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ARTICLE III: CONSTRUCTION
<br />3.01 LANDLORD'S CONSTRUCTION:
<br />(A) Landlord shall. at its expense (except es maybe otherwise .-,pressly provided in EXH I BIT B) construct or cause
<br />to be constructed the building of which the Premises is apart in accordance with the Building Code of the jurisdiction in which
<br />the Premises is situated and shall perform the work described as "Landlord's Work" in EXHIBIT B hereto. It is a -pressly
<br />understood and agreed that Landlord's obligation with respect to construction of the Premises shall be limited to the scope
<br />delineated as Landlord's Work in EXHIBIT B and shall in no event include the performance, procurement and/or installation
<br />of those items of work. fixtures or equipment which are to be performed, procured or installed by Tenant.
<br />hereto, to be performed by the Tenant, to change the location of the Premises within the r area !o another
<br />location containing substantially the same number of square feet. . exercisedbytheLandlord bygiving notice
<br />to the Tenant a' the address first hereina s alhave the right, within Fifteen (IS) days of die rendering of said
<br />notice, to nodr1thtL&i:;d nung of Its intention to terminate the Lease. Otherwise, the Tenant shall be deemed to have
<br />3.02 FINANCING/CONSTRUCTION CONTRACT:
<br />(A) The Landlord shall not be obligated to proceed with the construction of the Premises, as set forth In Section 3.01
<br />hereof, unless end until financing acceptable to Landlord and/or until a Cully executed contract with a general contractor for the
<br />construction to be performed as set forth in Section 3.01 hereof has been obtained by Landlord. Should such frnsncing and/or
<br />construction contract not be obtainable within Eighteen (18) months after the execution of this Lease by Landlord. Landlord
<br />may so notify Tenant in writing, and this Lease shall thereupon cease and terminate and each of the parties hereto shall be
<br />released and discharged from any and all liability and responsibility hereunder. If Landlord can obtain financing or
<br />construction contract only upon the basis of modifications of the terms and provisions of this Lease, the Landlord shall have the
<br />right to cancel this Lease if the Tenant refuses to approve in writing any such modifications within Thirty (30) days after
<br />Landlord's request therefor. If such right to cancel is exercised, this Lease shall thereafter be null and void, any money or
<br />security deposited hereunder shall be returned to Tenant, and neither party shall have any liability to the other by reason of
<br />such cancellation.
<br />(B) Notwithstanding any provision contained in this Lease to the contrary, in the event construction of the Premises is
<br />not commenced within Twenty-four (24) months of the date hereof, either party may terminate this Lease by giving written
<br />notice to the other of its intention to do so at the address first hercinabove written. Receipt of such notice shall make this Lease
<br />null and void, and any money or security deposited hereunder shill be returned to the Tenant and neither party shall have any
<br />gabili�ty to the o ei b re on of said lermn a on. gSutch right
<br />�offentcermi�naahtiioonn n-ay, also bee? ssoo exercised
<br />in 03nREADY FOO C UPANCY: ouplet>.onlaill.gently $red with —all reasonable is patch.te3
<br />The Premises shall be deemed "Ready for Occupancy," under the lentil of this Lease, if Landlord has
<br />substantially completed Its work which can be accomplished prior to and independently of any construction or installation
<br />required to be performed by Tenant. In the event a dispute occurs as to whether or not Landlord's construction has been
<br />substantially completed, the certification of Landlord's architect or construction supervisor that Landlord's construction
<br />thereof is substantially complete, in accordance with the plans and specifications therefor, shall be conclusive and binding
<br />upon the parties hereto. Following Tenant's taking possession of the Premises and its completion of any construction or
<br />installation necessary to permit Landlu. d to complete Landlord's construction of the Premises, Landlord will carry forward its
<br />construction to completion. The failure by Tenant to give notice within Thirty (30) days of its taking possession of the
<br />Premises, specifying in detail those items of Landlord's construction which are not then substantially completed. shall be
<br />deemed conclusive that Tenant has accepted the Premises with all items of Landlord's construction substantially completed.
<br />The premises shall not be deemed lobe unready for Tenant's occupancy or incomplete if only minor or insubstantial details of
<br />construciion, decoration or mechanical adjustments remain to be done in the Premises or any pan thereof, or if the delay in the
<br />availability of the Premises for occupancy shall be due to any special work, changes, alterations or additions required or made
<br />by Tenant in the layout or finish of the Premises or any pan thereof or any delay caused, in whole or in pan. by Tenant and'or
<br />its agents, employees, or subtenants. As used in the preceding sentence, "special work" shall mean such facilities, work and
<br />materials as are not readily available in the open market and/or which will require an unusual or prolonged period of
<br />preparation, delivery or installation.
<br />3.04 TENANTS CONSTRUCTION:
<br />With the exception of the nbligations specifically set forth in Section 3.01 as Landlord's obligations, Tenant shall,
<br />at its own cost and expense, perform all work and complete all installations described as "Tenant's Work" In EXHIBIT B and
<br />fully equip the Premises with all trade fixtures, lighting fixtures, furniture, furnishings, fixtures, Boor coverings, storefontt
<br />signs, any special equipment and other items of construction and Personal Property necessary for the completion of the
<br />premises and the proper operation o: Tenant's business. All such items installed by Tenant shall be new. Tenant shall not du
<br />any construction work or alterations, nor shall Tenant install any equipment other than trade fixtures and Personal Property
<br />without first obtaining Landlord's written approval of the plans and specifications therefor. The approval by Landlord of such
<br />plans and specifications shall not constitute the assumption of any liability on the part of Landlord for their accuracy or their
<br />conformity with Building Code requirements, and Tenant shall be solely responsible for such plans. The approval by Landlord
<br />ofTenant's plans and specificationg*,aal1no! onetiwssb+vaiw+-byJ-andlordeFtbasi8l++tuMrwRacraquira-T+aaau°°+aa+d
<br />iha�xseaaprovidetoroxsir�ieAs-tFianinJatardissoveradby-I.a+sdlord-Tenant shall not commence any such work without first
<br />delivering to Landlord a certificate evidencing public liability and property damage insurance of the type and with the limits set
<br />forth in Section 6.01 hereof, as well as a Performance and Labor and Material Payment bond covering such work to be
<br />performed by Tenant, waning Landlord as an additional insured and in a form and issued by a surety company, as required by
<br />EXHIBIT B. in die event Tenant shall fail to complete any portion of its construction of the Premises or the installation or any
<br />equipment or other item:, to be installed therein as required by this Lease within the time periods set forth. Landirrd may. in
<br />addition to any other right:'. and rernedies it may then have, complete such construction or make such installatiors on behalf e
<br />and for the account of Ten::nt urm Five (5) dayi notice to Tenant of its intention to do so, and the cost in. aired by Landlord
<br />shall be deemed to be AridWaaal Rent due and payable with the next installment of Minimum Guarar teed Rent thereafter
<br />falling due. *once given, shall be contusive arld binding against the Lwidlord.
<br />3.O.9 LICENSE TO ENTER PREMISES:
<br />(A) Landlo;riortonotifyingTenantthntthePremisesisreadyforoccupancy,makethePremisesavailableto
<br />Tcaant for its work and installstions,,46 long as such work and installations do not interfere with the construction of the
<br />Promises by Landlord, but the Commencement Date shall nevertheless be determined as provided in Section 1.02 hereof. Any
<br />Permission by Landlord to Tenant to perform such work and make such installations shall not be construed as notice that
<br />Tenant may open its store for business contrary to the provisions of Section 3.04. Such right of entry shall be upon and
<br />abject to all the terms of this Lease, except obligations to pay Minimum Guaranteed Rent, Overage Rent and the items of
<br />Additional Rent under Section 2.09 and Section 2.14 hereof, from the date tSat the Premises is so made available until the
<br />Commencement Date, in the same manner ss though the Lease began when the Premises was so made ays0able to TeruurL Any
<br />*during sixf-y (60) consecutive days
<br />L - 6/79
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