7.3 SR 03-01-2021 - Laserfiche WebLink

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the Lease and the Competitive Bids. If Landlord and Tenant are unable to reach an agreement on the determination of the amount of Monthly Rent that will be payable for the Expansion Area, Tenant may proceed pursuant to the terms of Section 26.4. (e) Subject to the foregoing, if Landlord and Tenant reach an agreement on the determination of the amount of Monthly Rent for the Expansion Area, Landlord shall proceed, following receipt of any and all required approvals and permits and at Landlord's sole cost and expense (except as hereinafter provided), with construction of the Expansion Improvements with reasonable diligence and with at least substantially the same or a comparable quality of materials and workmanship with which the Building was constructed), and otherwise in accordance with this Lease and Applicable Laws. In connection with the construction of the Expansion Improvements, Landlord and its contractors shall use commercially reasonable efforts to undertake such steps as may be practicable to prevent interference with Tenant's use and enjoyment of the Building. Landlord shall pay for any and all costs of the Expansion Improvements, including, without limitation, the Preliminary Expansion Plans, the Proposed Expansion Plans, the Final Expansion Plans and related construction costs, all of which will be used as a basis in determining the amount of Monthly Rent to be payable for the Expansion Area as provided above. (f) The Expansion Improvements shall be deemed to be substantially complete on the date on which the Expansion Improvements are sufficiently completed such that Tenant can take occupancy of the Expansion Area and a certificate of occupancy or any other required governmental approval is issued in connection therewith ("Substantial Completion"). Upon Substantial Completion of the Expansion Area, a representative of Landlord and a representative of Tenant shall together inspect the Expansion Area and generate a punchlist of defective or uncompleted items relating to the completion of construction of the Expansion Improvements (the "Punchlist"). Landlord shall, within a reasonable time after the Punchlist is prepared, complete such incomplete work and remedy such defective work as is set forth on the Punchlist. (g) Tenant shall have the right, prior to commencement of construction of the Expansion Improvements, to propose or request changes in the Final Expansion Plans subject to Landlord's approval, which approval will not be unreasonably withheld (an "Expansion Change Order"); provided that Tenant shall not request any change that would materially alter the scope of the Expansion Improvements or result in a delay in excess of sixty (60) calendar days in the occurrence of Substantial Completion of the Expansion Improvements. All Expansion Change Orders will be performed at the cost and expense of Tenant. 26.3 Expansion Area as Premises. Upon the Substantial Completion, the Expansion Improvements shall become part of the Premises, shall automatically be governed by all of the terms and provisions of this Lease and shall be deemed to be included in the definition of "Premises" for all purposes, with the following exceptions and modifications: (a) The Building shall be deemed to include the Expansion Improvements and shall be increased by the rentable square feet of the Expansion Improvements; (b) The term of the demise covering the Expansion Area shall be commensurate with the then -applicable Term of the Lease, including the Extension Periods, if applicable; 43