to the Demised Premises in order to convert such premises to a state-of-the-art radiological facility and as a full-service radiation facility, In connection with such intention, Tenant shall within 90 days of the date hereof prepare plans and specifications to convert the space from their present condition as Tenant may determine subject to the approval of Landlord which shall not be unreasonably withheld. Such plans and specifications shall include, without limitation, sprinklers and all utility systems such as gas, water, telephone, electric and HVAC systems. The choice of architects, engineers, contractors, subcontractors and any other agents or independent contractors shall be made by Tenant subject to Landlord's prior written approval. Such approval shall not be unreasonably withheld or delayed. Tenant shall obtain all such permits and approvals as shall be necessary in order to complete Tenant's Work.
33.02 Subject to the provisions of Section 13.04, below, upon receiving Landlord's approval and upon receiving all such other approvals and permits necessary to complete the Tenant's Work for a radiological facility and as a full-service radiation facility, Tenant shall, subject to the revisions of Section promptly commence reconstruction of the Demised Premises. Tenant's Work shall be performed in compliance with all applicable federal, state, and municipal laws and the rules and regulations of the departments and bureaus having jurisdiction thereof and all such work shall be the subject of completion bonds in form and substance, and with such carriers, reasonably acceptable to Landlord. At the conclusion of Tenant's Work, Tenant shall obtain at its sole cost and expense a certificate of occupancy and all other permits and approvals necessary or appropriate authorizing the use of the Demised Premises as a full-service radiological facility.
33.03 Tenant acknowledges that Landlord or other Tenants may be performing other construction work within the Building during the time of Tenant's Work. The parties shall coordinate their respective work effort in order to complete all such work as promptly as possible.
33.04 Tenant shall cause Tenants plans to be prepared and shall cause Tenant's Work to be performed all at its own cost and expense and shall complete such work within twelve (12) months of the date hereof. Notwithstanding the foregoing, Tenant may elect to defer the installation of its linear accelerator or vault provided that if it shall make such election, then it shall: (a) promptly obtain all permits and approvals, other than building department approvals required for such installation, (b) finish all of the Demised Premises to the requirements of all applicable codes and regulations such that the final certificate of occupancy contemplated to be issued for the Demised Premises upon the completion of the work shall encompass and be applicable to the entirety of the Demised Premises, notwithstanding that no linear accelerator or vault of shall have been installed. Tenants Work shall be accomplished in a fashion and on a schedule which does not result in any delay in the issuance of certificates of occupancy for the Building and the Real Property or in reaching the Commencement Date. Should Tenant desire to install a linear accelerator at a later date, it shall do so in accordance with all of the terms and conditions of this Lease, including, without limitation, those provisions pertaining to non-interference with the usual business operations of any other Tenant in the Building.
33.05 Tenant shall remove or cause its builder to remove all tools, scaffolding, unused and discarded building materials, waste, debris and rubbish of any sort in, on or about the Demised Premises within a reasonable time during and after completion of Tenant's Work. During the time of Tenant's Work, Tenant shall cause its builder to keep the Demised Premises or any portion of the Real Property used by either of them, clean, free of hazardous or unsafe conditions, and protected from the elements.
33.06 Tenant's Work shall be subject to owners inspection and reasonable approval after completion to determine whether the same complies with the requirements set forth in this Lease and the plans and specifications approved by Landlord. Landlord shall bear no liability or responsibility arising out of its approval of the plans and specifications for Tenant's Work or the approval of Tenant's Work after completion, and such approvals shall not be deemed a waiver of any provision of this Lease.
33.07 Prior to the Commencement Date Landlord shall permit Tenant to have access to the Demised Premises at reasonable times and upon reasonable notice to Landlord to inspect and make measurements and prepare for or perform Tenant's Work, provided that such entry shall not in Landlord's reasonable judgment interfere with other work being conducted in the Building. Landlord shall not be required to furnish electricity, heat or other utility services to Tenant during said visits or during the course of construction.
33.08 If, prior to the Commencement Date, Tenant shall elect to place any of its fixtures or personal property in or about the Demised Premises, Landlord shall have no liability for any loss or damage to such fixtures, personal property or Building supplies including, without limitation, any and all medical equipment, unless such loss or damage results from the willful act of Landlord.
33.09 Tenant shall install its medical equipment at such times and in such manner so is not to disturb or interrupt the activities of other Tenants in the Building nor to disturb or interrupt other construction work which may be taking place in the Building during Tenant's Work.
33.10 Subject to the prior written consent of Landlord, Tenant, at Tenants sole cost and expense, may move the interior walls of the Demised Premises for the purposes of installation, repair, maintenance or removal of medical equipment. Such moving of walls shall not unreasonably affect utility services or plumbing and electrical lines in and to the Building or the Demised Premises and, if affected, Tenant shall as soon as practicable restore said utility services or plumbing and electrical lines to their operating condition immediately prior thereto. Tenant, at Tenants sole cost and expense, shall restore any interior walls moved pursuant to this paragraph to their condition prior to such moving and shall return all such walls to such condition as shall be equal to or better than that which existed prior to the moving.
33.11 In connection with Tenants use of the Demised Premises, Tenant shall insure that all x-ray, nuclear medicine, radiation equipment and other machinery and equipment to be installed in the Demised Premises is installed, used and maintained in compliance with all federal, state and municipal laws, ordinances and regulations governing the installation, use and maintenance of such machinery and equipment, as well as in accordance with manufacturers suggested repair and maintenance specifications, and shall not at any time use or occupy the Demised Premises in violation of the certificate of occupancy which will be issued for the Demised Premises upon the completion of Tenant's Work or of any certificate of occupancy which may be issued at any time thereafter. In addition, Tenant shall comply with all federal, state and municipal laws, ordinances, rules and regulations regarding handling and disposal of any nuclear or other waste or by products resulting from the installation, use or maintenance of Tenants nuclear medicine and other machinery and equipment. The representations, covenants and indemnities set forth in Exhibit C are incorporated herein as if fully set forth herein at length.
33.12 During the period in which Tenant's Work is performed, or in the event that Tenant at any time performs any construction or alteration of the Demised Premises, Tenant shall maintain builders risk insurance covering both personal injury and property damage liability as well as risks of damage and destruction during the course of any construction or alteration in such adequate amounts as shall be reasonably agreed upon by the parties. In addition, Tenant shall supply completed structures coverage reasonably agreed upon by the parties. At all times during any such period of construction, Tenant shall cause its contractors and subcontractors to maintain in effect statutory workers compensation and disability insurance and employers liability insurance in such adequate amounts as shall be reasonably agreed upon by the parties, and Tenant shall cause its contractors and subcontractors to provide Landlord with certificates of insurance showing that such coverages are in full force and effect. Tenant shall deliver to Landlord, at least 20 days prior to the time any insurance coverage provided for in this Lease is first required to be carried by Tenant, and thereafter at least 20 days prior to the expiration of any such policy, by either a duplicate original or a certificate of insurance and true copy of all policies procured by Tenant in compliance with its obligations hereunder together with evidence of payment therefor. All policies of insurance provided for in this Lease shall name Landlord, Tenant, and any holder of a mortgage or superior lease affecting the real property as additional named insureds and shall be adjusted with the insurance companies by Landlord. Except with respect to coverage for medical equipment, the proceeds of any such insurance shall be payable to Landlord.