Common use of INITIAL LEASEHOLD IMPROVEMENTS Clause in Contracts

INITIAL LEASEHOLD IMPROVEMENTS. 8.1 The Premises shall include the standard leasehold improvements described in Exhibit 3 ("Standard Leasehold Improvements"). The Standard Leasehold Improvements shall be provided at Landlord's cost. The design and construction of all initial leasehold improvements to the Premises beyond those described in Exhibit 3 shall be at Tenant's sole cost and expense. 8.2 Tenant shall deliver to Landlord, no later than February 15, 1985 ("Plan Submittal Date"), a detailed floor plan layout, together with final plans, specifications and working drawings for initial leasehold improvements to the Premises desired by Tenant, and the name of Tenant's proposed contractor ("Tenant's Plans"). Tenant shall provide Landlord with a certificate of public liability and property damage insurance carried by Tenant's purposed contractor naming Landlord as an additional insured. Landlord shall, within 15 days after receipt thereof, notify Tenant in writing of Landlord's approval of Tenant's Plans or Landlord's disapproval together with the reasons for disapproval. If Landlord disapproves Tenant's Plans, Tenant shall revise and resubmit Tenant's Plans for Landlord's approval within fifteen (15) days after notice of disapproval; and this process shall continue until Tenant's plans are approved by Landlord. If Tenant's Plans are not submitted by the Plan Submittal Date, or if Tenant's Plans are not approved by the fortieth (40th) Business Day (a "Business Day" begin a day other than a Saturday, Sunday or public holiday) after the Plan Submittal Date, Landlord may, at its option, terminate this Lease. 8.3 After approval of Tenant's Plans by Landlord, Tenant shall be responsible for completing the initial leasehold improvements in accordance with said Plans and in compliance with all of the terms and conditions set forth in Sections 9 and 10 of this Lease (except that the time for Tenant to submit Tenant's Plans to Landlord and the time for Landlord to approve or disapprove said Plans shall be as provided in Section 7.2).

INITIAL LEASEHOLD IMPROVEMENTS. 8.1 The Premises shall include be completed and prepared for Tenant's occupancy by Landlord, in accordance with the standard leasehold Approved Floor Plan and the Tenant Improvement Specifications which shall be prepared by Tenant's architect and provided to Landlord for approval and in quantities to facilitate Landlord's ability to secure at least two (2) construction bids for the work to be performed. Landlord will obtain Tenant's approval of each such bid proposed to be accepted by Landlord and the construction contract (the "Construction Contract") to be entered into between Landlord and the contractor (the "Contractor") who will construct and install the improvements described in Exhibit 3 to the Premises (the "Standard Initial Leasehold Improvements"). The Standard Landlord will pay the Contractor $56,487 towards the facilities, materials and work for the Initial Leasehold Improvements to be furnished, installed and performed in the Premises by Contractor ("Landlord's Allowance"). The balance of the amount payable to the Contractor for such facilities, improvements, materials and work for the Initial Leasehold Improvements which the Contractor shall be provided complete under such Construction Contract between such Contractor and Landlord, shall be paid for by Tenant (the "Tenant Work Payment"), one-half at Landlord's cost. The design the time Tenant approves such Construction Contract and construction one-half upon the substantial completion of all initial leasehold the installation of the Initial Leasehold Improvements at the Premises by the Contractor (including the completion of such improvements to the Premises beyond those described in Exhibit 3 shall be at Tenant's sole cost and expense. 8.2 Tenant shall deliver to Landlord, no later than February 15, 1985 ("Plan Submittal Date"), a detailed floor plan layout, together with final plans, specifications and working drawings for initial leasehold improvements to extent that it allows the Premises desired by Tenant, and the name installation of Tenant's proposed contractor ("PET scanner as per the manufacturer's requirements) and promptly upon receipt of an invoice from Landlord therefor. In addition, all costs incurred to equip, decorate and furnish the Premises for Tenant's Plans"). Tenant occupancy shall provide Landlord with a certificate of public liability and property damage insurance carried be paid by Tenant's purposed contractor naming Landlord as an additional insured. Landlord shall, within 15 days after receipt thereof, notify Tenant in writing of Landlord's approval of Tenant's Plans or Landlord's disapproval together with the reasons for disapproval. If Landlord disapproves Tenant's Plans, Tenant shall revise and resubmit Tenant's Plans for Landlord's approval within fifteen (15) days after notice of disapproval; and this process shall continue until Tenant's plans are approved by Landlord. If Tenant's Plans are not submitted by the Plan Submittal Date, or if Tenant's Plans are not approved by the fortieth (40th) Business Day (a "Business Day" begin a day other than a Saturday, Sunday or public holiday) after the Plan Submittal Date, Landlord may, at its option, terminate this Lease. 8.3 After approval of Tenant's Plans by Landlord, Tenant shall be responsible for completing the initial leasehold improvements in accordance with said Plans and in compliance with all of the terms and conditions set forth in Sections 9 and 10 of this Lease (except that the time for Tenant to submit Tenant's Plans to Landlord and the time for Landlord to approve or disapprove said Plans shall be as provided in Section 7.2).

INITIAL LEASEHOLD IMPROVEMENTS. 8.1 The Premises shall include the standard leasehold improvements described in Exhibit 3 ("Standard Leasehold Improvements"). The Standard Leasehold Improvements shall be provided Tenant, at Landlord's cost. The design and construction of all initial leasehold improvements to the Premises beyond those described in Exhibit 3 shall be at Tenant's sole its cost and expense. 8.2 , subject to the “Tenant shall deliver to Landlord, no later than February 15, 1985 Improvement Allowance” ("Plan Submittal Date"as hereinafter defined), a detailed floor plan layout, together with final plans, specifications and working drawings for initial leasehold improvements to shall prepare the Premises desired by for Tenant, and the name of Tenant's proposed contractor ("Tenant's Plans"). Tenant shall provide Landlord with a certificate of public liability and property damage insurance carried by Tenant's purposed contractor naming Landlord as an additional insured. Landlord shall, within 15 days after receipt thereof, notify Tenant in writing of Landlord's approval of Tenant's Plans or Landlord's disapproval together with the reasons for disapproval. If Landlord disapproves Tenant's Plans, Tenant shall revise and resubmit Tenant's Plans for Landlord's approval within fifteen (15) days after notice of disapproval; and this process shall continue until Tenant's plans are approved by Landlord. If Tenant's Plans are not submitted by the Plan Submittal Date, or if Tenant's Plans are not approved by the fortieth (40th) Business Day (a "Business Day" begin a day other than a Saturday, Sunday or public holiday) after the Plan Submittal Date, Landlord may, at its option, terminate this Lease. 8.3 After approval of Tenant's Plans by Landlord, Tenant shall be responsible for completing the initial leasehold improvements ’s occupancy in accordance with said plans and specifications to be agreed to by Landlord and Tenant (the “Approved Plans”). Landlord and Tenant shall work in good faith to agree upon the Approved Plans, and once agreed upon, a set of Approved Plans shall be initialed by Landlord and Tenant and annexed hereto as Exhibit H . All such work to be performed by Tenant is herein referred to as the “Work”. The Work shall be performed by Tenant in a good and workmanlike manner in accordance with the terms and provisions of Article 8 of this Lease and in compliance with all applicable laws, ordinances, rules, regulations and requirements of governmental authorities and Landlord’s insurance company. The Work shall not be undertaken until Tenant shall have procured, so far as the same shall be required from time to time, all permits and authorizations of the terms various governmental agencies having jurisdiction thereover. Landlord agrees to cooperate with Tenant in procuring all such permits and conditions set forth authorizations, provided that Landlord shall not be required to incur any cost or expense (other than the Tenant Improvement Allowance) in Sections 9 connection therewith. Tenant shall procure and 10 maintain an adequate workers’ compensation insurance policy and such additional insurance policies as Landlord shall reasonably request to insure against losses, damages or claims arising out of, or from, the Work. In performing the Work, Tenant shall only use a general or prime contractor first approved by Landlord in writing, such approval not to be unreasonably withheld, conditioned or delayed. The Work may be performed during normal business hours provided reasonable care is taken by Tenant and Tenant’s contractors and construction workers to limit construction noise to the extent practical. Tenant covenants and agrees to diligently pursue the completion of the Work. Landlord shall contribute a sum of up to $25.00 per gross rentable square foot of the Premises towards the cost to perform the Work (the “Tenant Improvement Allowance”). In the event that the cost to perform the Work shall exceed $25.00 per gross rentable square foot of the Premises, Tenant shall be solely responsible for such excess amount. Landlord shall pay the Tenant Improvement Allowance to Tenant in the form of progress payments as follows: Tenant shall designate an individual to serve as Tenant’s Construction Representative. Such designation may be changed at any time in accordance with the notice provision of this Lease Lease, but only one individual may be so designated at any one time. On or about the last day of each month, Tenant’s Construction Representative shall submit to Landlord an application for payment (except the “Application for Payment”) which shall include a copy of the AIA Form “Contractor’s Application for Payment” with an appropriate line item breakdown, prepared by Tenant’s Construction Representative, listing all costs pertaining to the Work for which Tenant is requesting payment. Tenant’s Construction Representative shall also deliver to Landlord (i) an affidavit of Tenant certifying as to the completion of those items of the Work for which payment is being requested, (ii) an affidavit of Tenant’s general or prime contractor setting forth the names and addresses of the subcontractors, sub-subcontractors, suppliers of materials or equipment to the general or prime contractor, subcontractors or sub-subcontractors, design professionals, construction managers and consultants, the amounts previously paid by the general or prime contractor to so-called “first tier” subcontractors and suppliers, and (iii) signed releases or waivers of construction lien rights by the general or prime contractor to the extent of the payments received and the payment to be received from the progress payment being requested by Tenant. Landlord shall not be required to make any progress payment while there is a construction lien filed against the Real Property. Within twenty (20) business days after Landlord’s receipt of the items listed above, Landlord shall make a payment to Tenant in accordance with the Application for Payment. Landlord and Tenant shall use their best efforts to coordinate their payment obligations in connection with the Work so that all contractors, subcontractors and other persons or entities performing the time for Work shall be paid in a timely manner. Upon completion of the Work, Tenant shall submit to Landlord a final construction lien waiver from Tenant’s general or prime contractor. Any changes in the Work desired by Tenant shall be submitted in writing (with plans and specifications where applicable) and shall be subject to Landlord’s reasonable approval. Notwithstanding anything to the contrary contained herein, in the event that Landlord fails to make any progress payment(s) required to be made by Landlord pursuant to this Article 38, Section 1 within ten (10) days after receiving written notice of such failure, Tenant shall have the right, but not the obligation, to make such payment(s) on behalf of Landlord, and all costs incurred by Tenant in connection with such payment(s), together with interest computed thereon at the Prime rate and all reasonable legal fees and court costs, shall be paid by Landlord to Tenant on demand. Under no circumstances shall the foregoing provisions of this Article 38, Section 1 entitle Tenant to submit Tenant's Plans to Landlord and the time for Landlord to approve withhold or disapprove said Plans shall be as provided in Section 7.2)reduce any installments of Fixed Rent payable by Tenant hereunder.