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7 <br /> from delay or failure to observe or perform the terms and conditions of the Construction <br /> Contract nor anv warranty claims for failure to construct the Construction Work in <br /> • accordance with the provisions thereof. Landlord shall cooperate with Tenant in anv <br /> enforcement actions taken under the Construction Contract. If for anv reason this Lease <br /> Is terminated prior to commencement of the Construction Work: Tenant shall reimburse <br /> Landlord for one-half the cost of preoarine plans relating to the Construction Work. <br /> (2) Landlord's Improvements. Landlord shall cause to be performed and constructed certain <br /> work according to and to the extent provided in the specifications attached hereto and made <br /> mart hereof as Exhibit E and designated as"Landlord's Work". Landlord's Work shall be <br /> completed in a good and workmanlike manner using new materials of good quality and in <br /> compliance with all Applicable Laws.Preliminary plans for the Landlord's Work conforming <br /> to or consistent with the specifications of Landlord's Work shall be submitted to Tenant for <br /> its review within fifteen (15)days of the final signing of this Lease. Tenant shall have fifteen <br /> (15)days from the receipt thereof to review such preliminary plans. Failure to make written <br /> objections thereto within said fifteen (15)day period shall be deemed to constitute Tenant's <br /> approval thereof. If any such objections are made by Tenant within said period,Landlord and <br /> Tenant will attempt, in good faith, to make such changes therein to accommodate Tenant's <br /> needs, provided that Landlord shall not be required to incur any additional cost or expense <br /> in constructing modifications or changes requested by Tenant. The detailed plans and <br /> specifications of Landlord's Work shall conform with said preliminary plans <br /> reviewed by Tenant and with the specifications of Exhibit E. Any changes or modifications <br /> in such plans or specifications shall require Tenant's review and approval. In the event of <br /> such changes or modifications, Tenant shall have five (5) days from the receipt of such <br /> changes and modifications to review and comment on the same. Failure to comment within <br /> said period in writing shall be deemed to constitute Tenant's approval thereof. <br /> agmes ;Q pay the am-] Vast of 1 2 not to- excNed $167 C1gtS <br /> • <br /> " " <br /> pr@vid@ that all Shan ;6, cha g 6 `n the nos♦ of cancguction 2nd amandmantsthe <br /> T andlar-d shall ha no ol.liga♦ion or ns'h'1 ty♦o Tnna t f ♦h fa'1 f♦h • ct <br /> o vr>rt'eePvrmive:ee)-ry r earorre:vs erre eu:ra:Pv <br /> a" damages or- Glaims ;esuhing &@m delay o; failure to absetpM or- pef-f4g;ffi the ;eFM and <br /> r <br /> Tenant by taking <br /> possession of the Premises shall be conclusively deemed to have accepted Landlord's Work <br /> If for any reason this Lease <br /> is terminated prior to commencement of Landlord's Work,Tenant shall reimburse Landlord <br /> for one-half the cost of preparing plans relating to the Landlord's <br /> Work. Landlord and/or the contractor under the Construction Contract shall be responsible <br /> for and pay the cost of any asbestos removal and environmental contamination clean-up <br /> which is discovered on the Subject Parcel during the course of construction of Landlord's <br /> Work or the Construction Work. To the extent said contractor charges a oremium to <br /> assume responsibility for all environmental contamination clean-up under the Construction <br /> Contract such amount shall be paid by Landlord and shall be in addition to the $167,000 <br /> Landlord has agreed to pay for the Construction Work <br /> • (3)M Tenant's Improvements. Tenant shall have the right, at Tenant's sole cost and expense, to <br /> make permanent improvements to the Premises for Tenant's use thereof, pursuant to plans <br /> and specifications approved in advance by Landlord,which approval shall not be unreasonably <br /> withheld. Tenant shall submit to Landlord for review and approval its detailed plans and <br /> specifications for all improvements. Unless Landlord shall object thereto in writing within <br /> fifteen (15) business days of receipt of Tenant's plans and specifications, such plans and <br /> specifications shall be deemed approved by Landlord. If Landlord reasonably objects thereto, <br /> Tenant shall make such changes and modifications to its plans and specifications as Landlord <br /> shall reasonably require and resubmit the same for approval by Landlord using the same <br /> procedure and time limits as specified herein for the original submission thereof. Such <br /> procedure shall be followed until the plans and specifications are approved by Landlord. <br /> Once approved,Tenant's plans and specifications shall not be changed or modified without <br /> Landlord's prior written consent. Except as may otherwise be specifically provided in Article <br /> 12,Section C hereof,no work shall be done or fixtures or equipment installed by Tenant (1) <br /> 326559.9 Redlined VS to V7 9-27.96 6 <br />