Common use of Lessee Improvements Clause in Contracts

Lessee Improvements. Any alterations, physical additions, or improvements to the Leased Premises or Building must be approved in advance and in writing by Lessor. Any alterations, physical additions or improvements to the Leased Premises including any power or cooling infrastructure, fixtures, raised floors, and any similar items, including, but not limited to, items that require building permits, shall be surrendered to Lessor upon the termination or expiration of this Lease; provided, however, if Lessee makes any additions or alterations without Lessor’s approval, Lessor, at its option, may, upon the expiration or earlier termination of this Lease, require Lessee to remove any physical additions and/or alterations in order to restore the Leased Premises to the condition existing prior to making any such additions and/or alterations, all costs of removal or any such additions and/or alterations to be borne by Lessee. Notwithstanding the foregoing, all existing improvements in the Leased Premises are acceptable to Lessor and Lessee will not be required to remove any of the same upon the expiration or earlier termination of this Lease. This Section shall not apply to moveable equipment, equipment used for the business conducted upon or within any portion of the Leased Premises including, without limitation, furniture, racking systems or storage systems used to secure and store computer equipment or other personal property paid for by Lessee or other person or entity, which may be removed by Lessee or such person or entity at the end of the Term, provided, however, Lessee shall remain obligated for repair and restoration as provided above.

Lessee Improvements. Any alterations, Lessee shall not make or allow to be made any alterations or physical additions, additions in or improvements to the Leased Premises leased premises without first obtaining the written consent of Lessor, which consent shall not be unreasonably withheld, conditioned or Building must delayed, except for alterations of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting as well as installation of unattached, movable trade fixtures which may be approved in advance and in writing by Lessorinstalled without drilling, cutting or otherwise defacing the leased premises. Any alterations, physical additions or improvements to the Leased Premises including any power or cooling infrastructure, fixtures, raised floors, leased premises made by Lessee shall at once become the property of Lessor and any similar items, including, but not limited to, items that require building permits, shall be surrendered to Lessor upon the termination or expiration of this Lease; provided, however, if Lessee makes any additions or alterations without Lessor’s approval, Lessor, at its option, may, upon the expiration or earlier termination of this Lease, may require Lessee to remove any physical additions and/or repair any alterations in order to restore the Leased Premises leased premises to the condition existing prior to making any such additions and/or alterationsat the time Lessee took possession (reasonable wear and tear and casualty and condemnation excepted), all costs of removal or any such additions and/or alterations to be borne by Lessee. Notwithstanding With respect to the foregoing, all existing improvements in Lessor agrees to advise Lessee at the Leased Premises are acceptable time of its approval of each alteration or physical addition requiring Lessor’s approval hereunder as to whether Lessor and will require the removal thereof. In no event shall Lessee will not be required to remove any of cabling or wiring installed to serve the same upon the expiration or earlier termination of this Leaseleased premises. This Section clause shall not apply to unattached trade fixtures, moveable equipment, equipment used for the business conducted upon or within any portion of the Leased Premises including, without limitation, furniture, racking systems or storage systems used to secure and store computer equipment or other furniture and personal property paid for owned by Lessee or other person or entityLessee, which may be removed by Lessee or such person or entity at the end of the Term, provided, however, term of this Lease if Lessee shall remain obligated for repair is not then in default beyond any applicable notice and restoration as provided abovecure period.

Lessee Improvements. Any Upon Lessee's occupancy of the leased premises, Lessee may perform the work ("Lessee's Work") described in Exhibit "C" attached hereto and made a part hereof, which Lessee's Work is hereby deemed approved by Lessor for all purposes. Lessor hereby agrees to perform, at its sole cost and expense, any and all future removal, encapsulation or other abatement or handling of asbestos and/or asbestos containing material as is required by Applicable Laws or which is not unreasonably requested by Lessee in connection with (i) Lessee's Work, or (ii) any future alterations, physical additions, additions or improvements to the Leased Premises leased premises permitted by the terms of this Lease. Notwithstanding the foregoing, however, Lessee agrees that, with the exception of the ACM Abatement Work prescribed in section 6.1 above, Lessee will not request that Lessor remove, encapsulate or Building must abate any asbestos and/or as▇▇▇▇▇s containing material referred to in the ACM Survey (e.g., the wallboard joint compound and paint texture or the resilient flooring and associated mastic referenced in the summary set forth on page 4 of the ACM Survey), unless the building materials associated with such items are (a) being altered by Lessee in such a manner that the asbestos contained in such items will be approved disturbed or (b) are being removed. Such removal, encapsulation or other abatement or handling shall be performed by Lessor (i) in advance accordance with the schedule of such work established by Lessee, provided Lessee is not unreasonable in establishing such schedule, and (ii) in writing by a manner that will minimize interference with Lessee's business in the leased premises. Except with respect to Lessee's Work and interior, non-structural alterations or additions to the leased premises costing less than $50,000, Lessee shall not make or allow to be made any alterations or physical additions in or to the leased premises without first obtaining the written consent of Lessor, which consent shall not be unreasonably withheld or delayed. Any alterations, physical additions or improvements to the Leased Premises including any power or cooling infrastructure, fixtures, raised floors, leased premises made by Lessee shall at once become the property of Lessor and any similar items, including, but not limited to, items that require building permits, shall be surrendered to Lessor upon the termination or expiration of this Lease; provided, however, if Lessee makes any additions or alterations without Lessor’s approval, Lessor, at its option, may, upon the expiration or earlier termination of this Lease, require Lessee to remove any physical additions and/or alterations in order to restore the Leased Premises to the condition existing prior to making any such additions and/or alterations, all costs of removal or any such additions and/or alterations to be borne by Lessee. Notwithstanding the foregoing, all existing improvements in the Leased Premises are acceptable to Lessor and Lessee will not be required to remove any of the same upon the expiration or earlier termination of this Lease. This Section clause shall not apply to moveable equipment, equipment used for the business conducted upon furniture or within any portion of the Leased Premises including, without limitation, furniture, racking systems or storage systems used to secure and store computer equipment or other personal property paid for trade fixtures owned by Lessee or other person or entityLessee, which may be removed by Lessee or such person or entity at the end of the Termterm of this Lease if Lessee is not then in default and if such equipment and furniture are not then subject to any other rights, provided, however, Lessee shall remain obligated for repair liens and restoration as provided aboveinterest of Lessor.

Lessee Improvements. Any alterations, Lessee shall not make or allow to be made any alterations or physical additions, additions in or improvements to the Leased Premises or Building must leased premises without first obtaining the written consent of Lessor, which consent may in the sole and absolute discretion of Lessor be approved in advance and in writing by Lessordenied. Any alterations, physical additions or improvements to of the Leased Premises including any power or cooling infrastructure, fixtures, raised floors, leased premises made by Lessee shall at once become the property of Lessor and any similar items, including, but not limited to, items that require building permits, shall be surrendered to Lessor upon the termination or expiration of this Lease; provided, however, if Lessee makes any additions or alterations without Lessor’s approval, Lessor, at its option, may, upon the expiration or earlier termination of this Lease, may require Lessee to remove any physical additions and/or repair any alterations in order to restore the Leased Premises leased premises to the condition existing prior to making any such additions and/or alterationsat the time Lessee took possession, all costs of removal or any such additions and/or alterations to be borne by Lessee. Notwithstanding the foregoing, all existing improvements in the Leased Premises are acceptable to Lessor and Lessee will not be required to remove any of the same upon the expiration or earlier termination of this Lease. This Section clause shall not apply to moveable equipment, equipment used for the business conducted upon or within any portion of the Leased Premises including, without limitation, furniture, racking systems or storage systems used to secure and store computer equipment or other personal property paid for furniture owned by Lessee or other person or entityLessee, which may be removed by Lessee or such person or entity at the end of the Termterm of this Lease if Lessee is not then in default and if such equipment and furniture are not then subject to any other rights, providedliens, howeverand interest of Lessor and such removal can be accomplished without material damage to the Leased Premises. Upon completion of any such work by Lessee, Lessee shall remain obligated provide Lessor with “as built plans,” copies of all construction contracts and proof of payment for repair all labor and restoration as provided abovematerials. To defer the cost to Lessor associated with Lessee Improvements and confirming that such improvements are in accordance with the terms of this Lease and comply with all applicable codes and ordinances, Lessee shall pay to Whitehall Real Estate, Inc., a construction management fee equal to five percent (5%) of the cost of such improvements. Such fee shall be paid one-half prior to commencement of such improvements and one-half upon completion thereof.

Lessee Improvements. Any Lessee shall not make or allow to be made any alterations, physical additions, additions or improvements in or to the Leased Premises or Building must without first obtaining the written consent of Lessor, which consent may be approved denied in advance the sole and in writing by absolute discretion of Lessor. Any alterations, physical additions or improvements to the Leased Premises including any power made by or cooling infrastructure, fixtures, raised floors, installed by either party hereto shall remain upon and any similar items, including, but not limited to, items that require building permits, shall be surrendered to with the Leased Premises and become the property of Lessor upon the termination or expiration of this Lease; provided, however, if Lessee makes any additions or alterations without Lessor’s approval, Lessor, at its option, may, upon the expiration or earlier termination of this LeaseLease without credit to Lessee; provided, however, Lessor, at its option, may require Lessee to remove any physical improvements or additions and/or repair any alterations in order to restore the Leased Premises to the condition existing prior to making any such additions and/or alterationsat the time Lessee took possession, all costs of removal or any such additions and/or alterations to be borne by Lessee. Notwithstanding the foregoing, all existing improvements in the Leased Premises are acceptable to Lessor and Lessee will not be required to remove any of the same upon the expiration or earlier termination of this Lease. This Section clause shall not apply to moveable equipment, equipment used for the business conducted upon furniture or within any portion of the Leased Premises including, without limitation, furniture, racking systems or storage systems used to secure and store computer equipment or other personal property paid for moveable trade fixtures owned by Lessee or other person or entityLessee, which may be removed by Lessee or such person or entity at the end of the Termterm of this Lease if Lessee is not then in default and if such equipment and furniture are not then subject to any other rights, provided, however, liens and interests of Lessor. Lessee shall remain obligated for repair have no authority or power, express or implied, to create or cause any mechanic's or materialmen's lien, charge or encumbrance of any kind against the Leased Premises, the Property or any portion thereof. Lessee shall promptly cause any such liens that have arisen by reason of any work claimed to have been undertaken by or through Lessee to be released by payment, bonding or otherwise within thirty (30) days after request by Lessor, and restoration shall indemnify Lessor against losses arising out of any such claim (including, without limitation, legal fees and court costs). If Lessee fails to timely take either such action, then Lessor may pay the lien claim without inquiry as provided aboveto the validity thereof, and any amounts so paid, including expenses and interest, shall be paid by Lessee to Lessor within ten (10) days after Lessor has delivered to Lessee an invoice therefor.

Lessee Improvements. Any alterations[Except for interior, physical additionsnon-structural work,] neither Lessee nor its agents, contractors or improvements to the Leased Premises or Building must be approved in advance and in writing by Lessor. Any alterationsemployees shall perform any construction work, physical additions or improvements to the Leased Premises including any power or cooling infrastructure, fixtures, raised floors, and any similar items, including, but not limited to, items that require building permitsadditions, alterations or any initial partition or installation work in the Premises, without the prior written approval of Lessor, which approval shall not be unreasonably withheld or delayed. If such approval is given by Lessor, Lessee or Lessee’s contractors shall obtain workmen’s compensation, public liability insurance and property damage insurance, all in amounts and with companies and on forms satisfactory to Lessor. Before proceeding with the improvements, certificates of insurance and all necessary government permits shall be furnished to Lessor. Lessor, unless grossly negligent, shall not be surrendered liable for any injury, loss or damage which may occur to Lessor upon the termination any of Lessee’s improvements, including but not limited to decorations or expiration of this Lease; providedinstallations, however, if Lessee makes any additions or alterations without Lessor’s approval, Lessor, at its option, may, upon the expiration or earlier termination of this Lease, require Lessee to remove any physical additions and/or alterations in order to restore the Leased Premises to the condition existing made prior to making any such additions and/or alterationsor subsequent to, all costs of removal or any such additions and/or alterations to be borne by Lessee. Notwithstanding the foregoing, all existing improvements in the Leased Premises are acceptable to Lessor and Lessee will not be required to remove any commencement of the same upon the expiration or earlier termination term of this Lease. This Section All additions, alterations, or other improvements made by Lessee (except only store and office furniture, trade fixtures and fixtures which shall not apply be readily moveable without injury to moveable equipmentthe Premises), equipment used for the business conducted upon or within any portion shall be and remain a part of the Leased Premises includingat the expiration of this Lease except that, without limitationat the option of Lessor, furnitureLessor may require that all such additions, racking systems or storage systems used to secure alterations, partitions, and store computer equipment or other personal property paid for by Lessee or other person or entity, which may all the like be removed by Lessee or such person or entity at Lessee’s sole cost and expense, at the end expiration of the TermLease and that the Premises be returned to Lessor in the original condition, provided, however, Lessee shall remain obligated for repair normal wear and restoration as provided abovetear excepted.

Lessee Improvements. Any alterationsLessee shall not make or allow to be made any alterations or physical additions in or to the leased premises without first obtaining the written consent of Lessor, physical additionswhich shall not be unreasonably withheld, provided that Lessee shall be permitted to make non-structural site alterations or additions to the interior of the Building which in each instance cost less than $100,000 without the prior written consent of Lessor and further provided that Lessee shall be permitted to construct a generator room at the rear of the Building so long as the same is not visible from ▇▇▇▇▇▇▇ Road and to construct a microwave tower on the leased premises without the prior written consent of Lessor. Lessee shall provide Lessor with copies of all plans and specifications for Lessee's improvements. Lessee warrants and represents that all of Lessee's improvements shall be in compliance with all laws, ordinances, orders, rules and regulations of state, federal, municipal or other agencies or bodies having jurisdiction over the use, condition or occupancy of the leased premises. Lessee shall cause all of its improvements to the Leased Premises or Building must be approved modified to comply with all such laws promptly upon receipt of notice that such improvements are not in advance and in writing by Lessorcompliance. Any alterations, physical additions or improvements to the Leased Premises including any power or cooling infrastructure, fixtures, raised floors, leased premises made by Lessee shall at once become the property of Lessor and any similar items, including, but not limited to, items that require building permits, shall be surrendered to Lessor upon the termination or expiration of this Lease; provided, however, if Lessee makes any additions or alterations without Lessor’s approval, Lessor, at its option, may, upon the expiration or earlier termination of this Lease, may require Lessee to remove any physical additions and/or repair any alterations in order to restore the Leased Premises leased premises to the condition existing prior to making any such additions and/or alterationsat the time Lessee took possession, all costs of removal or any such additions and/or alterations to be borne by Lessee. Notwithstanding the foregoing, all existing improvements in the Leased Premises are acceptable to Lessor and Lessee will not be required to remove any of the same upon the expiration or earlier termination of this Lease. This Section clause shall not apply to moveable equipment, equipment used for the business conducted upon or within any portion of the Leased Premises including, without limitation, furniture, racking systems or storage systems used to secure and store computer equipment or other personal property paid for by Lessee or other person or entity, which may be removed by Lessee or such person or entity at the end of the Term, provided, however, Lessee shall remain obligated for repair and restoration as provided aboveterm of this Lease.