Common use of Tenant Alterations and Improvements Clause in Contracts

Tenant Alterations and Improvements. 10.1 The original improvement of the Premises by Landlord shall be accomplished in accordance with Exhibit D attached hereto. It is understood and agreed that Landlord is under no obligation to make any structural or other alterations, decorations, additions or improvements in or to the Premises except as set forth in Exhibit D or as otherwise expressly provided in this Lease. 10.2 Tenant shall not make or permit anyone to make any alterations, decorations, additions or improvements (hereinafter referred to collectively as "improvements"), structural otherwise, in or to the Premises or the Building, without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Landlord agrees that Tenant may perform the following items of work within the Premises without being required to obtain Landlord's consent: painting, carpeting, low voltage wiring not affecting other premises or portions of the Building, and interior decorations; however, Tenant agrees to provide notice to Landlord of the work performed by Tenant. With respect to the low voltage wiring work performed by Tenant, Landlord shall have the right to inspect such work, and if the work has not been completed in accordance with common industry standards for such work, Landlord shall have the right to demand Tenant to take such corrective action as may be necessary to conform to said standards. When granting its consent (where applicable), Landlord may impose any reasonable conditions it deems appropriate, including, without limitation, the approval of plans and specifications, approval of the contractor or other persons who will perform the work, and the obtaining of specified insurance. Landlord agrees that its approval of Tenant's contractor and Tenant's plans and specifications shall not be unreasonably withheld. All improvements permitted by Landlord that are made by Tenant must conform to all laws, regulations and requirements of federal, state and county governments, and any other public or quasi-public authority having jurisdiction over the Premises. In the event Landlord grants such consent, as a condition precedent thereto, Tenant agrees to obtain and deliver to Landlord written, unconditional waivers of mechanics, and materialmen's liens against the Building and the Project from all proposed contractors, subcontractors, laborers and material suppliers for all work, labor and services to be performed and materials to be furnished in connection with improvements to the Premises. If, notwithstanding the foregoing, any mechanics, or materialmen's lien is filed against the Premises, the Building or Project, for work claimed to have been done for, or materials claimed to have been furnished to, the Premises, such lien shall be discharged by Tenant within ten (10) days thereafter, at Tenant's sole cost and expense, by the payment thereof or by the filing of a bond. If Tenant shall fail to discharge any such mechanics, or materialmen's lien, Landlord may, at its option, discharge such lien and treat the cost thereof (including attorneys' fees incurred in connection therewith) as additional rent due hereunder; it being expressly agreed that such discharge by Landlord shall not be deemed to waive or release the default of Tenant in not discharging such lien. It is understood and agreed that, in the event Landlord shall give 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 Project to any mechanics, or materialmen's liens which may be filed in connection therewith. Upon completion of the improvements, Tenant shall provide Landlord with five (5) sets of "as built" plans of these improvements. 10.3 Tenant shall indemnify and hold Landlord harmless from and against any and all expenses, liens, claims, liabilities and damages (including attorneys fees) based on or arising, directly or indirectly, by reason of the making of any improvements to the Premises. If any improvements are made without the prior written consent of Landlord, Landlord shall have the right to remove and correct such improvements and restore the Premises to their condition immediately prior thereto, and Tenant shall be liable for all expenses incurred by Landlord in connection therewith. All improvements to the Premises, or the Building, or the Project, made by either party shall immediately become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the end of the Lease Term; provided that if Tenant is not in default under this Lease, Tenant shall have the right to remove, prior to the expiration of the Lease Term, all movable furniture, furnishings and equipment installed in the Premises solely at the expense of Tenant. All damage and injury to the Premises, or the Building, or the Project caused by such removal shall be repaired by Tenant, at Tenant's sole expense. If such property of Tenant is not removed by Tenant prior to the expiration or termination of this Lease, the same shall become the property of Landlord and shall be surrendered with the Premises as a part thereof.

Tenant Alterations and Improvements. 10.1 The original improvement of the Premises by Landlord shall be accomplished TRADE FIXTURES; TENANT REPAIRS: In addition to those alterations and improvements provided for in accordance with Exhibit D attached hereto. It is understood and agreed that Landlord is under no obligation to make any structural or other alterationsSection 3 above, decorations, additions or improvements in or to the Premises except as set forth in Exhibit D or as otherwise expressly provided in this Lease. 10.2 Tenant shall not make or permit anyone have the right to make adapt from time to time Building 2 to its use and, in that connection, shall have the right to install manufacturing facilities, laboratory facilities, test centers, showcases, counters, electrical, telephone and other communications connections and other trade fixtures necessary to accommodate Tenant's business operation. Tenant shall obtain prior consent from Landlord for any major Tenant alterations and improvements and any alterations, decorations, additions improvements or improvements (hereinafter referred to collectively as "improvements"), structural otherwise, in or work of any kind with respect to the Premises or the Building, without the prior written consent of Landlordroof, which consent shall not be unreasonably withheld. Landlord agrees All Tenant alterations and improvements must be done in good, workmanlike and orderly fashion, and shall be of such nature that Tenant may perform as not to affect the following items of work within the Premises without being required to obtain Landlord's consent: painting, carpeting, low voltage wiring not affecting other premises safety or portions structural soundness of the Building, and interior decorations; however, Building 2. Tenant agrees to provide notice to Landlord of the work performed by Tenant. With respect to the low voltage wiring work performed by Tenant, Landlord shall have the right to inspect such work, and if the work has not been completed in accordance with common industry standards for such work, Landlord shall have the right to demand Tenant to take such corrective action as may be necessary to conform to said standards. When granting its consent (where applicable), Landlord may impose any reasonable conditions it deems appropriate, including, without limitation, the approval of plans and specifications, approval of the contractor or other persons who will perform the work, and the obtaining of specified insurance. Landlord agrees that its approval of Tenant's contractor and Tenant's plans and specifications shall not be unreasonably withheld. All improvements permitted by Landlord that are made by Tenant must conform to all laws, regulations and requirements of federal, state and county governments, and make any other public alterations or quasi-public authority having jurisdiction over the Premises. In the event Landlord grants such consent, as a condition precedent thereto, Tenant agrees to obtain and deliver to Landlord written, unconditional waivers of mechanics, and materialmen's liens against the Building and the Project from all proposed contractors, subcontractors, laborers and material suppliers for all work, labor and services to be performed and materials to be furnished in connection with improvements to the Premisesroof that are inconsistent with or void Landlord's warranty for the roof. IfLandlord's warranty shall permit the use of multiple contractors. Any and all alterations, notwithstanding improvements, additions and partitions, including the foregoinginstallation of trade fixtures, any mechanics, which may be made by Landlord or materialmen's lien is filed against by Tenant upon the Premises, the Building or Project, for work claimed to have been done for, or materials claimed to have been furnished to, the Premises, such lien shall be discharged by Tenant within ten (10) days thereafter, at Tenant's the sole cost and expense, by the payment thereof or by the filing of a bond. If Tenant shall fail to discharge any such mechanics, or materialmen's lien, Landlord may, at its option, discharge such lien and treat the cost thereof (including attorneys' fees incurred in connection therewith) as additional rent due hereunder; it being expressly agreed that such discharge by Landlord shall not be deemed to waive or release the default of Tenant in not discharging such lien. It is understood and agreed that, in the event Landlord shall give 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 Project to any mechanics, or materialmen's liens which may be filed in connection therewith. Upon completion of the improvements, Tenant shall provide Landlord with five (5) sets of "as built" plans of these improvements. 10.3 Tenant shall indemnify and hold Landlord harmless from and against any and all expenses, liens, claims, liabilities and damages (including attorneys fees) based on or arising, directly or indirectly, by reason of the making of any improvements to the Premises. If any improvements are made without the prior written consent of Landlord, Landlord shall have the right to remove and correct such improvements and restore the Premises to their condition immediately prior thereto, and Tenant shall be liable for all expenses incurred by Landlord in connection therewith. All improvements to the Premises, or the Building, or the Project, made by either party shall immediately become the absolute property of Landlord and shall remain upon and be surrendered with the Premises Premises, as a part thereof thereof, at the termination of this Lease (whether by default or otherwise), without disturbance, molestation or injury, with the exception that any such alterations, improvements, additions, partitions, or trade fixtures which relate specifically to Tenant's business may be removed from the Premises by Tenant upon termination of the Lease, provided that Tenant can accomplish such removal without damage to the Premises. Subject to all other terms of this Lease, Tenant shall take good care of Building 2 and fixtures, make good any injury or breakage done by Tenant or Tenant's agents, employees or visitors, and shall quit and surrender Building 2, at the end of the Lease Term; provided that if Tenant is not in default under this Lease, Tenant shall have the right to remove, prior to the expiration of the Lease Term, all movable furniture, furnishings and equipment installed in as good condition as the Premises solely at the expense of Tenant. All damage and injury to the Premises, or the Building, or the Project caused by such removal shall be repaired by Tenant, at Tenant's sole expense. If such property of Tenant is not removed by Tenant prior to the expiration or termination of this Lease, the same shall become the property of Landlord and shall be surrendered with the Premises as a part thereofreasonable use thereof will permit.