TENANT IMPROVEMENTS & ALTERATIONS. a. Tenant hereby acknowledges that Landlord has met all of its obligations, if any, to construct tenant improvements for the Premises pursuant to the Lease. Landlord shall have no obligation to construct any tenant improvements to the Premises on behalf of Tenant during the Extended Term. b. Tenant shall refurbish the Premises (hereinafter referred to as "Refurbishments") in accordance with the plans to be prepared by Tenant and reasonably approved in final form by Landlord. The Refurbishments shall include, without limitation, repainting the Premises and installing new carpet throughout the Premises. In connection thereto, Landlord hereby grants to Tenant a "Refurbishment Allowance" of up to Ten and No/100 Dollars ($10.00) per square foot of space in the Premises (i.e., 14,194 square feet multiplied by $10.00 = $141,940.00), which Refurbishment Allowance shall be used only in connection with the cost of the Refurbishments. The Refurbishments shall be made and done in a good and workmanlike manner and with new materials satisfactory to Landlord by a contractor reasonably approved by Landlord in compliance with all of the terms and conditions of the Lease, and such Refurbishments shall be the property of Landlord and remain upon and be surrendered with the Premises at the expiration of the Term of the Lease; provided, however, at the expiration of the Term, Landlord may require the removal of any Refurbishment installed by Tenant and the restoration of the Premises and the Project to their prior condition, at Tenant's expense. c. The Refurbishment Allowance shall be disbursed to Tenant not more frequently than once per month based on disbursement requests submitted by Tenant to Landlord and certified by Tenant's architect. Such disbursement request shall set forth the total amount incurred, expended and/or due for each requested item less prior disbursements and a description of the work performed, and materials supplied and/or costs incurred or due with respect to each item for which disbursement is requested. Each such disbursement request shall be accompanied by invoices, vouchers, statements, affidavits, payroll records and/or other documents reasonably requested by Landlord, which substantiate costs incurred to justify such a disbursement, together with lien waivers for those contractors and materialmen providing construction services or materials. In addition, the disbursement shall be subject to inspection and approval of completed work by Landlord's construction engineer. In the event that the cost of the Refurbishments shall exceed Ten and No/100 Dollars ($10.00) per square foot of space in the Premises (i.e., 14,194 square feet multiplied by $10.00 = $141,940.00), then the cost of the Refurbishments shall include a construction supervisory fee equal to one percent (1%) of the hard cost of the Refurbishments payable to Landlord for the supervision of the construction of the Refurbishments; otherwise, no construction supervisory fee shall be payable in connection with the Refurbishments. In the event the cost of the Refurbishments exceeds the Refurbishment Allowance, Tenant shall pay from another source of funds the amount by which the cost of the Refurbishments exceeds the Refurbishment Allowance prior to any disbursement of the Refurbishment Allowance by Landlord. In the event the actual cost of the Refurbishments is less than the Refurbishment Allowance, then the unused portion of the Refurbishment Allowance shall not be paid or refunded to Tenant, but shall be available to Tenant as a credit against the next (following completion of the Refurbishments, if any) installments of Base Rent payable hereunder. The Refurbishment Allowance must be expended by Tenant on or before December 31, 2007. If the Refurbishment Allowance is not expended on or before December 31, 2007, the Refurbishment Allowance shall no longer be available to Tenant and Landlord shall have no further obligation to provide such Refurbishment Allowance to Tenant, provided, however, that at any time prior to December 31, 2007, and after Tenant has (i) completed the painting and carpet installation described in Section 9(b), above, and (ii) expended from the Refurbishment Allowance a minimum of Four and No/100 Dollars ($4.00) per square foot of space in the Premises (i.e., 14,194 square feet multiplied by $4.00 = $42,582.00) on the Refurbishments (which expenditure may include the foregoing paint and carpet installation), Tenant may elect to apply any remaining unused portion of the Refurbishment Allowance as a credit against installments of Base Rent next payable hereunder. d. Notwithstanding anything to the contrary set forth in Section 2.03 of the Lease, Tenant shall not be required to remove any Alterations at the expiration or sooner termination of the Term; provided, however, that Tenant may remove the Alterations to the extent that the same can be removed without causing material damage, and provided further that Tenant shall restore the Premises to their prior condition at Tenant’s sole expense. e. To the extent that the Landlord receives any notice from a governmental entity that the third floor common area of the Building is in violation of any requirement of the Americans with Disabilities Act ("ADA") and the Landlord is obligated pursuant to a final determination to undertake action in order to comply with ADA, then in such event Landlord agrees to undertake such remedial action. If such requirement was in effect as of the date hereof and such violation existed as of the date hereof, Landlord shall be responsible for the cost of curing such violation. If such requirement was not in effect as of the date hereof or such violation did not exist as of the date hereof, then the cost of curing such violation shall be included in Operating Expenses. To the extent that such notice requires action with regard to Tenant's particular use of the Premises, Tenant shall be obligated to undertake such action at Tenant's sole cost and expense. Tenant shall be solely responsible, at Tenant's sole cost and expense, for complying with all requirements of the ADA which relate to the interior of the Premises. f. If Landlord fails to respond in writing to Tenant's proper written request for Landlord's approval of any proposed Refurbishments, or of any contractor (in either case, a "First Request") within ten (10) days following Landlord's receipt of the First Request, then Tenant shall send to Landlord a second written request for Landlord's approval (the "Second Request") which such Second Request shall contain a statement in bold letters of a large font at the top such document stating that "Landlord's failure to respond to this document within five (5) business days will constitute Landlord's deemed approval of the Alterations [or contractor] requested herein." If Landlord fails to respond to the Second Notice within five (5) business days following Landlord's receipt of the Second Notice, then such failure shall be deemed to constitute Landlord's approval of the Alteration. The First Request and the Second Request shall include, and Landlord's response period contained in the foregoing sentences shall not commence, unless and until Landlord has received from Tenant all of the information reasonably necessary for the evaluation of Tenant’s written requests.
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TENANT IMPROVEMENTS & ALTERATIONS. a. Tenant hereby acknowledges that Landlord has met all of its obligations, if any, to construct tenant improvements for the Premises pursuant to the Lease. Landlord shall have no obligation to construct any tenant improvements to the Premises on behalf of Tenant during the Extended Term.
b. Tenant shall refurbish the Premises (hereinafter referred to as "Refurbishments") in accordance with the plans to be prepared by Tenant and reasonably approved in final form by Landlord. The Refurbishments shall include, without limitation, repainting the Premises and installing new carpet throughout the Premises. In connection thereto, Landlord hereby grants to Tenant a "Refurbishment Allowance" of up to Ten and No/100 Dollars ($10.00) per square foot of space in the Premises (i.e., 14,194 square feet multiplied by $10.00 = $141,940.00), which Refurbishment Allowance shall be used only in connection with the cost of the Refurbishments. The Refurbishments shall be made and done in a good and workmanlike manner and with new materials satisfactory to Landlord by a contractor reasonably approved by Landlord in compliance with all of the terms and conditions of the Lease, and such Refurbishments shall be the property of Landlord and remain upon and be surrendered with the Premises at the expiration of the Term of the Lease; provided, however, at the expiration extension of the Term, Landlord may require the removal of shall provide to Assignee an allowance for Assignee to complete any Refurbishment installed by Tenant and the restoration of desired “Alterations” to the Premises and equal to $23.00 per square foot (i.e., $815,419.00) (the Project to their prior condition, at Tenant's expense.
c. The Refurbishment Allowance shall be disbursed to Tenant not more frequently than once per month based on disbursement requests submitted “TI Allowance”). All such Alterations desired by Tenant to Landlord and certified by Tenant's architect. Such disbursement request shall set forth the total amount incurred, expended and/or due for each requested item less prior disbursements and a description of the work performed, and materials supplied and/or costs incurred or due with respect to each item for which disbursement is requested. Each such disbursement request shall be accompanied by invoices, vouchers, statements, affidavits, payroll records and/or other documents reasonably requested by Landlord, which substantiate costs incurred to justify such a disbursement, together with lien waivers for those contractors and materialmen providing construction services or materials. In addition, the disbursement Assignee shall be subject to inspection and approval of completed work by Landlord's construction engineer. In Landlord to the event that the cost extent required in Section 8 of the Refurbishments Original Lease and shall exceed Ten and No/100 Dollars ($10.00) per square foot be performed by Tenant as “Alterations” in accordance with the terms of space in the Premises (i.e., 14,194 square feet multiplied by $10.00 = $141,940.00), then the cost Section 8 of the Refurbishments Original Lease, provided in no event shall include a construction supervisory fee equal Assignee be required to one percent (1%) of the hard cost of the Refurbishments payable to Landlord post any bonds for the supervision of the construction of the Refurbishments; otherwise, no construction supervisory fee shall be payable in connection with the Refurbishments. In the event the cost of the Refurbishments exceeds the Refurbishment Allowance, Tenant shall pay from another source of funds the amount by which the cost of the Refurbishments exceeds the Refurbishment Allowance prior to any disbursement of the Refurbishment Allowance by Landlord. In the event the actual cost of the Refurbishments is less than the Refurbishment Allowance, then the unused portion of the Refurbishment Allowance shall not be paid or refunded to Tenant, but shall be available to Tenant as a credit against the next (following completion of the Refurbishments, if any) installments of Base Rent payable hereunder. The Refurbishment Allowance must be expended by Tenant on or before December 31, 2007. If the Refurbishment Allowance is not expended on or before December 31, 2007, the Refurbishment Allowance shall no longer be available to Tenant any such Alterations and Landlord Assignee shall have no further obligation to provide such Refurbishment Allowance to Tenant, provided, however, that at any time prior to December 31, 2007, and after Tenant has (i) completed the painting and carpet installation described in Section 9(b), above, and (ii) expended from the Refurbishment Allowance a minimum of Four and No/100 Dollars ($4.00) per square foot of space in the Premises (i.e., 14,194 square feet multiplied by $4.00 = $42,582.00) on the Refurbishments (which expenditure may include the foregoing paint and carpet installation), Tenant may elect to apply any remaining unused portion of the Refurbishment Allowance as a credit against installments of Base Rent next payable hereunder.
d. Notwithstanding anything to the contrary set forth in Section 2.03 of the Lease, Tenant shall not be required to remove any Alterations at the expiration or sooner earlier termination of the Term; provided, however, Lease unless Landlord shall notify Assignee at the time of its approval of such Alterations that Tenant may remove they must be removed at such time. The Work Letter included in the Original Lease as Exhibit C shall have no application to Assignee’s completion of any Alterations or Landlord’s disbursement of the TI Allowance. Subject to the extent that satisfaction of the same can be removed without causing material damageconditions precedent set forth below, and provided further that Tenant shall restore the Premises to their prior condition at Tenant’s sole expense.
e. To the extent that the Landlord receives any notice from a governmental entity that the third floor common area of the Building is in violation of any requirement of the Americans with Disabilities Act ("ADA") and the Landlord is obligated pursuant to a final determination to undertake action in order to comply with ADAnot earlier than January 1, then in such event Landlord agrees to undertake such remedial action. If such requirement was in effect as of the date hereof and such violation existed as of the date hereof2021, Landlord shall be responsible for disburse the cost of curing such violation. If such requirement was TI Allowance to Assignee in installments, not in effect as of the date hereof or such violation did not exist as of the date hereofmore often than once per month, then the cost of curing such violation shall be included in Operating Expenses. To the extent that such notice requires action with regard to Tenant's particular use of the Premises, Tenant shall be obligated to undertake such action at Tenant's sole cost and expense. Tenant shall be solely responsible, at Tenant's sole cost and expense, for complying with all requirements of the ADA which relate to the interior of the Premises.
f. If Landlord fails to respond in writing to Tenant's proper written request for Landlord's approval of any proposed Refurbishments, or of any contractor (in either case, a "First Request") within ten (10) days following Landlord's receipt of the First Request, then Tenant shall send to Landlord a second written request for Landlord's approval (the "Second Request") which such Second Request shall contain a statement in bold letters of a large font at the top such document stating that "Landlord's failure to respond to this document within five (5) business days will constitute Landlord's deemed approval of Assignee’s delivery to Landlord of a written draw request stating the amount of the Alterations [or contractor] requested herein." If Landlord fails TI Allowance Assignee desires to respond to the Second Notice within five (5) business days following Landlord's receipt of the Second Noticereimburse Assignee for costs incurred by Assignee for any Alterations, then such failure shall be deemed to constitute Landlord's approval of the Alteration. The First Request including signage, design and the Second Request shall includepermit fees, if any, and Landlord's response period contained in the foregoing sentences materials, contractor fees and costs (“Alterations Costs”). Assignee shall not commenceinclude with each such draw request, unless receipts and until Landlord has received from Tenant other evidence of payment for all such Alterations Costs for which reimbursement is requested by Assignee. Assignee must use all of the information reasonably necessary TI Allowance on or before December 31, 2021. If not, commencing January 1, 2022, Assignee may apply any remaining TI Allowance as a monthly credit towards Monthly Instalments of Rent in an amount not to exceed $25,000 per month until all unused portions of the TI Allowance have been applied towards Alterations or Rent. Landlord shall disburse the TI Allowance provided each of the following conditions has been met:(a) Assignee’s market capitalization as of December 31, 2020 exceeds $20,000,000, and (b) no Event of Default exists on January 1, 2021. Provided no Event of Default then exists, in the event the TI Allowance is not released in accordance with the above, commencing January 1, 2021, Base Rent shall be reduced by $8,331.00 per month for the evaluation duration of Tenant’s written requeststhe Extended Lease Term.
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TENANT IMPROVEMENTS & ALTERATIONS. a. 6.1 Landlord and Tenant hereby acknowledges that shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring (collectively, “Alterations”), without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. Subject to Landlord’s prior written approval, not to be unreasonably withheld, conditioned or delayed, and subject to applicable Laws and the terms and conditions of this Lease, Tenant will be allowed to have its Approved Contractor (defined herein) install, at Tenant’s sole cost and expense (i) fiber and telecommunications cabling to the Building to serve the Premises for Tenant’s use, (ii) an antenna on the roof of the Premises in a location designated by Tenant and subject to the reasonable approval Landlord, and (iii) a backup generator on a concrete pad to be installed by Tenant at its sole expense to the rear of and adjacent to the Premises in a location designated by Tenant and subject to the reasonable approval of Landlord, to the extent the foregoing items are reasonably necessary for Tenant’s business operations. If the backup generator requires a fuel tank, then Landlord has met shall have the right to approve of the fuel tank and Tenant shall comply with all applicable governmental or quasi-governmental laws, rules, regulations, orders, ordinances and codes applicable to same, and any reasonable rules imposed by Landlord regarding such tank. The cabling, antenna and backup generator (and concrete pad) will be included in the definition of its obligationsAlterations, except as otherwise provided herein. Any such Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work); and (v) subject to certain conditions of this Section 6.1. The conditions of this Section 6.1, if anyapplicable, may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated by Landlord; and (iii) remove all or part of the Alterations prior to construct tenant improvements or upon expiration or termination of the Term, as designated by Landlord in writing at the time of the work. If any work outside the Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors reasonably designated by Landlord. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, and excluding Tenant’s identification signage, cabling, rooftop antenna, and backup generator (including concrete pad) and all appurtenances, all Alterations that are fixtures and not Tenant’s Trade Fixtures and personal property shall upon installation become part of the realty and be the property of Landlord. Notwithstanding anything in this Lease to the contrary, Tenant will be obligated to remove Tenant’s identification signage, cabling, rooftop antenna and backup generator (including concrete pad) and all appurtenances on or before the expiration or earlier termination of the Term of this Lease, and repair and restore any damage to the Premises, Building or Property arising because of installation or removal of the foregoing items.
6.2 Before making any Alterations, Tenant shall submit to Landlord for Landlord’s prior approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer, a copy of the Premises construction contract, including the name of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy of the contractor’s license. Tenant shall reimburse Landlord upon demand for any reasonable expenses actually incurred by Landlord in connection with any Alterations made by Tenant, including reasonable fees charged by Landlord’s contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building to reflect the Alterations. Notwithstanding the foregoing to the contrary, reimbursement of Landlord’s expenses pursuant to the Lease. preceding sentence shall not exceed $500, except as follows: (i) if Landlord believes that its expenses to review Tenant’s plans and specifications for any Alterations will exceed $500, then Landlord shall notify Tenant of its estimate of such expenses; (ii) Tenant shall have ten (10) days after receipt of such notice to notify Landlord whether Tenant is willing to pay such expenses; (iii) if Tenant notifies Landlord within said ten (10) day period that Tenant will pay for such expenses, then Tenant shall be obligated to reimburse Landlord; and (iv) if Tenant notifies Landlord that Tenant is not willing to pay for such expenses, or if Tenant does not notify Landlord at all within said 10-day period, then Landlord shall have no obligation to construct review or approve the plans and specifications and Tenant shall not make the Alterations described in such plans and specifications. Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before commencement of any tenant improvements Alterations.
6.3 Tenant shall keep the Premises and the Property free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If any such lien attaches to the Premises or the Property, and Tenant does not cause the same to be released by payment, bonding or otherwise within thirty (30) days after the attachment thereof, Landlord shall have the right but not the obligation to cause the same to be released by payment of the lien or otherwise, and any sums expended by Landlord (plus Landlord’s actual reasonable additional administrative costs) in connection therewith shall be payable by Tenant on behalf demand with interest thereon from the date of expenditure by Landlord at the Interest Rate (as defined in Section 16.2 - Interest). Tenant during shall give Landlord at least ten (10) days’ notice prior to the Extended Termcommencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith.
b. 6.4 Subject to the provisions of Section 5 - Use and Compliance with Laws and the foregoing provisions of this Section, Tenant may install and maintain furnishings, equipment, movable partitions, business equipment and other trade fixtures (“Trade Fixtures”) in the Premises, provided that the Trade Fixtures do not become an integral part of the Premises or the Building. Tenant shall refurbish promptly repair any damage to the Premises or the Building caused by any installation or removal of such Trade Fixtures.
6.5 All signs, notices and graphics of every kind or character, visible in or from public view or the Common Areas or the exterior of the Premises, shall be subject to Landlord’s prior written approval, which Landlord shall have the right to withhold in its commercially reasonable discretion. Notwithstanding the foregoing and notwithstanding anything in Exhibit C attached hereto to the contrary, Tenant shall be permitted to install a large tenant identification sign on the exterior front of the Premises which shall be (hereinafter referred to as "Refurbishments"i) in accordance consistent with the plans to be prepared by Tenant and reasonably approved in final form by Landlord. The Refurbishments shall includesignage of other Building tenants, without limitationincluding size, repainting the Premises and installing new carpet throughout the Premises. In connection thereto, Landlord hereby grants to Tenant a "Refurbishment Allowance" of up to Ten and No/100 Dollars ($10.00ii) per square foot of space in the Premises (i.e., 14,194 square feet multiplied by $10.00 = $141,940.00), which Refurbishment Allowance shall be used only in connection with the cost of the Refurbishments. The Refurbishments shall be made and done in a good and workmanlike manner and with new materials satisfactory to Landlord by a contractor reasonably approved by Landlord in compliance with all applicable laws, codes, ordinances and regulations of governmental authorities having jurisdiction over the terms and conditions of the LeasePremises, (iii) installed by Tenant at its own expense, (iv) subject to Landlord’s reasonable approval, and such Refurbishments shall be the property of Landlord and remain upon and be surrendered with the Premises at (iv) removed by Tenant on or before the expiration of the Term of this Lease. Tenant shall repair any damage to the Lease; providedBuilding necessary because of installation or removal of such sign. Tenant will also be permitted to install vinyl lettering for Tenant identification on the front glass door for the Premises, however, at the expiration subject to Landlord’s reasonable approval of the Termsize, color and style of lettering. Tenant shall not place or maintain any banners whatsoever or any window décor in or on any exterior window or widow fronting upon any Common Areas or service area or upon any truck doors or service doors without Landlord’s prior written approval which Landlord may require shall have the removal right to grant or withhold in its commercially reasonable discretion. Any installation of any Refurbishment installed by Tenant and the restoration of signs or graphics on or about the Premises and Project shall be subject to any applicable governmental laws, ordinances, regulations and to any other requirements imposed by Landlord. Tenant shall remove all such signs and graphics at the termination of this Lease. Such installations and removals shall be made in such manner as to avoid injury to or defacement of the Premises, Building or Project to their prior conditionand any other improvements contained therein, at Tenant's expenseand Tenant shall repair any injury or defacement including, without limitation, discoloration caused by such installation or removal.
c. The Refurbishment Allowance 6.6 Prior to commencing any Work (defined in this Section 6.6), Tenant shall furnish to Landlord the name and address of all Contractors (defined in this Section 6.6) who will be, or are reasonably expected to be, performing any of the Work. All such Contractors shall be disbursed to Tenant not more frequently than once per month based on disbursement requests submitted licensed by Tenant to Landlord the City of Minneapolis, Minnesota and certified by Tenant's architect. Such disbursement request shall set forth the total amount incurred, expended and/or due for each requested item less prior disbursements and a description of the work performed, and materials supplied and/or costs incurred or due with respect to each item for which disbursement is requested. Each such disbursement request shall be accompanied by invoices, vouchers, statements, affidavits, payroll records and/or other documents reasonably requested approved by Landlord, which substantiate costs incurred to justify approval shall not be unreasonably withheld, and the business manager of the applicable local AFL-CIO Building and Construction Trades Council (“BCTC”) (when approved by Landlord and the BCTC, such a disbursement, together with lien waivers for those contractors and materialmen providing construction services or materials. In addition, the disbursement Contractor shall be subject an “Approved Contractor”). Prior to inspection and approval of completed work by Landlord's construction engineer. In commencing the event that the cost of the Refurbishments Work, Tenant shall exceed Ten and No/100 Dollars ($10.00) per square foot of space in the Premises (i.e., 14,194 square feet multiplied by $10.00 = $141,940.00), then the cost of the Refurbishments shall include a construction supervisory fee equal to one percent (1%) of the hard cost of the Refurbishments payable also furnish to Landlord for the supervision approval, not to be unreasonably withheld, a copy of the construction contract(s), including all amendments, change orders and modifications thereof, for the construction and installation of the Refurbishments; otherwise, no construction supervisory fee shall be payable in connection Work (“Construction Contract”). Tenant agrees to comply with the Refurbishments. In following Quality Contractor Policy and shall cause the event Construction Contract to contain provisions requiring the cost Contractor (and all of its subcontractors) to comply with the Refurbishments exceeds following Quality Contractor Policy when performing its work and when selecting any subcontractors to perform the Refurbishment Allowancework: All contractors and subcontractors at any tier performing any construction, Tenant shall pay from another source repair, refurbishment or restoration (collectively, “Work”), including, without limitation, tenant improvements, build-out, alterations, additions, improvements, renovations, repairs, remodeling, painting and installations of funds the amount by which the cost of the Refurbishments exceeds the Refurbishment Allowance prior fixtures, mechanical, electrical, plumbing, data, security, telecommunication, low voltage or elevator equipment or systems or other equipment, or with respect to any disbursement of other construction work in, on, or to the Refurbishment Allowance Premises or the Project (including any such work performed by Landlord. In the event the actual cost of the Refurbishments is less than the Refurbishment Allowance, then the unused any person who contracts to provide services to any portion of the Refurbishment Allowance shall not be paid Premises or refunded to TenantProject, but shall be available to Tenant such as a credit against the next cable, DSL, communications, telecommunications or similar services) (following completion of the Refurbishmentscollectively, if any“Contractors”) installments of Base Rent payable hereunder. The Refurbishment Allowance must be expended by Tenant on or before December 31, 2007. If the Refurbishment Allowance is not expended on or before December 31, 2007, the Refurbishment Allowance shall no longer be available to Tenant and Landlord shall have no further obligation to provide such Refurbishment Allowance to Tenant, provided, however, that at any time prior to December 31, 2007, and after Tenant has shall: (i) completed be bound by and signatory to a collective bargaining agreement with a labor organization (a) whose jurisdiction covers the painting type of work to be performed on the Project, and carpet installation described in Section 9(b), above, (b) who is an “Approved Building Trades Department Contractor or Subcontractor;” and (ii) expended from observe area standards for wages and other terms and conditions of employment, including fringe benefits. For purposes hereof, an “Approved Building Trades Department Contractor or Subcontractor” is a contractor or subcontractor who is currently affiliated with the Refurbishment Allowance Building and Construction Trades Department of the AFL-CIO (the “BCTD”) or, if no such BCTD-affiliated contractor or subcontractor is available for a minimum of Four particular trade (e.g., carpentry work), a contractor or subcontractor which is affiliated with a national trade union which was formerly affiliated with the BCTD and No/100 Dollars which recognizes ($4.00) per square foot of space in the Premises (i.e.and will recognize and respect, 14,194 square feet multiplied by $4.00 = $42,582.00) for its work on the Refurbishments (which expenditure may include the foregoing paint and carpet installationProject), Tenant the jurisdictional limitations established by the local BCTD. Contractors may elect to apply not engage any remaining unused portion subcontractor that does not satisfy the provisions of the Refurbishment Allowance as a credit against installments of Base Rent next payable hereunder.
d. Notwithstanding anything to the contrary set forth in Section 2.03 of the Leaseclauses (i) and (ii) above. If at any time Contractor or subcontractor does not satisfy clauses (i) and (ii) above, Tenant such Contractor and subcontractor shall not be required to remove any Alterations at the expiration or sooner termination of the Term; provided, however, that Tenant may remove the Alterations to the extent that the same can be removed without causing material damage, and provided further that Tenant shall restore the Premises to their prior condition at Tenant’s sole expensean Approved Contractor.
e. To the extent that the Landlord receives any notice from a governmental entity that the third floor common area of the Building is in violation of any requirement of the Americans with Disabilities Act ("ADA") and the Landlord is obligated pursuant to a final determination to undertake action in order to comply with ADA, then in such event Landlord agrees to undertake such remedial action. If such requirement was in effect as of the date hereof and such violation existed as of the date hereof, Landlord shall be responsible for the cost of curing such violation. If such requirement was not in effect as of the date hereof or such violation did not exist as of the date hereof, then the cost of curing such violation shall be included in Operating Expenses. To the extent that such notice requires action with regard to Tenant's particular use of the Premises, Tenant shall be obligated to undertake such action at Tenant's sole cost and expense. Tenant shall be solely responsible, at Tenant's sole cost and expense, for complying with all requirements of the ADA which relate to the interior of the Premises.
f. If Landlord fails to respond in writing to Tenant's proper written request for Landlord's approval of any proposed Refurbishments, or of any contractor (in either case, a "First Request") within ten (10) days following Landlord's receipt of the First Request, then Tenant shall send to Landlord a second written request for Landlord's approval (the "Second Request") which such Second Request shall contain a statement in bold letters of a large font at the top such document stating that "Landlord's failure to respond to this document within five (5) business days will constitute Landlord's deemed approval of the Alterations [or contractor] requested herein." If Landlord fails to respond to the Second Notice within five (5) business days following Landlord's receipt of the Second Notice, then such failure shall be deemed to constitute Landlord's approval of the Alteration. The First Request and the Second Request shall include, and Landlord's response period contained in the foregoing sentences shall not commence, unless and until Landlord has received from Tenant all of the information reasonably necessary for the evaluation of Tenant’s written requests.
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