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(as defined in the Lease) adjoining the same, to the extent used by Tenant, in a clean and orderly <br />condition during construction and may not use any space within the Center (except the Leased <br />Premises) for storage of material or equipment. <br />(viii) At any time and from time to time during the performance of <br />Tenant's Work, Landlord, Landlord's agent, Landlord's architect and/or Landlord's general contractor <br />may enter upon the Leased Premises and inspect the work being performed by Tenant and after ten <br />(10) days' notice to Tenant (except in the case of emergency) take such steps as are required by <br />Tenant's approved plans or by Laws to assure the proper performance by Tenant of Tenant's Work <br />in accordance with the approved plans and/or to protect the building and/or any leased premises <br />adjacent to the Leased Premises. In addition, Tenant's Work shall be performed in a thorough first- <br />class and workmanlike manner, shall incorporate only new or like new materials as approved by <br />Landlord on Tenant's plans and specifications as approved by Landlord, and new materials or like - <br />new materials at any other time during the Term and shall be in good and usable condition at the date <br />of completion. <br />(ix) Tenant's Work shall be coordinated with all work being performed or to be <br />performed by Landlord and other occupants of the Center such that Tenant's Work will not <br />interfere with the operation of the Center or interfere with or delay the completion of any other <br />construction within the Center. <br />(c) Construction Information. Prior to opening the Leased Premises for business <br />with the public, Tenant shall supply to Landlord the following: <br />(i) Properly issued permanent occupancy certificates, occupational <br />licenses and any other certificates evidencing acceptance or approval of the Leased Premises by <br />appropriate governmental authorities. <br />(ii) A set of as -built plans and specifications for Tenant's Work prepared <br />and sealed by Tenant's architect, together with names and addresses of Tenant's electrical, plumbing, <br />and other contractors. <br />(d) Construction Disputes. Any disagreement or dispute which arises between <br />Landlord and Tenant concerning Tenant's Work and which cannot be settled without the involvement of <br />a third party, the dispute shall be submitted to an independent architect, whose determination shall be <br />final and binding in resolving such dispute; provided, in the event Landlord and Tenant are unable to <br />agree upon the identity of such independent architect, then Landlord and Tenant shall each select one (1) <br />architect (with each party being responsible for the cost of the architect selected by such party) and the <br />two (2) selected architects shall select a third (architect and the decision of a majority of the architects <br />shall control and be final and binding on both Landlord and Tenant Landlord and Tenant shall each be <br />responsible for one-half ('/2) of the cost of said third (3'd) architect. <br />(e) Permit Contingency. Tenant will have the right to terminate the Lease if it is <br />unable to obtain all permits, variances and governmental approvals ("Permits") needed for the lawful <br />construction of its store built pursuant to Five Guys specifications and operation of its store within one <br />hundred twenty (120) days after the date Tenant's plans have been approved by Landlord. So long as Tenant <br />13 <br />