Base Building Elements definition
Examples of Base Building Elements in a sentence
If forty (40%) percent or more of the Premises or any Base Building Elements shall be so taken and the Premises or the remaining area of the Premises, as the case may be, shall no longer be sufficient or suitable, in Tenant’s reasonable judgment, for Tenant to continue the operation of its business, Tenant may, at its option, terminate this Lease by giving Landlord notice to that effect within 90 days after the Date of the Taking.
In the case of any of Tenant's Specialized Improvements/Base Building Upgrades or Subsequent Alterations and Improvements which are Base Building Elements similar in nature to TSI/BBU, Tenant may, at its option, prior to surrendering the Premises, remove such improvements or the relevant components thereof and replace the same with standard versions.
The term "Premises Base Building Elements" shall mean (x) any portion of the Building's structure, shell or core in, on or about the Premises, and (y) any portion of any Building System (as such term is defined in Section 9.05 hereof) in, on or about the Premises, excluding, in either case, any alteration, addition or improvement thereto made by Tenant.
All awards, damages and compensation on account of any such taking of the Premises (including (a) Tenant's Specialized Improvements/Base Building Upgrades and (b) any Subsequent Alterations and Improvements made by Tenant which are Base Building Elements) shall belong and be payable to Landlord.
Tenant shall neither make nor allow any alterations, decorations, replacements, changes, additions or improvements (collectively referred to as "Alterations") to the Premises or any part thereof that will or may require changes to or otherwise adversely affect the Base Building Elements, without the prior written consent of Landlord, which may be withheld by Landlord in its sole discretion.
As used herein, the term "Minor Alterations" means those Alterations which (i) are not visible from the exterior of the Premises, (ii) are not structural, (iii) will not adversely affect the Base Building Elements, and (iv) are made in conformance with all applicable Legal Requirements.
If governmentally required changes to the Base Building Elements are triggered by (i) Tenant’s use of the Premises other than for ordinary office purposes, or (ii) construction of any Alterations by Tenant, then Landlord shall make such changes to the Base Building Elements at Tenant’s expense; provided, however, prior to commencing such changes to the Base Building Elements Landlord shall notify Tenant of such changes together with the estimated cost therefore.
Tenant may, however, make a separate claim to the taking authority for any of (a) Tenant's Fixtures and Equipment and Subsequent Alterations and Improvements made by Tenant which are not Base Building Elements, (b) Tenant's other trade fixtures, equipment and personal property which were taken, and (c) relocation expenses.
Notwithstanding anything herein to the contrary, approval by Landlord of the Tenant’s Plans or any Change Orders thereto shall not constitute an assurance or representation by Landlord that: (I) the Tenant Improvements satisfy Legal Requirements or the Tenant’s Plans are sufficient to obtain a building permit for the undertaking of the Tenant Improvements in the Premises; or (II) will not affect the Base Building Elements.
Base Building Elements are distinguished from and do not include additional special fixtures, furnishings and equipment installed to meet the requirements of Tenant's particular business or uses.