Common use of Improvements by Tenant Clause in Contracts

Improvements by Tenant. 9.1 Tenant shall not make or allow to be made an alterations, installations, additions or improvement in or to the Leased Premises, or place heavy furniture or equipment within the Leased Premises, without Landlord prior written consent, which consent shall not be unreasonably withheld or delayed. Any such alterations, additions or improvements to the Leased Premises shall be governed by the following terms: (a) No such alteration, addition or improvement shall lessen the fair market value of the Leased Premises or the Building and all such improvements are performed in class and quality at least equal to the original construction work; (b) All work for any such alteration, addition or improvement shall be performed by a contractor approved by Landlord prior to the commencement of the work, and Landlord shall approve the construction contract which shall be between the Tenant and the approved contractor; (c) Prior to the commencement of work on any such alteration, addition or improvement, Tenant shall procure, at its own cost and expense, all necessary permits; furthermore, the plans and specifications covering the same will have been submitted to and approved by (I) Landlord, (ii) all municipal or other governmental departments or agencies having jurisdiction over the subject matter thereof, and (iii) any mortgagee having an interest in or lien upon the Leased Premises or the Building if required by the terms of the mortgage, it being understood that Landlord will not unreasonably refuse to join in any application to any such mortgagee or governmental agency to obtain such approval with respect to any reasonable alteration, addition or improvement; (d) In carrying out all such alterations, additions and improvements, Tenant shall comply with the standards, guidelines and specifications imposed by all municipal or other governmental departments and agencies having jurisdiction over the same, including without limitation, all building codes; (e) Prior to the commencement of work on any such alteration, addition or improvements, Tenant shall have procured and delivered to Landlord the policy of Builder's Risk insurance hereinafter referred to in Section 21.2 hereof or additional fire and extended coverage insurance as required by Section 21.3 hereof, whichever is applicable; (f) All work shall be completed promptly and in a good and work▇▇▇ like manner and shall be performed in such a manner that no mechanics, materialmens or other similar liens shall attach to Tenant's leasehold estate, and in no event shall Tenant permit, or be authorized to permit, any such liens or other claims to be asserted against Landlord or Landlord's rights, estate and interest with respect to the Leased Premises or the Building; and at the completion of all work Tenant shall obtain waivers of mechanics and materialmens liens from all persons performing work on or on furnished material to the Leased Premises; and

Improvements by Tenant. 9.1 Tenant shall not make or allow to be made an any alterations, installations, additions or improvement in or to the Leased Premises, or place safes, vaults or any other heavy furniture or equipment within the Leased Premises, without Landlord prior written consent, which consent shall not be unreasonably withheld or delayed. Any such alterations, additions or improvements to the Leased Premises shall be governed by the following terms: (a) No such alteration, addition or improvement shall lessen lessens the fair market value of the Leased Premises or the Office Building and all such improvements are performed in class and quality at least equal to the original construction work; ; (b) All work for any such alteration, addition or improvement shall be performed by a contractor approved by reasonably satisfactory to Landlord prior to the commencement of the work, and Landlord shall approve the construction contract which shall be between the Tenant and the approved contractor; ; (c) Prior to the commencement of work on any such alteration, addition or improvement, Tenant shall procure, at its own cost and expense, all necessary permits; furthermore, the plans and specifications covering the same will have been submitted to and approved by (Ii) Landlord, (ii) all municipal or other governmental departments or agencies having jurisdiction over the subject matter thereof, and (iii) any mortgagee having an interest in or lien upon the Leased Premises or the Office Building if required by the terms of the mortgage, it being understood that Landlord will not unreasonably refuse to join in any application to any such mortgagee or governmental agency to obtain such approval with respect to any reasonable alteration, addition or improvement; ; (d) In carrying out all such alterations, additions and improvements, Tenant shall comply with the standards, guidelines and specifications imposed by all municipal or other governmental departments and agencies having jurisdiction over the same, including without limitation, all building codes; ; (e) Prior to the commencement of work on any such alteration, addition or improvements, Tenant shall have procured and delivered to Landlord the policy of Builder's Risk insurance hereinafter referred to in Section 21.2 hereof or additional fire and extended coverage insurance as required by Section 21.3 hereof, whichever is applicable; ; (f) All work shall be completed promptly and in a good and work▇▇▇▇▇▇▇ like manner and shall be performed in such a manner that no mechanicsmechanic's, materialmens materialmen's or other similar liens shall attach to Tenant's leasehold estate, and in no event shall Tenant permit, or be authorized to permit, any such liens or other claims to be asserted against Landlord or Landlord's rights, estate and interest with respect to the Leased Premises or the Office Building; and at the completion of all work Tenant shall obtain waivers of mechanics mechanic's and materialmens materialmen's liens from all persons performing work on or on furnished material to the Leased Premises; and (g) Any such alteration, addition or improvement made by Tenant pursuant to the terms hereof shall, at the expiration of the term hereof become and remain the property of Landlord, provided, however, that Landlord may, at its option and upon notice to Tenant not less than ninety (90) days prior to such expiration, require Tenant to remove any such alterations, additions, and improvements and to restore the Leased Premises to their condition as at the beginning of the term hereof, reasonable wear and tear, taking by eminent domain and damage due to fire or other casualty insured against excepted.

Improvements by Tenant. 9.1 In the event Tenant shall not desires, for Tenants own use and benefit, or is required to make any repairs, utility installations or allow to be made an alterations, installations, additions or improvement other Improvements in or to the Leased Premises, or place heavy furniture or equipment within and the Leased Premisestotal project cost will exceed $500, without Landlord prior written consent, which consent all such work shall not be unreasonably withheld or delayed. Any such alterations, additions or improvements to comply with the Leased Premises shall be governed by the following termsfollowing: (a) No such alterationAll work shall be performed at Tenants sole cost and expense, addition or improvement shall lessen the fair market value of the Leased Premises or the Building by bonded contractors approved by Landlord, in strict accordance with plans and all such improvements are performed in class and quality at least equal to the original construction work; specifications approved by Landlord. (b) All Tenant, shall submit to Landlord, prior to commencement of work on any improvements, complete plans and specifications, including engineering, mechanical, electrical and plumbing work, in such detail as Landlord may require and in compliance with all Applicable Laws and Building standards, certified by both a licensed registered architect and a licensed registered professional engineer and including interior and exterior sample boards Illustrating the materials to be used for floor and wall coverings, countertops, lighting fixtures, signage, and other furnishings proposed to be installed by Tenant in or upon the Premises. As soon as reasonably possible thereafter, Landlord shall notify Tenant of any failure of Tenants plans and specifications or interior or exterior sample board to meet with Landlord’s approval. Tenant, within five (5) days after receipt of any such alterationnotice, addition shall cause Tenant’s plans and specifications or improvement sample boards to be revised and resubmitted to Landlord for Landlord’s approval. Tenant shall be performed by a contractor not commence any work upon or within the Premises until (i) Landlord has approved by Landlord prior to the commencement of the workTenant’s plans and specifications and interior and exterior sample boards, and (ii) Tenant has provided Landlord shall approve with evidence satisfactory to landlord that the construction contract which shall Insurance coverage described in Article 11 and required to be between the maintained by Tenant and the approved contractor; is in effect. (c) Prior to the commencement of any work on or delivery of any such alteration, addition materials to the Premises or improvementthe Building, Tenant shall procurefurnish to Landlord for approval the names and addresses of all contractors and subcontractors, copies of all contracts, necessary permits and licenses, certificates of insurance and instrument of Indemnification and waivers of lien against any and all costs, claims, expenses, damages and liabilities which may arise in connection with such work, all in such form and amount as are satisfactory to Landlord. Landlord shall have the right to require Tenant to deliver to Landlord cash or other security acceptable to Landlord, in amount and form acceptable to Landlord (which may include but not be limited to a payment and performance bond), to hold as security for the prompt payment for, and to insure the completion of, the Improvements. Upon completion of such Improvements, Tenant shall furnish Landlord with contractors’ affidavits accompanied by full and final waivers of lien, receipted bills covering all labor and materials expended and used in connection with such work, and copies of all permits which are required to evidence the proper completion of such work All such work shall comply with all insurance requirements and with all Applicable Laws and all occupancy permits applicable to the Premises, and be done in a good and workmanlike manner, and with the use of good grades of materials: (d) Landlord shall have the right to engage, at its own Tenant’s sole cost and expense, an architect or project manager of Landlord’s choice (herein called “Landlord’s Designee”) to approve all necessary permitsplans and specifications on Landlord’s behalf, and to supervise the progress of the construction of the Improvements, including disbursement of payments to contractors, subcontractors, suppliers, materialmen and laborers; furthermoreprovided, however, that Tenant’s total cost and expense for Landlord’s Designee with respect to supervision of construction of the Improvements shall not exceed two percent (2%) of the total cost of the Improvements, and provided further that nothing herein contained shall be deemed to impose any liability or obligation on Landlord or Landlord’s Designee, and nothing herein contained shall be deemed to release Tenant from any of Tenant’s obligations under the terms of this Lease. (e) Tenant hereby agrees that (i) no payments will be made by Tenant or Tenant’s lender (in the event such Improvements are financed by a lender) to Tenant, its contractors, subcontractors, suppliers, laborers or materialmen without prior written authorization from Landlord or Landlord’s Designee, and that a certificate of such disbursement shall be provided to Landlord or Landlord’s Designee; (ii) Tenant shall instruct-the lender or disbursing agent of construction moneys that lender shall retain from each application for draw certificate a retainage of ten percent (10%), including fees of Landlord’s Designee and of Tenants architect, pending- final completion and inspection by Landlord of the Improvements; and (iii) upon completion of Improvements, Tenants lender or disbursing agent of construction moneys shall provide Landlord or Landlord’s Designee with a certification that there are no unpaid contractors, subcontractors, suppliers, materialmen or laborers, or other claims, costs or expenses unpaid or unprovided for as a result of construction of the Improvements. (f) Upon completion of the Improvements, Tenant’s architect shall certify to Landlord in writing that such Improvements have been completed in accordance with the plans and specifications covering the same will have been submitted to and approved by (I) Landlord, (ii) all municipal or other governmental departments or agencies having jurisdiction over the subject matter thereoffree of any liens, and (iii) any mortgagee having an interest in or lien upon the Leased Premises or the Building if required by the terms of the mortgage, it being understood that Landlord will not unreasonably refuse to join in any application to any such mortgagee or governmental agency to obtain such approval with respect to any reasonable alteration, addition or improvement; (d) In carrying out all such alterations, additions and improvements, Tenant shall comply with the standards, guidelines and specifications imposed by all municipal or other governmental departments and agencies having jurisdiction over the same, including without limitation, all building codes; (e) Prior to the commencement of work on any such alteration, addition or improvements, Tenant shall have procured and delivered to Landlord the policy of Builder's Risk insurance hereinafter referred to in Section 21.2 hereof or additional fire and extended coverage insurance as required by Section 21.3 hereof, whichever is applicable; (f) All work said certificate shall be completed promptly and in a good and work▇▇▇ like manner and shall be performed in such a manner that no mechanics, materialmens or other similar liens shall attach subject to Tenant's leasehold estate, and in no event shall Tenant permit, or be authorized to permit, any such liens or other claims to be asserted against approval by Landlord or Landlord's rights, estate and interest with respect ’s Designee. Improvements to be made by Tenant hereunder shall not restrict access by Landlord or Landlord’s agents or engineers’ for the Leased purpose of structural inspection and/or repair from time to time. Landlord shall be permitted to leave within the Premises or the Building; and at the completion of all work Tenant shall obtain waivers of mechanics and materialmens liens unobtrusive monitoring devices which Landlord’s engineer may inspect from all persons performing work on or on furnished material time to the Leased Premises; andtime.