Common use of Other Alterations Clause in Contracts

Other Alterations. Notwithstanding Section 12.1, without the prior written consent of Landlord, which may be granted or withheld in Landlord's sole discretion, Tenant shall not make any (i) alterations to the exterior of the Building; (ii) alterations to or penetrations of the roof of the Building; (iii) alterations visible from outside the Building except as permitted in Section 9.4; or (iv) any Alterations of a structural nature. Otherwise, Tenant shall have the right to make non-structural Alterations only with Landlord's prior written consent, which shall not be unreasonably withheld, and only in accordance with plans and specifications reasonably approved by Landlord in writing. All such Alterations shall be installed by a licensed contractor, at Tenant's sole expense, in compliance with all applicable Laws and permit requirements, shall be done in a good workmanlike manner conforming to quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of either the Building or the Premises. Unless otherwise agreed to in writing by Landlord all such Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant's Property; provided, however, that Landlord may, at Landlord's option exercised in writing by Landlord and as part of the Landlord's approval of any such Alterations, require that Tenant, at Tenant's expense, remove any and all Alterations installed by Tenant and return the Premises to their condition as of the Commencement Date of the Lease, normal wear and tear excepted and subject to the provisions of Section 23. If Landlord does not condition its approval on the requirement that Tenant remove such Alterations, then, in no event shall Tenant be required to remove the same at the termination of the Lease. In no event shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant's intended use or impose any liability upon Landlord in connection with the performance of such work.

Other Alterations. Notwithstanding the provisions of Section 12.16.1 of the Master Lease, without the prior written consent of Landlord, which may be granted or withheld in Landlord's sole discretion, Tenant Subtenant shall not make or perform any Alterations or improvements in or to the Sublease Premises without Sublandlord’s and Landlord’s prior written consent. Sublandlord’s consent to any proposed Alterations or improvements by Subtenant to the Sublease Premises shall not be unreasonably withheld or delayed, but it shall not, ipso facto, be considered unreasonable for Sublandlord to withhold its consent even if Landlord has given its consent pursuant to the terms of the Master Lease. Landlord’s consent to Subtenant’s Alterations and improvements shall be governed by the terms and conditions set forth in the Master Lease, as incorporated herein; provided, however, that Sublandlord acknowledges that it conceptually approves the plans for the Initial Tenant Alterations attached hereto as Exhibit C (with the understanding that the final construction plans and specifications for such improvements remain subject to Sublandlord’s and Landlord’s approval). All Alterations made by or on behalf of Subtenant shall be at Subtenant’s sole cost and expense, including without limitation, the cost of causing all such Alterations to be constructed in accordance with applicable laws and requirements of any appropriate governmental agency. As between Sublandlord and Subtenant, Sublandlord shall not be responsible for any upgrades to the Sublease Premises that are required by Applicable Laws (including, without limitation, the ADA) in connection with the construction of the Initial Tenant Alterations. Notwithstanding the foregoing, Subtenant shall have no responsibility for upgrades to the portions of the Premises other than the Sublease Premises, nor to the interior or exterior common areas as required by Applicable Laws (including, without limitation, the ADA). Any Alterations and improvements must be performed in accordance with the terms of the Master Lease, as incorporated herein, including Article 6 thereof, and in such manner as may be required to avoid causing or contributing to any labor disturbance, in accordance with plans and specifications as are approved in advance by Sublandlord, and subject to such other reasonable conditions as Sublandlord may impose thereon, including but not limited to: (i) alterations restricting the manner in which the work is to be performed so as to minimize any annoyance to or interference with the exterior rights and operations of any other tenants or occupants of the Building; (ii) alterations requiring Subtenant to provide builder’s risk, protective liability or penetrations of the roof of the Buildingother insurance; (iii) alterations visible requiring a security deposit or additional security deposit from outside Subtenant for any Subtenant Alterations (other than the Building except as permitted Initial Tenant Alterations) costing in Section 9.4excess of $150,000.00; or (iv) requiring Subtenant to provide to Landlord and Sublandlord, at Subtenant’s sole cost and expense, lien and completion bonds to ensure Landlord and Sublandlord against any liability for or damage or loss from liens and to ensure completion of the work for any Subtenant Alterations (other than the Initial Tenant Alterations) costing in excess of $150,000.00. The person selected by Subtenant to make any Alterations of or improvements must be a structural nature. Otherwisereputable, Tenant shall have the right to make non-structural Alterations only with Landlord's prior written consent, which shall not duly licensed contractor and must first be unreasonably withheld, and only in accordance with plans and specifications reasonably approved by Landlord in writing. All such Alterations shall be installed by a licensed contractor, at Tenant's sole expense, in compliance with all applicable Laws and permit requirements, shall be done in a good workmanlike manner conforming to quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of either the Building or the Premises. Unless otherwise agreed to in writing by Landlord all such Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant's Property; provided, however, that Landlord may, at Landlord's option exercised in writing by Landlord and Sublandlord. If any work outside the Sublease Premises, or any work on or adjustment to any Building Systems is required in connection with or as part a result of Subtenant’s work, such additional work shall be performed at Subtenant’s expense by contractors approved by Sublandlord. Sublandlord’s right to review and approve (or withhold approval of) Subtenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Subtenant is intended solely to protect Sublandlord, the Building and Sublandlord’s interests. No approval or consent by Sublandlord shall be deemed or construed to be a representation or warranty by Sublandlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable laws or other requirements. Subject to Sublandlord’s review of the Landlord's approval constructions drawings, Sublandlord agrees that in connection with the Initial Tenant Improvements only, (a) Sublandlord will not require an additional security deposit or lien and completion bond as contemplated in items (iii) and (iv) above and (b) Subtenant shall have no obligation to remove the Initial Tenant Improvements from the Sublease Premises as a condition of any such Alterations, require surrender upon the expiration or earlier termination of the Term; provided that Tenant, at Tenant's expense, Subtenant shall remove any and all Roof Alterations installed by Tenant and return restore the roof to the condition existing prior to such installation at Subtenant’s sole cost and expense and in accordance with the terms of the Master Lease. Subtenant shall deliver the Sublease Premises to their condition as Sublandlord on the Sublease Expiration Date or earlier termination of the Commencement Date of Sublease in the Lease, normal wear and tear excepted and subject to condition required by the provisions of Section 23. If Landlord does not condition its approval on the requirement that Tenant remove such Alterations, then, Master Lease (but in no event shall Tenant will Subtenant be required to remove any fixtures, improvements or Alterations installed in the same Sublease Premises prior to the delivery of possession of the Sublease Premises to Subtenant) and, notwithstanding any of the provisions of Article 6 of the Master Lease to the contrary, shall remove at Subtenant’s sole cost and expense any and all Alterations or other improvements made by Subtenant (except for the Initial Tenant Improvements as set forth above), if requested to do so by Sublandlord at the time Subtenant requests Sublandlord’s consent thereto, and repair any damage caused by such removal. Subtenant shall remove all of Subtenant’s personal property from the Sublease Premises on or before the Sublease Expiration Date or earlier termination of this Sublease. Subject to all applicable laws, in the Lease. In no event that Subtenant shall fail to so remove its personal property, then any approvals given by Landlord under such personal property, shall, at the sole option of Sublandlord, automatically become the property of Sublandlord upon the Sublease Expiration Date or earlier termination of this Lease constitute Sublease, and thereafter Sublandlord may retain or dispose of in any warranty by Landlord to Tenant of manner the adequacy of the design, workmanship or quality of such work or materials for Tenant's intended use or impose personal property not so removed without any liability upon Landlord in connection with the performance of such workwhatsoever to Subtenant.