Common use of Landlord Improvements Clause in Contracts

Landlord Improvements. (a) Landlord hereby reserves the right to construct, at Landlord’s sole cost and expense, additional buildings or any other improvements, alterations, additions or replacement of any nature whatsoever in any area outside the boundary of or attaching to the Improvements and within the Campus (the “Landlord Future Improvements”) which may include the area where the Required Common Areas are constructed, provided Landlord provides relocated or alternative Common Areas as described in Section 1.2(b). (b) Without limiting the generality of the forgoing, Landlord shall have the right to construct, at Landlord’s sole cost, a new building or other improvement, including but not limited to pedestrian walkways connecting the MOB to one or more other structures (e.g., parking garage, medical facilities or office building) (collectively, the “New Building”) adjoining the MOB and connected to the MOB by, among other things, common corridors, elevator lobbies, and elevator banks. A portion of the New Building connecting said New building to the MOB may be located on a portion of the Land. Landlord, however, shall be under no obligation to construct a New Building. In addition, Landlord shall have the right to grant to a third party, that may or may not be affiliated with Landlord, the right to construct a New Building. If and to the extent such Landlord Future Improvements connect or attach to the MOB in any material way, then Tenant and the holder of any leasehold mortgage granted by Tenant shall have the right to review and approve any such plans and their impact on the MOB, such approval not to be unreasonably withheld, conditioned or delayed (provided, however, Tenant and the holder of any leasehold mortgage hereby acknowledge the importance to Landlord of the ability to construct a New Building on the Campus and if Tenant or any leasehold mortgagee do not approve any such plans, they must demonstrate that the construction of the New Building would have a material adverse impact on the MOB or its operation (and competition for tenants shall not be a valid consideration when determining if the New Building would have a material adverse impact on the MOB). If Tenant or any leasehold mortgagee fails to disapprove or comment upon any plans within thirty (30) days after receiving such plans, such plans will be deemed to have been approved. (c) In connection with the construction of a New Building, Landlord shall coordinate with Tenant (each acting reasonably) any entry onto the Property and any work to be performed in connection with any material changes to the MOB or the Property, which has been approved as set forth in Section 4.2(b) above. If Landlord constructs a New Building, and regardless of whether such construction results in encroachment upon or permanent use of a portion of the Land or MOB, Landlord shall take or cause its contractor to make commercially reasonable efforts to mitigate or limit noise, dust, disturbance and temporary cessation of utilities and shall provide temporary use of parking and drive areas for staging areas or otherwise in order to mitigate or limit interference with the use and enjoyment of the MOB. Tenant acknowledges that some interference and inconvenience will inevitably result from the construction and attachment of the New Building and so long as Landlord makes a commercially reasonable effort to mitigate or limit the same, Landlord shall not be subjected to any liability therefor, nor shall Tenant be entitled to any compensation (of any kind or amount whatsoever) or diminution or abatement of Rent on account thereof, nor shall the same be deemed a constructive or actual eviction or otherwise be grounds for terminating or modifying this Lease. Landlord shall have the right, at its sole option, to incorporate or join common utilities and/or other operational aspects of the New Building with the MOB and, if the costs for any of the same are not separately metered or allocated, Landlord shall have the right to make a reasonable allocation with respect to such costs and Tenant shall make payment thereof as if such amount were originally contemplated under the terms of this Lease. Tenant (and any Leasehold Mortgagee (as defined herein) of Tenant) shall execute any cross easement or similar agreements as Landlord may reasonably require in connection with the New Building. (d) Notwithstanding the forgoing, if Landlord does exercise its rights under this Section 4.2, to construct a New Building: (a) the cost thereof shall be borne solely by Landlord; (b) the structural integrity of the MOB shall be assured by Landlord in writing, and Landlord shall indemnify, defend and hold Tenant harmless from and against all costs, expenses and damages in the event the structural integrity is compromised in any way; (c) Landlord will restore any portions of the MOB impacted by construction to a condition equal to or better than the condition of the same prior to the construction impact; (d) ingress and egress to and from the MOB, and parking for the MOB, shall not be materially adversely affected other than as may reasonably be required on a temporary basis in connection with such construction, and such temporary impacts shall only be permitted if reasonable alternative parking or access is provided; and (e) such attachments and/or connections shall not materially adversely affect Tenant’s or Tenant’s Occupants’ use of the MOB for the uses permitted hereunder. (e) Landlord agrees that it shall not solicit any tenants of the MOB to become tenants of the New Building if such tenancy in the New Building would become effective prior to the expiration of the tenant’s current lease term in the MOB. If Landlord accepts as a tenant in the New Building any tenant in the MOB who breaks its MOB lease (a “Relocating Tenant”), then Landlord shall be obligated to assume such Relocating Tenant’s lease in the MOB through the balance of the term of such lease. The foregoing shall not apply if Tenant or an affiliate of Tenant is the owner or ground lessee of the New Building.

Landlord Improvements. (a) Landlord hereby reserves the right to construct, at Landlord’s sole cost and expense, additional buildings or any other improvements, alterations, additions or replacement of any nature whatsoever in any area outside the boundary of or attaching Prior to the Improvements and within the Campus (the “Landlord Future Improvements”) which may include the area where the Required Common Areas are constructedCommencement Date, provided Landlord provides relocated or alternative Common Areas as described in Section 1.2(b). (b) Without limiting the generality of the forgoing, Landlord shall have the right to construct, at Landlord’s sole cost, a new building or other improvement, including but not limited to pedestrian walkways connecting the MOB to one or more other structures (e.g., parking garage, medical facilities or office building) (collectively, the “New Building”) adjoining the MOB and connected to the MOB by, among other things, common corridors, elevator lobbies, and elevator banks. A portion of the New Building connecting said New building to the MOB may be located on a portion of the Land. Landlord, however, shall be under no obligation to construct a New Building. In addition, Landlord shall have the right to grant to a third party, that may or may not be affiliated with Landlord, the right to construct a New Building. If and to the extent such Landlord Future Improvements connect or attach to the MOB in any material way, then Tenant and the holder of any leasehold mortgage granted by Tenant shall have the right to review and approve any such plans and their impact on the MOB, such approval not to be unreasonably withheld, conditioned or delayed (provided, however, Tenant and the holder of any leasehold mortgage hereby acknowledge the importance to Landlord of the ability to construct a New Building on the Campus and if Tenant or any leasehold mortgagee do not approve any such plans, they must demonstrate that the construction of the New Building would have a material adverse impact on the MOB or its operation (and competition for tenants shall not be a valid consideration when determining if the New Building would have a material adverse impact on the MOB). If Tenant or any leasehold mortgagee fails to disapprove or comment upon any plans within thirty (30) days after receiving such plans, such plans will be deemed to have been approved. (c) In connection with the construction of a New Building, Landlord shall coordinate with Tenant (each acting reasonably) any entry onto the Property and any work to be performed in connection with any material changes to the MOB or the Property, which has been approved as set forth in Section 4.2(b) above. If Landlord constructs a New Building, and regardless of whether such construction results in encroachment upon or permanent use of a portion of the Land or MOB, Landlord shall take or cause its contractor to make commercially reasonable efforts to mitigate or limit noise, dust, disturbance and temporary cessation of utilities and shall provide temporary use of parking and drive areas for staging areas or otherwise in order to mitigate or limit interference with the use and enjoyment of the MOB. Tenant acknowledges that some interference and inconvenience will inevitably result from the construction and attachment of the New Building and so long as Landlord makes a commercially reasonable effort to mitigate or limit the same, Landlord shall not be subjected to any liability therefor, nor shall Tenant be entitled to any compensation (of any kind or amount whatsoever) or diminution or abatement of Rent on account thereof, nor shall the same be deemed a constructive or actual eviction or otherwise be grounds for terminating or modifying this Lease. Landlord shall have the right, at its sole optionexpense, shall put the Premises in good working order (including office HVAC systems, gas fired unit heaters, dock doors, load levelers, if any, plumbing fixtures, office and warehouse lighting, and ceiling tiles) and clean condition, including providing new paint and flooring throughout office areas. Subject to incorporate applicable ordinances and building codes governing Tenant's right to occupy or join common utilities and/or other operational aspects perform in the Premises and subject to the provisions of Paragraph 12 of the New Building with the MOB andLease, if the costs for any of the same are not separately metered or allocated, Landlord shall have the right to make a reasonable allocation with respect to such costs and Tenant shall make payment thereof as if such amount were originally contemplated under be allowed to set up its office and warehouse operations and install its tenant improvements, machinery, equipment, fixtures, or other property on the terms Premises during the final stages of this Lease. Tenant (completion of construction and any Leasehold Mortgagee (as defined herein) of Tenant) shall execute any cross easement or similar agreements as Landlord may reasonably require in connection with the New Building. (d) Notwithstanding the forgoing, if Landlord does exercise its rights under this Section 4.2, to construct a New Building: (a) the cost thereof shall be borne solely by Landlord; (b) the structural integrity of the MOB shall be assured by Landlord in writing, and Landlord shall indemnify, defend and hold Tenant harmless from and against all costs, expenses and damages in the event the structural integrity is compromised in any way; (c) Landlord will restore any portions of the MOB impacted by construction to a condition equal to or better than the condition of the same prior to the construction impact; (d) ingress and egress to and from Commencement Date provided that Tenant does not thereby interfere with the MOBcompletion of construction, and parking provided further that Tenant does hereby agree to assume all risk of loss or damage to such machinery, equipment, fixtures, and other personal property and to indemnify, defend, and hold Landlord harmless from any loss or damage to such property, and all liability, loss, or damage arising from any injury to the Project or the property of Landlord, its contractors, subcontractors, or materialmen, and any death or personal injury to any person or persons arising out of such installations or early occupancy. Tenant agrees to promptly pay for and/or reimburse Landlord for any utility costs incurred at the MOB, shall not be materially adversely affected other than Premises as may reasonably be required on a temporary basis result of or in connection with such constructionearly occupancy, and such temporary impacts shall only be permitted if reasonable alternative parking or access is provided; and (e) such attachments and/or connections shall not materially adversely affect Tenant’s or Tenant’s Occupants’ use of the MOB for the uses permitted hereunder. (e) Landlord agrees that it shall not solicit any tenants of the MOB to become tenants of the New Building if such tenancy in the New Building would become effective prior to the expiration of the tenant’s current lease term in the MOBany. If Landlord accepts as a tenant in the New Building any tenant in the MOB who breaks its MOB lease (a “Relocating Tenant”)ADDENDUM TWO ATTACHED TO AND A PART OF THE LEASE AGREEMENT DATED SEPTEMBER 24, then Landlord shall be obligated to assume such Relocating Tenant’s lease in the MOB through the balance of the term of such lease. The foregoing shall not apply if Tenant or an affiliate of Tenant is the owner or ground lessee of the New Building.1997, BETWEEN ▇▇▇▇▇▇▇▇ COMMERCIAL CORPORATION AND SCI NORTH CAROLINA LIMITED PARTNERSHIP

Landlord Improvements. (a) Landlord hereby reserves the right to construct, at Landlord’s sole cost and expense, additional buildings or any other improvements, alterations, additions or replacement of any nature whatsoever in any area outside the boundary of or attaching to the Improvements and within the Campus (the “Landlord Future Improvements”) which may include the area where the Required Common Areas are constructed, provided Landlord provides relocated or alternative Common Areas as described in Section 1.2(b). (b) Without limiting the generality of the forgoing, Landlord shall have the right to construct, at Landlord’s sole cost, a new building or other improvement, including but not limited to pedestrian walkways connecting the MOB to one or more other structures (e.g., parking garage, medical facilities or office building) (collectively, the “New Building”) adjoining the MOB and connected to the MOB by, among other things, common corridors, elevator lobbies, and elevator banks. A portion of the New Building connecting said New building to the MOB may be located on a portion of the Land. Landlord, however, shall be under no obligation to construct a New Building. In addition, Landlord shall have the right to grant to a third party, that may or may not be affiliated with Landlord, the right to construct a New Building. If and to the extent such Landlord Future Improvements connect or attach to the MOB in any material way, then Tenant and the holder of any leasehold mortgage granted by Tenant shall have the right to review and approve any such plans and their impact on the MOB, such approval not to be unreasonably withheld, conditioned or delayed (provided, however, Tenant and the holder of any leasehold mortgage hereby acknowledge the importance to Landlord of the ability to construct a New Building on the Campus and if Tenant or any leasehold mortgagee do not approve any such plans, they must demonstrate that the construction of the New Building would have a material adverse impact on the MOB or its operation (and competition for tenants shall not be a valid consideration when determining if the New Building would have a material adverse impact on the MOB). If Tenant or any leasehold mortgagee fails to disapprove or comment upon any plans within thirty (30) days after receiving such plans, such plans will be deemed to have been approved. (c) In connection with the construction of a New Building, Landlord shall coordinate with Tenant (each acting reasonably) any entry onto the Property and any work to be performed in connection with any material changes to the MOB or the Property, which has been approved as set forth in Section 4.2(b) above. If Landlord constructs a New Building, and regardless of whether such construction results in encroachment upon or of permanent use of a portion of the Land or MOB, Landlord shall take or cause its contractor to make commercially reasonable efforts to mitigate or limit noise, dust, disturbance and temporary cessation of utilities and shall provide temporary use of parking and drive areas for staging areas or otherwise in order to mitigate or limit interference with the use and enjoyment of the MOB. Tenant acknowledges that some interference and inconvenience will inevitably result from the construction and attachment of the New Building and so long as Landlord makes a commercially reasonable effort to mitigate or limit the same, Landlord shall not be subjected to any liability therefor, nor shall Tenant be entitled to any compensation (of any kind or amount whatsoever) or diminution or abatement of Rent on account thereof, nor shall the same be deemed a constructive or actual eviction or otherwise be grounds for terminating or modifying this Lease. Landlord shall have the right, at its sole option, to incorporate or join common utilities and/or other operational aspects of the New Building with the MOB and, if the costs for any of the same are not separately metered or allocated, Landlord shall have the right to make a reasonable allocation with respect to such costs and Tenant shall make payment thereof as if such amount were originally contemplated under the terms of this Lease. Tenant (and any Leasehold Mortgagee (as defined herein) of Tenant) shall execute any cross easement or similar agreements as Landlord may reasonably require in connection with the New Building. (d) Notwithstanding the forgoing, if Landlord does exercise its rights under this Section 4.2, to construct a New Building: (a) the cost thereof shall be borne solely by Landlord; (b) the structural integrity of the MOB shall be assured by Landlord in writing, and Landlord shall indemnify, defend and hold Tenant harmless from and against all costs, expenses and damages in the event the structural integrity is compromised in any way; (c) Landlord will restore any portions of the MOB impacted by construction to a condition equal to or better than the condition of the same prior to the construction impact; (d) ingress and egress to and from the MOB, and parking for the MOB, shall not be materially adversely affected other than as may reasonably be required on a temporary basis in connection with such construction, and such temporary impacts shall only be permitted if reasonable alternative parking or access is provided; and (e) such attachments and/or connections shall not materially adversely affect Tenant’s or Tenant’s Occupants’ use of the MOB for the uses permitted hereunder. (e) Landlord agrees that it shall not solicit any tenants of the MOB to become tenants of the New Building if such tenancy in the New Building would become effective prior to the expiration of the tenant’s current lease term in the MOB. If Landlord accepts as a tenant in the New Building any tenant in the MOB who breaks its MOB lease (a “Relocating Tenant”), then Landlord shall be obligated to assume such Relocating Tenant’s lease in the MOB through the balance of the term of such lease. The foregoing shall not apply if Tenant or an affiliate of Tenant is the owner or ground lessee of the New Building.