|
4.2. Tenant's Work. Landlord shall deliver the Premises "as -is ". All work required for Tenant to open
<br />and operate in the Premises under the Tenant's Use as outlined in Section LI(c) shall be at Tenant's sole cost and
<br />expense.
<br />(a) Plans. Within sixty (60) days after the Effective Date, Tenant shall submit to Landlord two (2)
<br />copies of the complete plans and specifications (the "Tenant's Plans ") for the work Tenant deems necessary to
<br />prepare the Premises for occupancy by the Tenant (the "Tenant's Work "). Within thirty (30) days after Landlord's
<br />receipt of Tenant's Plans, Landlord shall notify Tenant of any failures of the Tenant's Plans to meet with Landlord's
<br />approval. Tenant shall, within ten (10) days after receipt of any such notice, cause the Tenant's Plans to be revised
<br />to the extent necessary to obtain Landlord's approval and to be resubmitted for Landlord's approval. When
<br />Landlord has approved the original or revised Tenant's Plans, Landlord shall initial and return one (1) set of
<br />approved Tenant's Plans (the "Approved Plans ") to Tenant. Tenant shall not commence Tenant's Work until
<br />Landlord has approved Tenant's Plans, which approval shall not be unreasonably withheld.
<br />Landlord's review and approval of Tenant's Plans shall not be deemed to be an assumption of
<br />responsibility by Landlord for the accuracy, sufficiency or propriety of Tenant's Plans, pursuant to applicable laws,
<br />rules, ordinances or regulations. If the Approved Plans are changed as a result of conditions placed on Tenant as a
<br />prerequisite to obtaining a permit, Tenant shall submit such changes to Landlord for approval, and Tenant shall not
<br />proceed further with the affected portions of Tenant's Work until Landlord has approved the changes. Such changes
<br />as are approved by Landlord shall become part of the Approved Plans.
<br />(b) Performance. Tenant shall, in a manner consistent with the Approved Plans: (i) install its
<br />leasehold improvements, trade fixtures and equipment; and (ii) complete all other Tenant's Work. Prior to
<br />performing Tenant's Work, Tenant shall: (i) obtain all permits. licenses and approvals required for Tenant to
<br />perform Tenant's Work; and (ii) deliver to Landlord: (a) copies of such permits, licenses and approvals; and (b)
<br />evidence reasonably satisfactory to Landlord that Tenant has procured workers' compensation, builder's risk,
<br />general liability, and personal and property damage insurance as Landlord reasonably may require. Tenant shall: (i)
<br />perform Tenant's Work: (a) in accordance with the Approved Plans and all permits, licenses and approvals; and (b)
<br />in a good and workmanlike manner and in compliance with all applicable laws, statutes, and/or ordinances and any
<br />applicable governmental rules, regulations, guidelines, orders, and/or decrees (the "Laws "); (ii) ensure that all
<br />contractors, subcontractors, laborers and suppliers performing work or supplying materials are paid in full; and (iii)
<br />observe and perform all of its obligations under this Lease (except its obligation to pay Rent) at all times after the
<br />Delivery Date through the Commencement Date.
<br />(c) Reserved.
<br />ARTICLE V.
<br />RENT.
<br />5.1. Rent. Commencing on the Effective Date, Tenant shall pay to Landlord, in lawful United States
<br />currency without notice, demand, deduction, set -off, counterclaim or recoupment, and without relief from valuation
<br />or appraisement laws, the Rent, as set forth in Section 1.2, including Base Rent plus the Additional Rent charges phts
<br />De..eentage Dent (as herein defined) (collectively, the "Rent "), together with any sales, use, or other taxes assessed
<br />thereon for the use and occupancy of the Premises. Rent shall be paid in monthly installments commencing as
<br />provided herein and thereafter during the entire Tenn or Extended Term on or before the fifteenth (15'h) day of each
<br />calendar month, in advance. Tenant's obligations under this Section 5.1 shall survive the Termination Date.
<br />5.2. Additional Rent. Commencing as provided in Section 5.1, Tenant shall pay to Landlord, as part
<br />of Rent, Additional Rent (the "Additional Rent "), all other sums, charges, and payments required to be paid by
<br />Tenant to Landlord under this Lease, whether or not the same are designated as Additional Rent including, but not
<br />limited to, Tenant's Pro Rata Share of the Center Expenses, as defined in Section 5.7(a). If any sum or charge is not
<br />paid at the time provided in this Lease, then it shall be collectible as Additional Rent with the next monthly
<br />installment of Rent; provided that nothing contained herein shall be deemed to suspend or delay the payment of such
<br />sum or charge, or to limit any right or remedy of Landlord with respect to its nonpayment.
<br />
|