Common use of Construction and Alterations Clause in Contracts

Construction and Alterations. Following the end of the first Lease Year, subject to the rights of tenants under the Prior Leases, no construction shall be permitted in the Shopping Center (except on Pads "F," "G," "1" and "2" as shown on the Site Plan) during the months of October, November and December within 250 feet of the Premises, except for interior alterations not affecting the operations of any other occupant of the Shopping Center and except for emergency repairs. In the event of any substantial construction within the Shopping Center, Landlord shall designate a construction access route, staging and parking areas located so as to minimize interference with customers or the operations of other occupants of the Shopping Center and shall require erection of safety barriers as necessary and an opaque wall around the site of such construction of a size necessary to screen such construction from ground level view, subject to the rights of tenants under Prior Leases. With regard to any construction on Landlord's Premises, Landlord shall be solely responsible for any governmentally imposed impact fees, hook-up, connection, installation or tap-in fees and other, similar construction-related charges. Except as shown on the Site Plan, Landlord shall make no changes in the Common Areas located in Tenant's Preferred Area (including, without limitation, changes in the location of curbcuts, drive aisles, roadways, sidewalks or parking spaces or reduction of the parking ratio specified in paragraph 5) without Tenant's express written consent, which Tenant may, in its sole discretion, withhold. With respect to changes in the Common Areas in the rest of the Shopping Center, Tenant's prior written consent shall be required with respect to changes which would reduce the parking ratio below that required by paragraph 5 above, which consent may be withheld in Tenant's sole discretion.

Appears in 2 contracts

Sources: Lease (Basic Us Reit Inc), Lease (Basic Us Reit Inc)