Subsequent Alterations. Subject to the following sentence, Tenant shall not make or permit anyone to make any alterations, additions or improvements (referred to herein collectively as “improvements”) in or to the Premises without the prior written consent of Landlord (which consent shall not be unreasonably withheld, conditioned or delayed). Notwithstanding anything to the contrary contained in this Article 9, Landlord’s consent shall not be required with respect to any proposed improvements that (i) do not affect the structure of the Building or the structural components of the Premises, (ii) will not cause an interruption of, or reduction in, the functioning of the mechanical, electrical, life safety, security, plumbing, HVAC, telecommunications, or other systems in the Project or either Building, (iii) are not visible from the exterior of the Premises, and (iv) comply in all respects with the Building Standards, provided that Tenant shall provide Landlord in advance with a list of any contractors, subcontractors, vendors or agents prior to such person(s) gaining access into the Building, and each such person(s) shall be subject to Landlord’s approval and general and standard security protocols as are uniformly enforced for the Project, and insurance requirements as are uniformly enforced for the Project, prior to entry into the Building. Landlord shall have the right to prohibit any such contractors, subcontractors, vendors or agents from performing work in the Building to the extent, in Landlord’s reasonable opinion such contractors are not qualified to work in the Building and as a result may negatively impact the Building’s or the other tenants’ operations in the Building. Tenant shall furnish Landlord with advance written notification of any material improvement to the Premises (each request for consent for improvements or each notice of material improvements to the Premises is referred to as an “Improvement Notification”), which Improvement Notification shall include sufficiently detailed plans and specifications as Landlord shall reasonably require. All work under this Section 9.3 shall be scheduled with Landlord using the Rules and Regulations (hereinafter defined). Prior to performing any improvements where Landlord’s consent would be required, Tenant shall obtain Landlord’s approval of all plans and specifications, and shall obtain the approval by Landlord of the contractor or other persons who will perform the work (which approval, in each case, shall not be unreasonably withheld, conditioned or delayed and which will be deemed given if Landlord fails to respond within ten (10) days to Tenant’s request for consent). Tenant’s right to perform any improvements shall be conditioned upon Tenant’s obtaining and delivering to Landlord copies of all necessary permits and approvals for such work and Tenant’s obtaining and providing Landlord with certificates of insurance evidencing specified insurance. All improvements performed by or for Tenant must conform to all Legal Requirements. Landlord’s review and approval of any plans and specifications or consent to the performance of work described therein (if such consent is required hereunder) shall not be deemed an agreement by Landlord that such plans, specifications and work conform with all applicable Legal Requirements and requirements of the insurers of the Building (“Insurance Requirements”), shall not be deemed a waiver of Tenant’s obligations under this Lease with respect to Legal Requirements and Insurance Requirements and shall not impose any liability or obligation upon Landlord with respect to the completeness, design sufficiency or compliance with Legal Requirements or Insurance Requirements of such plans, specifications and work. Tenant agrees to permit Landlord to post notices of non-responsibility within the Premises. Upon completion of any material improvements, Tenant shall provide Landlord with final release of lien forms executed by all major contractors, subcontractors, laborers and materials suppliers. If, notwithstanding the foregoing, any mechanic’s or materialmen’s lien is filed against the Premises, the Building, the Project and/or the Land, for work claimed to have been done for, or materials claimed to have been furnished to, the Premises on Tenant’s account, such lien shall be discharged by Tenant within thirty (30) days after Tenant has notice thereof, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a surety bond in form legally sufficient to discharge the lien. If Tenant shall fail to discharge any such mechanic’s or materialmen’s lien, Landlord may, at its option, discharge such lien and treat the out-of-pocket cost thereof (including reasonable attorneys’ fees incurred in connection therewith) as Additional Rent payable with the next monthly installment of Base Rent falling due. It is understood and agreed that any improvements to the Premises shall be conducted on behalf of Tenant and that Tenant shall be fully responsible therefor. It is further agreed that if Landlord gives its written consent to the making of any improvements to the Premises, such written consent shall not be deemed to be an agreement or consent by Landlord to subject its interest in the Premises, the Building or the Land to any mechanic’s, materialmen’s or other liens that may be filed in connection therewith. Upon completion of any improvements by Tenant for which consent is required hereunder, Tenant shall provide Landlord with as-built architectural plans showing the work including electrical, plumbing and mechanical systems. Notwithstanding the foregoing, no improvements of any kind shall be made that would (i) decrease the size of the Premises or any part thereof, (ii) materially diminish the value of the Project, (iii) give or purport to give to any third party any easement or right of way, or license to the Premises or Property except as otherwise described in Section 11.2 or otherwise in this Lease, or (iv) interfere with the business operations of Landlord or another tenant or occupant of the Building.
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Sources: Purchase and Sale Agreement (Fisher Communications Inc)
Subsequent Alterations. Subject to the following sentence, Tenant shall not make or permit anyone to make any alterations, additions or improvements (referred to herein collectively as “improvements”) in or to the Premises without the prior written consent of Landlord (which consent shall not be unreasonably withheld, conditioned or delayed). Notwithstanding anything to the contrary contained in this Article 9, Landlord’s consent shall not be required with respect to any proposed improvements that (i) do not affect the structure of the Building or the structural components of the Premises, (ii) will not cause an interruption of, or reduction in, the functioning of the mechanical, electrical, life safety, security, plumbing, HVAC, telecommunications, or other systems in the Project or either Building, (iii) are not visible from the exterior of the Premises, and (iv) comply in all respects with the Building Standards, provided that Tenant shall provide Landlord in advance with a list of any contractors, subcontractors, vendors or agents prior to such person(s) gaining access into the Building, and each such person(s) shall be subject to Landlord’s approval and general and standard security protocols as are uniformly enforced for the Project, and insurance requirements as are uniformly enforced for the Project, prior to entry into the Building. Landlord shall have the right to prohibit any such contractors, subcontractors, vendors or agents from performing work in the Building to the extent, in Landlord’s reasonable opinion such contractors are not qualified to work in the Building and as a result may negatively impact the Building’s or the other tenants’ operations in the Building. Tenant shall furnish Landlord with advance written notification of any material improvement to the Premises (each request for consent for improvements or each notice of material improvements to the Premises is referred to as an “Improvement Notification”), which Improvement Notification shall include sufficiently detailed plans and specifications as Landlord shall reasonably require. All work under this Section 9.3 shall be scheduled with Landlord using the Rules and Regulations (hereinafter defined). Prior to performing any improvements where Landlord’s consent would be required, Tenant shall obtain Landlord’s approval of all plans and specifications, and shall obtain the approval by Landlord of the contractor or other persons who will perform the work (which approval, in each case, shall not be unreasonably withheld, conditioned or delayed and which will be deemed given if Landlord fails to respond within ten (10) days to Tenant’s request for consent). Tenant’s right to perform any improvements shall be conditioned upon Tenant’s obtaining and delivering to Landlord copies of all necessary permits and approvals for such work and Tenant’s obtaining and providing Landlord with certificates of insurance evidencing specified insurance. All improvements performed by or for Tenant must conform to all Legal Requirements. Landlord’s review and approval of any plans and specifications or consent to the performance of work described therein (if such consent is required hereunder) shall not be deemed an agreement by Landlord that such plans, specifications and work conform with all applicable Legal Requirements and requirements of the insurers of the Building (“Insurance Requirements”), shall not be deemed a waiver of Tenant’s obligations under this Lease with respect to Legal Requirements and Insurance Requirements and shall not impose any liability or obligation upon Landlord with respect to the completeness, design sufficiency or compliance with Legal Requirements or Insurance Requirements of such plans, specifications and work. Tenant agrees to permit Landlord to post notices of non-responsibility within the Premises. Upon completion of any material improvements, Tenant shall provide Landlord with final release of lien forms executed by all major contractors, subcontractors, laborers and materials suppliers. If, notwithstanding the foregoing, any mechanic’s or materialmen’s lien is filed against the Premises, the Building, the Project and/or the Land, for work claimed to have been done for, or materials claimed to have been furnished to, the Premises on Tenant’s account, such lien shall be discharged by Tenant within thirty (30) days after Tenant has notice thereof, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a surety bond in form legally sufficient to discharge the lien. If Tenant shall fail to discharge any such mechanic’s or materialmen’s lien, Landlord may, at its option, discharge such lien and treat the out-of-pocket cost thereof (including reasonable attorneys’ fees incurred in connection therewith) as Additional Rent payable with the next monthly installment of Base Rent falling due. It is understood and agreed that any improvements to the Premises shall be conducted on behalf of Tenant and that Tenant shall be fully responsible therefor. It is further agreed that if Landlord gives its written consent to the making of any improvements to the Premises, such written consent shall not be deemed to be an agreement or consent by Landlord to subject its interest in the Premises, the Building or the Land to any mechanic’s, materialmen’s or other liens that may be filed in connection therewith. Upon completion of any improvements by Tenant for which consent is required hereunder, Tenant shall provide Landlord with as-built architectural plans showing the work including electrical, plumbing and mechanical systems. Notwithstanding the foregoing, no improvements of any kind shall be made that would (i) decrease the size of the Premises or any part thereof, (ii) materially diminish the value of the Project, (iii) give or purport to give to any third party any easement or right of way, or license to the Premises or Property except as otherwise described in Section 11.2 or otherwise in this Lease, or (iv) interfere with the business operations of Landlord or another tenant or occupant of the Building.Legal
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