ALTERATIONS & IMPROVEMENTS Tenant shall not make any alterations, additions or improvements or do any type of construction to the Property without first obtaining Landlord's written consent. Unless prior written agreement is reached between Tenant and Landlord, any such alterations, additions, improvements or construction shall become part of the Property and shall remain at the expiration of Tenant's Lease term. If Landlord approves of alterations, additions, improvements or construction in writing and Tenant intends to use contractors to undertake such work, the contractors must first be approved in writing by Landlord. Tenant must also place any funds to cover the amount of any alterations, additions, improvements or construction in an escrow account approved by Landlord before the commencement of the work. Landlord shall designate the times and manner of the work being done, exclusively.
Removal of Alterations If Tenant fails to remove by the expiration or earlier termination of this Lease all of its personal property, or any Alterations identified by Landlord for removal, Landlord may, at its option, treat such failure as a hold-over pursuant to Subparagraph 11(b) above, and/or Landlord may (without liability to Tenant for loss thereof) treat such personal property and/or Alterations as abandoned and, at Tenant's sole cost and expense, and in addition to Landlord's other rights and remedies under this Lease, at law or in equity: (a) remove and store such items; and/or (b) upon ten (10) days prior notice to Tenant, sell, discard or otherwise dispose of all or any such items at private or public sale for such price as Landlord may obtain or by other commercially reasonable means. Tenant shall be liable for all costs of disposition of Tenant's abandoned property and Landlord shall have no liability to Tenant with respect to any such abandoned property. Landlord agrees to apply the proceeds of any sale of any such property to any amounts due to Landlord under this Lease from Tenant (including Landlord's attorneys' fees and other costs incurred in the removal, storage and/or sale of such items), with any remainder to be paid to Tenant.
Structural 3.4.1. Layout structural systems with dimensions and floor elevations. Identify structural systems (including pre-cast, structural steel with composite deck, structural steel bar joists); with preliminary sizing identified. 3.4.2. Identify foundation systems (including fill requirements, piles, caissons, spread footings); with preliminary sizing identified.
Alterations Tenant shall not alter or add to any part of the Demised Premises except with Landlord's prior consent which consent shall not be unreasonably withheld or delayed. Tenant shall make all alterations and additions to the Demised Premises at its own risk and cost and in accordance with all applicable laws, and shall indemnify Landlord against all expenses, liens, claims, or damages to either persons or property or to the Demised Premises arising out of or resulting from such alterations or additions. All alterations and additions shall be subject to the approval of Landlord which shall not be unreasonably withheld or delayed and shall remain after the termination of this Lease for the benefit of Landlord unless otherwise provided in said consent. No alterations or additions to the Demised Premises shall be made unless Tenant uses a general contractor reasonably approved by Landlord. Notwithstanding the foregoing, (a)(i) the freight elevator shall not be overloaded beyond the factory certified limits, (ii) any damage to the elevator shall be repaired at Tenant's expense, and (iii) Tenant agrees to use Landlord's current contractor for installation, maintenance, and repairs to the freight elevator; and (b) no modification of the electrical, HVAC, plumbing, fire sprinkler, fire control and suppression systems (halon), and building automation systems of the Demised Premises shall be permitted without Landlord's prior written consent and Landlord's approval of the contractor.
Undue Burden and Fundamental Alteration For any technology-related requirement in this Agreement for which the Recipient asserts an undue burden or fundamental alteration defense, such assertion may only be made by the Superintendent or by an individual designated by the Superintendent and who has budgetary authority after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion, including the cost of meeting the requirement and the available funding and other resources. The written statement will be certified by the determining official. If such a determination is made, the certifying official will describe in the written statement how it will provide equally effective alternate access, i.e., other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the same benefits or services provided by the Recipient as their nondisabled peers.