Common use of Material Improvements Clause in Contracts

Material Improvements. (i) If Customer desires to make improvements to the Space including installation of any Equipment deemed material and substantial as reasonably determined by DataBank, Customer shall submit all plans and specifications for such work to be performed to DataBank for written approval. Such approval shall not be unreasonably withheld or delayed. No construction may commence until DataBank has given its written approval. (ii) Customer shall not employ any contractor to perform material improvements unless previously approved in writing by DataBank (and approved in writing by the landlord if required by the lease); approval shall not be unreasonably withheld. Customer shall ensure that each contractor and subcontractor participating in or performing material improvements shall warrant that such work shall be completed free from all mechanic’s and/or materialman’s liens and free from any and all defects in workmanship and materials for the period of time which customarily applies in good contracting practice, but in no event for less than one (1) year after the acceptance of the work by Customer and DataBank. The aforesaid warranties of each such contractor and subcontractor and Customer shall include the obligation to repair or replace in a thoroughly first-class and workmanlike manner all defects in workmanship and materials without any additional charge. The contracts and subcontracts for performance of the material improvements shall set forth such warranties so that they shall inure to the benefit of DataBank and Customer as their respective interests may appear. Such warranties shall be so written that either Customer or DataBank can directly enforce them, and Customer shall give to DataBank any assignment or other assurance to effectuate the same.