Subtenants Improvements. Subtenant shall be solely responsible for all improvements that Subtenant desires to prepare the Subleased Premises for Subtenant’s use and occupancy thereof (“Subtenant Improvements”), which shall be carried out in accordance with the applicable provisions of the Master Lease as incorporated herein, including without limitation the consent of the Master Landlord and compliance with the terms of Schedule 1 to Exhibit C of the Master Lease. Sublandlord will have the right to approve the plans and specifications for any proposed Subtenant Improvements, as well as any contractors whom Subtenant proposes to retain to perform such work, and Sublandlord has approved such plans and specifications for the Subtenant Improvements attached hereto as Exhibit C (the “Approved Space Plans”), as well as P3 Construction and Remodeling, Inc. as Subtenant’s general contractor. Subtenant will submit all such information for Sublandlord’s review and written approval prior to commencement of any such work. Subtenant expressly acknowledges that Landlord or Sublandlord may require Subtenant to remove some or all of the Subtenant Improvements at the expiration or sooner termination of the Term; provided, however, that no such removal shall be required unless Landlord’s or Sublandlord’s consent requires such removal. The refrigerator and dishwasher to be installed in the Subleased Premises shall, following the expiration or earlier termination of this Sublease, be surrendered by Subtenant and remain in the Subleased Premises as the property of Sublandlord. Subtenant shall not, at any time prior to or during the Term, directly or indirectly employ, or permit the employment of, any contractor, mechanic or laborer in the Subleased Premises, whether in connection with any Subtenant Improvements or otherwise, if it knows that such employment will materially interfere or cause any material conflict with other contractors, mechanics, or laborers engaged in the construction, maintenance or operation of the Property by Landlord, Sublandlord, Subtenant or others. In the event of any such interference or conflict, Subtenant, upon demand of Sublandlord or Landlord, shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the Property immediately. Promptly following the completion of any Subtenant Improvements or subsequent alterations or additions by or on behalf of Subtenant, Subtenant will deliver to Sublandlord a reproducible copy of “as built” drawings of such work together with a CAD file of the “as-built” drawings in the then-current version of AutoCad.
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Subtenants Improvements. Subject to strict compliance by Subtenant with all terms and conditions of Article 6 of the Master Lease, Subtenant may complete Subtenant’s Improvements using architects, engineers, contractors, and subcontractors selected by Subtenant and approved by Sublandlord (which approval shall not be unreasonably withheld, conditioned or delayed). As used herein, “Subtenant’s Improvements” means the interior fit-out of the Subleased Premises, the plans for which are subject to Sublandlord’s prior approval (which approval shall not be unreasonably withheld, conditioned or delayed). So long as Subtenant shall not then be solely responsible for all improvements that Subtenant desires to prepare in default under this Sublease (including, by extension, the Subleased Premises for Subtenant’s use and occupancy thereof (“Subtenant Improvements”), which shall be carried out in accordance with the applicable incorporated provisions of the Master Lease as incorporated hereinLease), including without limitation after notice and the consent expiration of any applicable cure periods, Sublandlord will contribute up to Three Hundred Twenty-Three Thousand Five Hundred Fifty Dollars ($323,550) [i.e., $30.00 per rentable square foot] towards Subtenant’s actual, reasonable costs for Subtenant’s Improvements (the “Subtenant Improvement Allowance”). No more than ten percent (10%) of the Master Landlord foregoing Subtenant Improvement Allowance may be utilized for soft costs (including, without limitation, architect fees, engineering fees, and permitting fees). Sublandlord will pay the Subtenant Improvement Allowance to Subtenant within thirty (30) days following receipt of written request from Subtenant, which written request must include the following: (i) documents evidencing Subtenant’s architect’s self-certification of Subtenant’s Improvements, or a letter of completion from the City of New York Department of Buildings and all associated permit sign-offs for the Subtenant’s Improvements and the Subleased Premises, (ii) written certification from Subtenant that it has completed the Subtenant’s Improvements in their entirety and taken occupancy of the Subleased Premises (i.e., there shall be no “progress payments”), (iii) proof of final cost (e.g., AIA G702 or similar) from its general contractor or construction consultant, (iv) unconditional lien waivers from all contractors and subcontractors who rendered services or materials in connection with Subtenant’s Improvements, and (v) written certification from Subtenant that it is full compliance with this Sublease. So long as Subtenant shall not then be in default under this Sublease (including, by extension, the terms of Schedule 1 to Exhibit C incorporated provisions of the Master Lease. ), after notice and the expiration of any applicable cure periods, Sublandlord will have agrees to make an additional contribution of up to Sixty-Four Thousand Seven Hundred Ten Dollars ($64,710) [i.e., $6 per rentable square foot] towards the right to approve actual, reasonable costs of upgrading the plans and specifications for any proposed Subtenant Improvements, as well as any contractors whom Subtenant proposes to retain to perform such work, and Sublandlord has approved such plans and specifications for HVAC distribution within the Subtenant Improvements attached hereto as Exhibit C Subleased Premises (the “Approved Space PlansSupplemental Subtenant Improvement Allowance”), as well as P3 Construction and Remodeling, Inc. as . Such HVAC upgrades shall be considered part of Subtenant’s general contractor. Improvements and the Supplemental Subtenant will submit all such information for Sublandlord’s review Improvement Allowance shall be payable, if at all, pursuant to the same terms, conditions and written approval prior to commencement of any such work. Subtenant expressly acknowledges that Landlord or Sublandlord may require Subtenant to remove some or all of requirements as the Subtenant Improvements at the expiration or sooner termination of the Term; provided, however, that no such removal shall be required unless Landlord’s or Sublandlord’s consent requires such removal. The refrigerator and dishwasher to be installed Improvement Allowance set forth in the Subleased Premises shall, following immediately preceding paragraph. In no event shall the expiration Subtenant Improvement Allowance or earlier termination of this Sublease, be surrendered the Supplemental Subtenant Improvement Allowance paid exceed the actual costs incurred by Subtenant and remain in the Subleased Premises as the property of Sublandlord. Subtenant shall not, at any time prior to or during the Term, directly or indirectly employ, or permit the employment of, any contractor, mechanic or laborer in the Subleased Premises, whether in connection with any Subtenant Improvements or otherwise, if it knows that such employment will materially interfere or cause any material conflict with other contractors, mechanics, or laborers engaged in the construction, maintenance or operation of the Property by Landlord, Sublandlord, Subtenant or others. In the event of any such interference or conflict, Subtenant, upon demand of Sublandlord or Landlord, shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the Property immediately. Promptly following the completion of any Subtenant Improvements or subsequent alterations or additions by or on behalf of Subtenant, Subtenant will deliver to Sublandlord a reproducible copy of “as built” drawings of such work together with a CAD file of the “as-built” drawings in the then-current version of AutoCadwork.
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