Common use of Subsequent Improvements Clause in Contracts

Subsequent Improvements. Tenant shall have the right, from time to time, to make interior, non-structural alterations to the Premises as Tenant shall desire without Landlord's prior consent; provided, however, that (i) as to any Material Alteration, (A) Tenant shall submit to Landlord, at least ten (10) business days in advance of the proposed construction date, a floor plan generally depicting any changes to the configuration of space within the building and a listing of the proposed alterations (and the cost thereof) to be completed in such Material Alteration, and Landlord must, in its reasonable opinion, approve or object to such Material Alteration within ten (10) business days after Landlord’s receipt of such floor plan and listing of the proposed alteration, and (B) at Landlord’s reasonable request, Tenant shall deliver to Landlord contractors’ unconditional payment and performance bonds for such work naming Landlord and Tenant as dual obligees; and (ii) as to all construction or alteration (regardless of whether any such activities constitute Material Alteration), all construction shall be completed in a workmanlike manner and in compliance with applicable laws, at Tenant’s sole expense. Landlord’s failure to respond to Tenant’s request for approval of any proposed Material Alteration within ten (10) business days after Landlord’s receipt thereof shall be deemed to constitute Landlord’s approval of such proposed Material Alteration. In the event Landlord objects to any proposed Material Alteration as provided above, Tenant may re-submit a revised floor plan and/or listing of the proposed Tenant’s Improvements for review by Landlord as provided in this Section 5(a)(ii). Changes or alterations to any floor plan and listing of proposed Material Alteration previously approved by Landlord that would affect the total cost thereof by more than Ten Thousand and No/100 Dollars ($10,000.00) shall constitute new Material Alteration which must be submitted to Landlord or approval as provided above in this Section 5(a)(ii). One reproducible final copy of the plans for all completed Material Alterations shall be signed by Tenant and submitted to Landlordwithin ninety (90) days following the completion thereof. All alterations shall not weaken the structural strength or materially decrease the value of the Premises and shall be constructed in compliance with the requirements of this Lease. Prior to the commencement of construction, all required approvals of such construction must have been obtained from the applicable governmental authorities and utilities having jurisdiction thereof. Upon completion of the construction or alteration, Tenant shall provide Landlord: (i) with respect to a Material Alteration, a certification from the applicable construction contractor, architect or engineer that such alterations or improvements have been constructed, altered or changed in strict compliance with all applicablelaws, and (ii) with respect to a Material Alteration, a fully executed lien waiver, in a form reasonably acceptable to Landlord, from each contractor or subcontractor participating in such construction or alteration or change of such alterations or improvements, if and as applicable. Landlord shall be permitted to inspect such constructed, altered or changed improvements, at Landlord's expense. Except as set forth herein, Tenant shall not remove or demolish, in whole or in part, any alterations or improvements upon or within the Premises without the prior approval of Landlord, which approval may be conditioned upon the obligation of Tenant to return the Premises to their original condition, wear and tear and casualty excepted. All alterations and improvements shall be included within the meaning of the term “Premises” hereunder.

Subsequent Improvements. Landlord acknowledges that Tenant shall have is leasing the right, from Premises with an option to require Landlord to expand the Premises at some time during the first twenty-four (24) months of the Lease Term to time, to make interior, non-structural alterations include (1) an addition to the Premises as Tenant shall desire without Landlord's prior consent; providedBuilding for chemical storage of approximately 15,000 square feet, however, that (i) as with a blast wall to any Material Alteration, (A) Tenant shall submit to Landlord, at least ten (10) business days in advance separate the chemical storage area from the rest of the proposed construction dateBuilding and (2) to construct a loading dock. Tenant will provide Landlord with the plans and specifications for such expansion. As promptly as practical thereafter, L▇▇▇▇▇▇▇ will obtain fixed price bids for the expansion from W▇▇▇▇▇▇ Davco and other contractors acceptable to Landlord and Tenant. If Tenant approves in writing a floor plan generally depicting bid for this expansion, then Landlord shall complete or cause the selected contractor to complete the expansion in good and workmanlike manner, in accordance with all laws, codes, and ordinances, and in accordance with the plans and specifications provided by Tenant as promptly as practical. The cost of the expansion as reflected in the approved bid and any changes additions to the configuration of space within the building and a listing of the proposed alterations (and the cost thereof) to be completed bid approved in such Material Alteration, writing by T▇▇▇▇▇ and Landlord must, in its reasonable opinion, approve or object to such Material Alteration within ten (10) business days after Landlord’s receipt of such floor plan and listing of the proposed alteration, and (B) at Landlord’s reasonable request, Tenant shall deliver to Landlord contractors’ unconditional payment and performance bonds for such work naming Landlord and Tenant as dual obligees; and (ii) as to all construction or alteration (regardless of whether any such activities constitute Material Alteration), all construction shall be completed in a workmanlike manner and in compliance with applicable laws, at Tenant’s sole expensepaid by Landlord. Landlord’s failure to respond to Tenant’s request for approval of any proposed Material Alteration within ten (10) business days after Landlord’s receipt thereof payment shall be deemed amortized as Additional Rent to constitute Landlordbe paid by T▇▇▇▇▇ as Additional Rent together with Base Rent in equal monthly installments over the remaining Lease Term, together with the interest on the unpaid balance thereof at seven percent (7.0%) per annum, commencing upon issuance of a certificate of occupancy for the expansion space. If Landlord is unwilling or fails to complete the expansion as herein provided, then T▇▇▇▇▇’s approval of such proposed Material Alteration. In the event Landlord objects to any proposed Material Alteration as provided above, Tenant may re-submit a revised floor plan and/or listing of the proposed Tenant’s Improvements for review by Landlord as provided in this Section 5(a)(ii). Changes or alterations to any floor plan and listing of proposed Material Alteration previously approved by Landlord that would affect the total cost thereof by more than Ten Thousand and No/100 Dollars ($10,000.00) shall constitute new Material Alteration which must be submitted to Landlord or approval as provided above in this Section 5(a)(ii). One reproducible final copy of the plans for all completed Material Alterations sole remedy therefor shall be signed by Tenant and submitted to Landlordwithin terminate this Lease upon ninety (90) days following the completion thereof. All alterations shall not weaken the structural strength or materially decrease the value of the Premises and shall be constructed in compliance with the requirements of this Lease. Prior to the commencement of construction, all required approvals of such construction must have been obtained from the applicable governmental authorities and utilities having jurisdiction thereof. Upon completion of the construction or alteration, Tenant shall provide Landlord: (i) with respect to a Material Alteration, a certification from the applicable construction contractor, architect or engineer that such alterations or improvements have been constructed, altered or changed in strict compliance with all applicablelaws, and (ii) with respect to a Material Alteration, a fully executed lien waiver, in a form reasonably acceptable prior written notice to Landlord, from each contractor or subcontractor participating in with such construction or alteration or change of such alterations or improvements, if and as applicable. notice to be effective to be provided Landlord shall be permitted to inspect such constructed, altered or changed improvements, at Landlord's expense. Except as set forth herein, Tenant shall not remove or demolish, in whole or in part, any alterations or improvements upon or within by no later than the Premises without the prior approval of Landlord, which approval may be conditioned upon the obligation of Tenant to return the Premises to their original condition, wear and tear and casualty excepted. All alterations and improvements shall be included within the meaning thirty-sixth (36th) month of the term “Premises” hereunderLease Term.

Subsequent Improvements. Landlord acknowledges that Tenant shall have is leasing the right, from Premises with an option to require Landlord to expand the Premises at some time during the first twenty-four (24) months of the Lease Term to time, to make interior, non-structural alterations include (1) an addition to the Premises Building for chemical storage of approximately 15,000 square feet, with a blast wall to separate the chemical storage area from the rest of the Building and (2) to construct a loading dock. Tenant will provide Landlord with the plans and specifications for such expansion. As promptly as practical thereafter, Landlord will obtain fixed price bids for the expansion from W▇▇▇▇▇▇ Davco and other contractors acceptable to Landlord and Tenant. If Tenant approves in writing a bid for this expansion, then Landlord shall desire without complete or cause the selected contractor to complete the expansion in good and workmanlike manner, in accordance with all laws, codes, and ordinances, and in accordance with the plans and specifications provided by Tenant as promptly as practical. The cost of the expansion as reflected in the approved bid and any additions to the bid approved in writing by Tenant and Landlord shall be paid by Landlord's prior consent; . Landlord’s payment shall be amortized as Additional Rent to be paid by Tenant as Additional Rent together with Base Rent in equal monthly installments over the remaining Lease Term, together with the interest on the unpaid balance thereof at seven percent (7.0%) per annum, commencing upon issuance of a certificate of occupancy for the expansion space. If Landlord is unwilling or fails to complete the expansion as herein provided, however, that (i) as to any Material Alteration, (A) Tenant shall submit to Landlord, at least ten (10) business days in advance of the proposed construction date, a floor plan generally depicting any changes to the configuration of space within the building and a listing of the proposed alterations (and the cost thereof) to be completed in such Material Alteration, and Landlord must, in its reasonable opinion, approve or object to such Material Alteration within ten (10) business days after Landlord’s receipt of such floor plan and listing of the proposed alteration, and (B) at Landlord’s reasonable request, Tenant shall deliver to Landlord contractors’ unconditional payment and performance bonds for such work naming Landlord and Tenant as dual obligees; and (ii) as to all construction or alteration (regardless of whether any such activities constitute Material Alteration), all construction shall be completed in a workmanlike manner and in compliance with applicable laws, at then Tenant’s sole expense. Landlord’s failure to respond to Tenant’s request for approval of any proposed Material Alteration within ten (10) business days after Landlord’s receipt thereof remedy therefor shall be deemed to constitute Landlord’s approval of such proposed Material Alteration. In the event Landlord objects to any proposed Material Alteration as provided above, Tenant may re-submit a revised floor plan and/or listing of the proposed Tenant’s Improvements for review by Landlord as provided in terminate this Section 5(a)(ii). Changes or alterations to any floor plan and listing of proposed Material Alteration previously approved by Landlord that would affect the total cost thereof by more than Ten Thousand and No/100 Dollars ($10,000.00) shall constitute new Material Alteration which must be submitted to Landlord or approval as provided above in this Section 5(a)(ii). One reproducible final copy of the plans for all completed Material Alterations shall be signed by Tenant and submitted to Landlordwithin Lease upon ninety (90) days following the completion thereof. All alterations shall not weaken the structural strength or materially decrease the value of the Premises and shall be constructed in compliance with the requirements of this Lease. Prior to the commencement of construction, all required approvals of such construction must have been obtained from the applicable governmental authorities and utilities having jurisdiction thereof. Upon completion of the construction or alteration, Tenant shall provide Landlord: (i) with respect to a Material Alteration, a certification from the applicable construction contractor, architect or engineer that such alterations or improvements have been constructed, altered or changed in strict compliance with all applicablelaws, and (ii) with respect to a Material Alteration, a fully executed lien waiver, in a form reasonably acceptable prior written notice to Landlord, from each contractor or subcontractor participating in with such construction or alteration or change of such alterations or improvements, if and as applicable. notice to be effective to be provided Landlord shall be permitted to inspect such constructed, altered or changed improvements, at Landlord's expense. Except as set forth herein, Tenant shall not remove or demolish, in whole or in part, any alterations or improvements upon or within by no later than the Premises without the prior approval of Landlord, which approval may be conditioned upon the obligation of Tenant to return the Premises to their original condition, wear and tear and casualty excepted. All alterations and improvements shall be included within the meaning thirty-sixth (36th) month of the term “Premises” hereunderLease Term.