Additions and Improvements. Lessee accepts Premises in an “as is” condition. Notwithstanding any provision in this lease to the contrary, Lessee acknowledges and agrees that Lessor shall not be responsible or liable at any time for damage to any property or business of Lessee or those claiming by, under or through Lessee caused by or resulting from the bursting, breaking, leaking, running, seeping, overflowing or backing up of water, steam, gas, sewage, snow or ice in any part of the Premises or caused by or resulting from acts of God or the elements or any defect or negligence in the occupancy, construction, operation, renovation or use of the Premises or any improvements adjoining or in the vicinity of the Premises and/or any equipment, fixtures, machinery, appliances or apparatus therein. Lessor specifically retains responsibility and liability for its own acts or omissions that are determined to be an intentional or wanton act or gross negligence.
Additions and Improvements. The Borrower shall have the privilege of making additions, modifications, and improvements to any Site, and to the Project, from time to time provided that the additions, modifications, and improvements do not impair the operation or objectives of such Project. The Borrower shall pay the cost of such additions, modifications, and improvements and the same shall be the property of the Borrower and shall be included under the terms of this Assistance Agreement as part of the Site of the Project, or the Project, as the case may be. Nothing herein contained shall be construed as precluding the Authority and the Borrower from entering into one or more supplementary Assistance Agreements providing for a reallocation, an increase in the Loan, or an additional Loan or Loans in respect of additional projects undertaken by the Borrower.
Additions and Improvements. The Governmental Agency shall have the privilege of making additions, modifications and improvements to the sites of the Project, and to the Project itself from time to time provided that said additions, modifications and improvements do not impair the operation or objectives of the Project. The cost of such additions, modifications and improvements shall be paid by the Governmental Agency, and the same shall be the property of the Governmental Agency and shall be included under the terms of this Assistance Agreement as part of the site of the Project, or the Project, as the case may be. Nothing herein contained shall be construed as precluding the Authority and the Governmental Agency from entering into one or more supplementary Assistance Agreements providing for an additional Loan or Loans in respect of additional Projects undertaken by the Governmental Agency.
Additions and Improvements. Any and all additions and improvements to and replacements of any of the foregoing Assets as described in Sections 2(a) through 2(d) above occurring between the Effective Date and the Closing Date; provided, however, that Owner shall not cause or permit any such addition, improvement or replacement to be commenced or made other than (i) in accordance with Section 17 below; (ii) following Buyer’s prior written consent thereto (which consent may be given, not given or conditioned in Buyer’s sole discretion); or (iii) to the extent required by applicable law (in which event Owner shall pay all costs and expenses incurred in connection with such addition, improvement or replacement). For the avoidance of doubt, it is hereby declared that the sale and purchase of each of the Assets is interdependent and shall be completed simultaneously.
Additions and Improvements. Any parts installed or replacements made by Lessee upon any Unit of Equipment pursuant to additions, improvements or pursuant to Lessee's obligation to maintain and keep the Equipment in good order, condition and repair under this Article VIII shall in either case be considered accessions to such Unit of Equipment and title thereto immediately shall be vested in Lessor without cost or expense to Lessor. Lessee shall make no other additions or improvements to any Unit of Equipment unless the same are readily removable without causing damage to such Unit of Equipment, and provided that such additions, modifications and improvements do not diminish the condition, Fair Market Sales Value, utility, remaining useful life or expected residual value of such Unit of Equipment. Title to any such readily removable additions or improvements shall remain with Lessee. If Lessee shall at its cost cause such readily removable additions or improvements to be made to any Unit of Equipment, then, prior to the return of such Unit of Equipment to Lessor hereunder of the delivery of such Unit to a third party purchaser of such Unit, Lessee shall notify Lessor whether it intends to remove such readily removable additions and improvements and, thereafter, Lessee shall remove the same at its own expense without causing any damage to such Unit of Equipment; provided, however, that Lessor may, by delivery of written notice to Lessee prior to any such removal, elect to purchase any such readily removable additions for a price equal to the Fair Market Sales Value thereof. In the event that such removal causes damage to the applicable Unit of Equipment, Lessee shall promptly repair any such damage prior to the return of the Unit of Equipment to the Lessor or to such third-party purchaser. Title to any readily removable addition or improvement which has not been so removed by Lessee from any Unit of Equipment when such Unit is returned to Lessor pursuant to this Lease or delivered to a third party purchaser of such Unit shall thereupon be vested in Lessor or such purchaser.
Additions and Improvements. Incur directly or indirectly or allow its subsidiaries to incur any expenditure or enter into contracts for expenditures for additions and improvements to Borrower’s or Subsidiary’s assets, in a sum exceeding $250,000.00 individually and no more than $750,000.00 in the aggregate.
Additions and Improvements. No substantial portion of any improvement on the subject property shall be demolished or removed by LESSEE without the prior written consent of COUNTY. If necessary or appropriate, the LESSEE may at any time during the lease term, subject to the conditions set forth below and at its own expense, make alterations, additions, or improvements in and to the subject property and the buildings. Alterations shall be performed in a workmanlike manner and shall not weaken or impair the structural strength, or lessen the value, of any improvements on the premises. Conditions with respect to alterations, additions, or improvements are as follows: Before the commencement of any work with an estimated cost of $5000.00 or more, all plans and specifications shall be submitted to the COUNTY for written approval by the Director of the COUNTY'S Facilities and Solid Waste Department. The LESSEE shall also obtain separate and independent approval from all governmental departments or authorities having regulatory authority over that construction and any public utility company having an interest therein. All work shall be performed in accordance with the requirements of all applicable regulations. For construction with an estimated cost of $5000.00 or more, the LESSEE shall obtain both a payment bond and a performance bond in the full amount of the contract prior to the commencement of construction work on the subject property. These bonds shall be in the form required for public building construction by the provisions of Chapter 2, Title 34 of the Arizona revised Statutes. All alterations, additions, and improvements on or in the subject property at the commencement of the term, and that may be erected or installed during the term, shall become part of the subject property and the sole property of COUNTY, except that all moveable trade fixtures installed by LESSEE shall be and remain the property of LESSEE.
Additions and Improvements. Pennsylvania-American may make additions, improvements, and modifications to the Treatment Plant in its sole discretion. If the construction of additional facilities is required for a Customer Expansion Request or to treat Wastewater requiring specialized treatment emanating exclusively or in part from West Manchester Township other than a customer that is subject to the IPP, West Manchester Township shall pay the full or proportional cost as may be agreed to between the Parties. West Manchester Township shall have the right of engineering review and audit of construction costs at West Manchester Township’s sole expense. If the construction of additional facilities is for the benefit of Pennsylvania-American’s customers other than West Manchester Township, West Manchester Township shall not be required to participate in the cost of expansion.
Additions and Improvements. Tenant shall make no alterations, additions, or improvements in or to the Premises without the express prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. If a building permit is required in connection with any alterations, additions, or improvements proposed by Tenant, Tenant shall furnish Landlord for its approval (which approval shall not be unreasonably withheld or delayed) detailed plans and specifications therefor. All additions, alterations and improvements made by Tenant hereunder shall be installed in a good and workmanlike manner, using only materials of the same or higher quality as those originally installed in the Premises. Whether Tenant furnishes Landlord with the foregoing or not, Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all liabilities, costs and expenses of every kind and description, including attorneys' fees, which may arise out of or be in any manner connected with said alterations, additions, or improvements. Tenant shall pay the cost of all such alterations, additions or improvements. Upon completion of any such alterations, additions, or improvements, Tenant shall furnish Landlord with contractors' affidavits and full and final waivers of lien, together with receipted bills covering all labor and materials expended and used, in full compliance with the applicable mechanics' lien law. \ Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant upon credit, and that no mechanic's or other lien for any such labor or material shall attach to or affect the reversion or other estate or interest of Landlord in and to the Premises. All alterations, additions or improvements shall comply with all requirements of all insurance carriers providing insurance coverage on the Premises and with all laws, rules, ordinances and regulations of any lawful authority. Tenant shall permit Landlord to observe construction operations and to inspect any alterations, additions, or improvements if Landlord requests the right to do so (but Landlord shall have no obligation to make such request). All alterations, additions, or improvements, whether temporary or permanent, including hardware, non-trade fixtures and wall and floor coverings, but excluding removable trade fixtures, in or upon the Premises, whether placed there by Landlord or Tenant, shall become Landlord's property and shall remain with th...
Additions and Improvements. Tenant shall not create any openings in any roof or exterior walls, nor make any alterations, additions, or improvements to the leased premises without the prior written consent of Owner. Consent for nonstructural alterations, additions or improvements shall not be unreasonably withheld by Owner. Tenant shall have the right at all times to erect or install trade fixtures, provided that Tenant complies with all applicable governmental laws, ordinances and regulations. All alterations, additions, or improvements made by Tenant shall become the property of Owner at the termination of this Lease; however, the Tenant shall promptly remove, if Owner so elects, all alterations, additions, and improvements, and any other property placed in the premises by Tenant, and Tenant shall repair any damage caused by such removal.
