Permanent Improvements Clause Samples

Permanent Improvements. 2.1 By December 31, 2003, Martek and C▇ ▇▇▇▇▇ shall use their reasonable best efforts to jointly develop the scope of permanent improvements (“Permanent Improvements”) the Plant requires to enable the continuous production of DHA-INT that will meet the Specifications and be manufactured in accordance with GMPs. The parties shall seek to control the costs of the Permanent Improvements and to limit the amount of time before the Permanent Improvements are completed. 2.2 If the parties reach agreement, in writing, as to the scope and costs of the Permanent Improvements, and upon the written approval of Martek, Martek shall pay C▇ ▇▇▇▇▇ 50% of the agreed cost within thirty (30) days of Martek’s written approval to proceed, and, as soon as possible after agreement is reached, C▇ ▇▇▇▇▇ shall proceed with the construction of the Permanent Improvements. C▇ ▇▇▇▇▇ has provided, prior to the date of this Amendment, a preliminary cost estimate * for the Permanent Improvements. 2.3 Upon satisfactory completion of the Permanent Improvements, Martek shall pay and/or reimburse C▇ ▇▇▇▇▇ for the balance of all costs directly incurred for the purchase, fabrication, and installation of the Permanent Improvements (“Permanent Improvement Costs”). C▇ ▇▇▇▇▇ shall provide Martek with an itemization of all such Permanent Improvement Costs and any substantiation Martek reasonably requires in connection therewith, all such costs to be limited to the direct out of pocket costs incurred by C▇ ▇▇▇▇▇, without any markup or other adjustment. Payment shall be made within thirty (30) days of Martek’s receipt of itemization of such Permanent Improvement Costs. *The asterisk denotes that confidential portions of this exhibit have been omitted in reliance on Rule 24b-2 of the Securities Exchange Act of 1934. The confidential portions have been submitted separately to the Securities and Exchange Commission

Permanent Improvements. Until the Commencement Date has occurred, Tenant shall have no authority whatsoever to make any improvements to the Property or commence any construction of the Project.

Permanent Improvements. Where Contract calls for permanent sidewalk, road, and other ground improvements, and when such permanent improvements are completed, or essentially completed within construction period, Contractor does not have vested right to use such improvements as temporary facilities.

Permanent Improvements. For the duration of this Contract of Lease, LESSEE retains ownership over all the developments and improvements made on the Leased Property. For this reason, the LESSEE shall maintain in good order and shall keep such developments and improvements competitive. In the event that this Contract of Lease is renewed as provided under Article I, Section 2 hereof, LESSEE undertakes to continue to maintain in good order, renovate or enhance the developments and improvements made on the Leased Property to be competitive. LESSEE shall exert its best effort to improve the best use of the Lease Property by upgrading the facilities therein at its sole expense. LESSEE shall invest a substantial amount for the beautification of the surrounding of the Leased Property under a continuing program to be proposed by LESSEE in order to maintain the competitiveness of the area.

Permanent Improvements. The following sums shall be set aside to be expended for the permanent improvement of Town highways: (a) ▇▇▇▇▇▇▇ ▇▇.

Permanent Improvements. The following sums shall be set aside to be expended for the permanent improvement of Town highways: (a) On the road commencing at and leading to , a distance of miles, there shall be expended not over the sum of $ . Type Width of traveled surface Thickness Subbase (b) On the road commencing at and leading to , a distance of miles, there shall be expended not over the sum of $ .

Permanent Improvements. Prior to the Commencement Date, and further subject to the provisions of Article 7 below, Tenant shall not and shall have no authority whatsoever to make any improvements to the Property or commence any construction of the Project, including, without limitation, any portion of the Demolition Phase or other Earthwork Construction.

Permanent Improvements. If the Lessee wishes to reconfigure the leased premises, it may do so at its own cost, but only after DMVA has reviewed the plans and specifications and has provided the Lessee with written approval for the Lessee-proposed reconfiguration. The Lessee shall not be required to restore the leased premises to its original condition at the end of the term. Lessor reserves the right to specify standards which must be maintained for any renovations to the Premises. Any and all renovations, alterations and repairs, with the exception of any installed telephone systems, made to the Premises by either Lessee or Lessor, shall become part of the real estate and become the property of Lessor upon termination of this Lease, unless otherwise agreed to in writing.

Permanent Improvements. The following sums shall be set aside to be expended for the permanent improvement of Town highways: a) On the road commencing at ▇▇▇▇▇ Plains and leading to Schoharie Turnpike, highway known as ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇. Rd for a distance of 2.28 miles, there shall be expended not over the sum of $200,000.00. Type blacktop Width of traveled surface 20’ wide Thickness 2” Subbase b) On the road commencing at CR20 and leading to CR31, highway known as ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Rd for a distance of 1.30 miles, there shall be expended not over the sum of $90,000.00. Type blacktop Width of traveled surface 20’ wide Thickness 2” Subbase c) On the road commencing at SR32 and leading to SR32, highway known as White Farm Loop for a distance of 1.30 miles, there shall be expended not over the sum of $21,000.00. Type Oil & Stone Width of traveled surface 20’ wide d) On the road commencing at White Farm Loop and leading to Dead End, highway known as Horseneck Rd. for a distance of 0.42 miles, there shall be expended not over the sum of $11,000.00 . Type Oil & Stone Width of traveled surface 20’ wide e) On ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇ and leading to Cul-de-sac, highway known as Half Moon Dr, a distance of 0.66 miles, there shall be expended not over the sum of $12,600.00. Type Oil & Stone Width of traveled surface 20’ wide f) On ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇ and leading to County ▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇ known as ▇▇▇▇▇▇ ▇▇▇▇▇ Rd, a distance of 2.44 miles, there shall be expended not over the sum of $34,200.00. Type Oil & Stone Width of traveled surface 20’ wide g) On the road commencing at German’s Hill and leading to county route 67, highway known as ▇▇▇▇▇▇ ▇▇▇▇▇▇ Rd., a distance of 1.34 miles, there shall be expended not over the sum of $21,400.00. Type Oil & Stone Width of traveled surface 20’ wide h) On the road commencing at county route 67 and leading to cul-de-sac, highway known as Old Story Rd, a distance of 0.23 miles, there shall be expended not over the sum of $9,000.00 Type Oil & Stone Width of traveled surface 20’ wide_ i) On the road commencing at County route 67 and leading to dead end, highway known as ▇▇▇▇▇ Jr. Rd, a distance of 0.52 miles, there shall be expended not over the sum of $11,800.00 Type Oil & Stone Width of traveled surface 20’ wide j) On the road commencing at county route 39 and leading to cul-de-sac, highway known as Manor ▇▇▇▇▇ ▇▇, a distance of 0.21 miles, there shall be expended not over the sum of $7,500.00 Type Oil & Stone Width of travele...