7.3 SR 03-01-2021 - Laserfiche WebLink

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(e) Monthly Rent for the Expansion Area shall be as determined by Landlord and Tenant pursuant to Section 26.2(d) above; (d) In addition to the Monthly Rent applicable thereto, Tenant shall pay Additional Rent and other charges in connection with the Expansion Area; and (e) Tenant's obligation to pay Monthly Rent, Additional Rent and other sums with respect to the Expansion Area in accordance with the Lease shall commence on Substantial Completion of the Expansion Improvements. 26A Tenant's Right to Construct Expansion Area Improvements; Expansion Area Rent Treatment. (a) Notwithstanding any provision in the Lease to the contrary, in the event any condition in Section 26.2 above is not satisfied (for example, if Tenant and Landlord are unable to agree on Preliminary Expansion Plans in accordance with Section 26.2(a)) so that Landlord elects not to construct the Expansion Area, and Tenant desires to nonetheless proceed with constructing the Expansion Improvements or other improvements for the Expansion Area, then Tenant may, at Tenant's sole cost and expense, proceed with constructing the Expansion Improvements or other improvements for the Expansion Area by: (i) preparing or causing to be prepared preliminary design plans and/or architectural and engineering plans for the improvements that Tenant desires to construct for the Expansion Area (which improvements must be for office, warehouse and manufacturing use with 32 foot clear ceilings, must be constructed with substantially the same or a comparable quality and style of materials with which the Building was constructed and may not adversely affect the appearance, use or functionality of the Building). Such plans must be approved by Landlord and Mortgagee, which approval will not be unreasonably withheld, conditioned or delayed. If Landlord or Mortgagee object to the plans, Landlord or Mortgagee will provide written notice of such objection to Tenant within ten (10) business days after receipt of the plans, or the plans will be deemed approved. If Landlord or Mortgagee should timely provide written objections to the plans, the parties agree to negotiate in good faith for a period of not less than thirty (30) days to attempt to resolve the objections. If the parties are unable to resolve the objections within such thirty (30) day period, then a deterinination of the final version of the plans will be made by an arbitrator pursuant to Section 26.4(c) below, initiated by written notice by either party to the other. However, the arbitrator will not be authorized or empowered to approve any plans calling for improvements which are not for office, warehouse and manufacturing use with 32 foot clear ceilings, constructed with substantially the same or comparable quality and style of materials with which the Building was constructed, or which adversely affect the appearance, use or functionality of the Building; 44