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8.1. SR 03-21-2016
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8.1. SR 03-21-2016
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the Proposed Expansion Plans which are not acceptable to Tenant). In the event Tenant <br />disapproves such Proposed Expansion Plans, Landlord shall modify the same, taking into <br />account the reasons given by Tenant for such disapproval, and shall submit the revised Proposed <br />Expansion Plans to Tenant within ten (10) days after receipt of Tenant's initial disapproval. In <br />the event Tenant disapproves of the revised Proposed Expansion Plans, Tenant may proceed <br />pursuant to the terms of Section 26.4. <br />(c) If Tenant approves the Proposed Expansion Plans by written notice thereof to <br />Landlord, the Proposed Expansion Plans, as so approved by Tenant, shall become the "Final <br />Expansion Plans". With Final Expansion Plans, Landlord shall thereafter (i) cause the <br />Expansion Improvements as set forth on the Final Expansion Plans to be competitively bid to at <br />least three (3) licensed and bonded general contractors (the "Competitive Bids"), and (ii) use <br />commercially reasonable efforts to obtain (or cause the general contractor to obtain) approval of <br />the Final Expansion Plans by all governmental authorities having jurisdiction, including any <br />required permits. Promptly following Landlord's receipt of such Competitive Bids, Landlord <br />shall provide copies of the same to Tenant for Tenant's review and approval. In the event Tenant <br />does not approve of the Competitive Bids, Tenant may proceed pursuant to the terms of Section <br />26.4. <br />(d) If Tenant approves of the Competitive Bids by written notice thereof to Landlord, <br />Landlord and Tenant shall proceed to calculate and determine Monthly Rent for the Expansion <br />Area by using a mutually agreed upon formula based on the then -applicable Monthly Rent under <br />the Lease and the Competitive Bids. If Landlord and Tenant are unable to reach an agreement on <br />the determination of the amount of Monthly Rent that will be payable for the Expansion Area, <br />Tenant may proceed pursuant to the terms of Section 26.4. <br />(e) Subject to the foregoing, if Landlord and Tenant reach an agreement on the <br />determination of the amount of Monthly Rent for the Expansion Area, Landlord shall proceed, <br />following receipt of any and all required approvals and permits and at Landlord's sole cost and <br />expense (except as hereinafter provided), with construction of the Expansion Improvements with <br />reasonable diligence and with at least substantially the same or a comparable quality of materials <br />and workmanship with which the Building was constructed), and otherwise in accordance with <br />this Lease and Applicable Laws. In connection with the construction of the Expansion <br />Improvements, Landlord and its contractors shall use commercially reasonable efforts to <br />undertake such steps as may be practicable to prevent interference with Tenant's use and <br />enjoyment of the Building. Landlord shall pay for any and all costs of the Expansion <br />Improvements, including, without limitation, the Preliminary Expansion Plans, the Proposed <br />Expansion Plans, the Final Expansion Plans and related construction costs, all of which will be <br />used as a basis in determining the amount of Monthly Rent to be payable for the Expansion Area <br />as provided above. <br />(f) The Expansion Improvements shall be deemed to be substantially complete on the <br />date on which the Expansion Improvements are sufficiently completed such that Tenant can take <br />occupancy of the Expansion Area and a certificate of occupancy or any other required <br />governmental approval is issued in connection therewith ("Substantial Completion"). Upon <br />Substantial Completion of the Expansion Area, a representative of Landlord and a representative <br />of Tenant shall together inspect the Expansion Area and generate a punchlist of defective or <br />42 <br />
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