Common use of Building Improvements Clause in Contracts

Building Improvements. Landlord shall complete the following “Building Improvements”, as soon as reasonably possible after the date of this First Amendment but in no event later than September 1, 2011 (it being understood, that except as noted below, these Building Improvements will be charged to all tenants as Operating Expenses): (a) replace the outside warehouse man door in the Original Premises in the location shown on Exhibit A (Tenant shall not be charged for this item as Operating Expenses), (b) replace all or some portion of the exterior walkways in the location shown on Exhibit A so that the main entrance door to the Premises opens and closes completely in a manner free from interference by the exterior walkways (Tenant shall not be charged for this item as Operating Expenses), (c) repair or replace (including, without limitation, re-grading) the alleyway in the location shown on Exhibit A so as to avoid the water pooling outside of the door to the Premises and to otherwise repair the water leak into the Premises from the door and through the walls/sheetrock, (d) repair all damage caused from all water leaks into the Premises (including, without limitation, damage to the ceiling tiles, window ledges and/or sheetrock) (Tenant shall not be charged for this item as Operating Expenses), (e) repair the roof structure and roof covering so as to avoid future water leaks into and water damage to the Premises, and (f) replace the roof structure and roof covering to the extent necessary (in the reasonable discretion of Landlord) so as to avoid future water leaks into and water damage to the Premises (Tenant shall not be charged for this item as Operating Expenses). Landlord shall, as soon as reasonably possible, and in no event later than June 1, 2011, present to Tenant a proposal to remediate the issues set forth in items (d) and (e) above which proposal shall be reasonably satisfactory to Tenant. In addition, Landlord shall continue to maintain and keep in good repair and/or replace the roof structure and roof covering and any other portion of the Building as may be necessary to avoid water leaks and water damage to the Premises during the Extension Term (provided that replacements shall not be included in Operating Expenses). If, at any time during the Extension Term, Landlord shall receive notice from Tenant of the existence of a water leak into the Premises, Landlord shall diligently and expeditiously proceed to cause any such leak to be repaired, as soon as reasonably practicable, and in any event no later than thirty (30) days after notice from Tenant, subject to extension to a date that Landlord’s contractor reasonably estimates such repairs can be completed if Landlord’s contractor provides reasonable evidence to Landlord and Tenant that the repairs cannot then be completed due to weather conditions. In the event that any of the Building Improvements or other work described in this Section 8 are not completed within the time period required in this Section, Landlord shall be in default of the Lease and Tenant shall have all remedies available to Tenant under the Lease or otherwise at law or in equity.

Building Improvements. (a) Landlord shall complete covenants to spend or have spent, or cause its affiliates to spend or have spent, on or before June 30, 2020, no less than $25,000,000.00 in the following aggregate on improvements to the Building and/or Drexel Square as it exists on the date of this Lease (collectively, “Building Improvements”, as soon as reasonably possible after the date of this First Amendment but in no event later than September 1, 2011 (it being understood, that except as noted below, these Building Improvements will be charged to all tenants as Operating Expenses): (a) replace the outside warehouse man door in the Original Premises in the location shown on Exhibit A (Tenant shall not be charged for this item as Operating Expenses),. (b) replace all or some portion If this Lease is amended to expand the Premises to include at least 3 full floors of the exterior walkways Building above street level, and provided the originally named Tenant or a Permitted Transferee is paying Rent on at least 3 full floors of the Building above street level, there is no Event of Default which remains uncured, this Lease is in full force and effect, and the location shown on Exhibit A so Building Improvements that the main entrance door have been completed include improvements to the Premises opens east façade of the Building, then Tenant shall have the right to request that Landlord review north and closes completely south façade improvements proposed by Tenant. If such façade improvements are approved by Landlord, which approval Landlord may give or deny in its sole and absolute discretion (“Approved Façade Improvements”), Landlord shall provide Tenant with a manner free from interference by written estimate of the exterior walkways (total design and construction costs therefor. Within 30 days after Tenant’s receipt of such estimate, Tenant shall notify Landlord in writing as to whether Tenant approves or disapproves of the estimate, which approval shall not be charged for this item as Operating Expenses), (c) repair unreasonably withheld, conditioned, or replace (includingdelayed, without limitationprovided if no response is received within such 30-day period, re-grading) then Tenant shall be deemed to have disapproved the alleyway in the location shown on Exhibit A so as to avoid the water pooling outside of the door estimate and Landlord shall have no further obligation with respect to the Premises and to otherwise repair Approved Façade Improvement. However, if Tenant approves the water leak into the Premises from the door and through the walls/sheetrock, (d) repair all damage caused from all water leaks into the Premises (including, without limitation, damage to the ceiling tiles, window ledges and/or sheetrock) (Tenant shall not be charged for this item as Operating Expenses), (e) repair the roof structure and roof covering so as to avoid future water leaks into and water damage to the Premises, and (f) replace the roof structure and roof covering to the extent necessary (in the reasonable discretion of Landlord) so as to avoid future water leaks into and water damage to the Premises (Tenant shall not be charged for this item as Operating Expenses). Landlord shall, as soon as reasonably possible, and in no event later than June 1, 2011, present to Tenant a proposal to remediate the issues set forth in items (d) and (e) above which proposal shall be reasonably satisfactory to Tenant. In additionestimate within such 30-day period, Landlord shall continue cause the Approved Façade Improvements to maintain be completed in a commercially reasonable manner, provided the actual total design and keep in good repair and/or replace the roof structure and roof covering and any other portion construction costs of the Building Approved Façade Improvements (“Total Façade Costs”) shall be borne by Tenant and paid as follows: (i) Landlord shall advise Tenant in writing of the Total Façade Costs, and the date that is 30 days after the later of Tenant’s receipt of such writing and Landlord’s commencement of such Approved Façade Improvements is the “Payback Period Start Date”; (ii) Landlord shall amortize the Total Façade Costs on a straight-line basis with interest at 8% over the number of months in the Term from and after the Payback Period Start Date, and the resulting monthly amortized amount is referred to herein as the “Monthly Façade Increase”; (iii) commencing on the Payback Period Start Date, Tenant shall pay the Monthly Façade Increase as Additional Rent on the first day of each month of the Term; and (iv) Landlord may be necessary prepare and deliver to avoid water leaks Tenant an amendment to this Lease reflecting the foregoing. Tenant shall promptly execute and water damage return to Landlord the amendment for Landlord’s counter-signature, together with a check for the initial Monthly Façade Increase. If Tenant fails to execute or object to the Premises during the Extension Term (provided that replacements shall not be included in Operating Expenses). If, at any time during the Extension Term, Landlord shall receive notice from Tenant of the existence of a water leak into the Premises, Landlord shall diligently and expeditiously proceed to cause any such leak to be repaired, as soon as reasonably practicable, and in any event no later than thirty (30) amendment within 10 days after notice from Tenantreceipt, subject to extension to a date that Landlord’s contractor reasonably estimates such repairs can be completed if Landlord’s contractor provides reasonable evidence to Landlord and Tenant that the repairs cannot then be completed due to weather conditions. In the event that any of the Building Improvements or other work described in this Section 8 are not completed within the time period required in this Section, Landlord amendment shall be in default of deemed accepted by Tenant. Notwithstanding the Lease and foregoing, Tenant shall have all remedies available the option, by providing written notice of such when Tenant approves the estimate, to Tenant under elect to directly pay Landlord the Lease or otherwise at law or in equityTotal Façade Costs within 30 days following Landlord’s invoice therefor, together with copies of reasonable supporting documentation evidencing such costs.

Building Improvements. Landlord shall complete the following “Building Improvements”, as soon as reasonably possible after the date of this First Amendment but in no event later than September 1, 2011 (it being understood, that except as noted below, these Building Improvements will be charged to all tenants as Operating Expenses): (a) replace improve the outside warehouse man door in exterior face of the Original Premises in Building; (b) redesign and construct a new entrance to the location shown east face of the Building; (c) repair, restore, seal and restripe the parking lot; (d) remodel the Lobby space; (e) install appropriate landscaping on Exhibit A the Land and (f) install a monument sign for the Building including Tenant's name as the top billing sign, all shall be completed at Landlord's cost and expense. All of the foregoing work is herein called "Landlord's Work". Landlord shall cause plans and specifications for Landlord's Work to be completed and Landlord shall obtain a cost estimate from its contractor for the actual costs of the new entrance on or before August 14, 1997. Tenant shall have the right to approve such plans and specifications and cost estimates provided Tenant shall approve or give its reasons for disapproval on or before three (3) business days after Landlord shall deliver to Tenant such plans and specifications for approval. If Tenant shall not be charged for this item as Operating Expenses), (b) replace all approve such plans and specifications or some portion of the exterior walkways in the location shown on Exhibit A so that the main entrance door to the Premises opens and closes completely in a manner free from interference by the exterior walkways (cost estimate Tenant shall not be charged for this item give Landlord the reasons therefore and Landlord shall make such changes to such plans and specifications as Operating Expenses), (c) repair or replace (including, without limitation, re-grading) the alleyway in the location shown on Exhibit A so as to avoid the water pooling outside of the door to the Premises and to otherwise repair the water leak into the Premises from the door and through the walls/sheetrock, (d) repair all damage caused from all water leaks into the Premises (including, without limitation, damage to the ceiling tiles, window ledges and/or sheetrock) (are requested by Tenant. This process shall continue until Tenant shall approve such plans and specifications and cost estimate. If Landlord and Tenant do not be charged for this item as Operating Expenses), (e) repair agree on the roof structure Building plans and roof covering so as to avoid future water leaks into and water damage to the Premisesspecifications or cost estimate by August 19, and (f) replace the roof structure and roof covering to the extent necessary (in the reasonable discretion of Landlord) so as to avoid future water leaks into and water damage to the Premises (1997, then Tenant shall not be charged for have the right to terminate this item Lease by notice to Landlord. Such final plans and specifications as Operating Expenses). Landlord shall, as soon as reasonably possible, are approved by Tenant are herein called the "Building Plans and in no event later than June 1, 2011, present to Tenant a proposal to remediate the issues set forth in items (d) and (e) above which proposal shall be reasonably satisfactory to Tenant. In addition, Landlord shall continue to maintain and keep in good repair and/or replace the roof structure and roof covering and any other portion of the Building as may be necessary to avoid water leaks and water damage to the Premises during the Extension Term (provided that replacements shall not be included in Operating Expenses). If, at any time during the Extension Term, Landlord shall receive notice from Tenant of the existence of a water leak into the Premises, Landlord shall diligently and expeditiously proceed to cause any such leak to be repaired, as soon as reasonably practicable, and in any event no later than Specifications." Within thirty (30) days after notice from Tenant, subject to extension to a of the date that Landlord’s contractor reasonably estimates such repairs can be completed if Landlord’s contractor provides reasonable evidence to Landlord and Tenant that shall approve the repairs cannot then be completed due Building Plans and Specifications and cost estimates, Tenant shall pay to weather conditions. In Landlord the event that any amount of the Building Improvements cost estimate or other work described reimburse Landlord for the costs of construction of such improvements in this Section 8 are not completed within the time period required manner set out below. Provided that in this Section, lieu of paying such costs to Landlord at the option of Landlord or Tenant Landlord shall credit such amount due Landlord from Tenant against Tenant Allowance due Tenant from Landlord. Landlord shall cause Landlord's Work to be constructed in default of a good and workmanlike manner in accordance with the Lease Building Plans and Tenant shall have all remedies available to Tenant under Specifications on or before January 1, 1998 (the Lease or otherwise at law or in equity"Scheduled Building Completion Date").