Common use of ALTERATIONS AND ADDITIONS, ETC Clause in Contracts

ALTERATIONS AND ADDITIONS, ETC. (a) The Mortgagor will not make or permit any material demolition, alteration, installation, addition, improvement, decoration or new construction (an "Alteration") to the Premises unless undertaken in accordance with, or not otherwise prohibited by, the applicable provisions of this Mortgage, the REA and the Leases and unless no Event of Default shall have occurred and be continuing or shall occur as a result of such action (except in the case that the Alteration is required to cure the Event of Default). The Mortgagor shall give the Mortgagee an Architect's itemized cost estimate of any Alteration reasonably estimated to exceed $150,000. Any Alteration which involves an estimated cost of more than $250,000 shall be conducted under the supervision of an Architect and no such Alteration shall be undertaken until five Business Days after there shall have been filed with the Mortgagee, for information purposes only and not for approval by the Mortgagee (unless otherwise required hereunder), detailed plans and specifications and cost estimates therefor, prepared and approved in writing by such Architect. Such plans and specifications may be revised at any time and from time to time provided that material revisions of such plans and specifications are filed with the Mortgagee, for information purposes only, together with the written approval thereof by such Architect. All work done in connection with any Alteration shall be performed with due diligence in a good and workmanlike manner, all materials used in connection with any Alteration shall be not less than the standard of quality of the materials currently used at the Premises and all work shall be performed and all materials used in accordance with all applicable Legal Requirements and Insurance Requirements. The cost of any Alteration shall be promptly and fully paid for by the Mortgagor or the Tenant performing the Alteration, subject to the Mortgagor's right to contest any amount claimed to be due in accordance with the provisions in Article 11 of this Mortgage.

ALTERATIONS AND ADDITIONS, ETC. Lessee at its sole expense may make reasonable alterations of and additions to the Improvements or any part thereof; provided, however, that Lessee obtains Lessor's prior written consent, which consent shall not be unreasonably withheld, and any such alteration or addition (a) The Mortgagor shall not impair the general character of the Improvements or reduce the fair market value of any such Improvements below the fair market value of such Improvements immediately before such alteration or addition (assuming the Property was then being maintained in accordance with the terms of this Lease), (b) shall be effected with due diligence, in a good and workmanlike manner and in compliance with all Legal Requirements, Insurance Requirements and the provisions of Section 16 hereof, and (c) shall be fully paid for by Lessee upon its construction or installation on the Property, provided Lessee may contest, by appropriate legal proceedings conducted in good faith and with due diligence, any claims by contractors or subcontractors arising from any such alterations or additions, provided that Lessee shall have furnished to Lessor such security as Lessor may reasonably deem necessary to assure the ultimate payment of the contested amount. Lessee agrees to carry and will not make or permit any material demolitioncause Lessee's contractors and subcontractors to carry such xxxxxxx'x compensation, alterationgeneral liability, installationpersonal and property damage insurance as Lessor may reasonably require. Lessee agrees to obtain and deliver to Lessor, addition, improvement, decoration or new construction (an "Alteration") to the Premises unless undertaken extent available pursuant to law and current construction industry practices, written and unconditional waivers of mechanic's liens upon the Property for all work, labor and services to be performed and materials to be furnished in accordance withconnection with such work, signed by all contractors, subcontractors, materialmen and laborers involved in such work. Without limiting the generality of the foregoing, any alteration or not otherwise prohibited by, addition to the applicable provisions of this Mortgage, the REA and the Leases and unless no Event of Default shall have occurred and be continuing or shall occur as a result of such action (except in the case that the Alteration Improvements which is required to cure the Event of Default). The Mortgagor shall give the Mortgagee an Architect's itemized cost estimate of any Alteration reasonably estimated to exceed cost more than $150,000. Any Alteration which involves 250,000 (or which, when aggregated with the cost of all alterations and additions performed in respect of such Improvements during the immediately preceding twelve-month period, would require an estimated cost aggregate expenditure of more than $250,000 250,000, shall be conducted performed under the supervision of an Architect and no such Alteration shall be undertaken until five Business Days after there shall have been filed with the Mortgageeengineer or architect reasonably acceptable to Lessor (but who may be, for information purposes only and not for approval by the Mortgagee (unless otherwise required hereunderin either case, an employee of Lessee), detailed plans pursuant to, and in accordance with, plans, specifications and cost estimates thereforreviewed by, prepared and approved reasonably acceptable to, Lessor, and, in writing by addition, Lessee shall furnish to Lessor, prior to the commencement of each such Architectalteration or addition, such security for the payment and performance of such work (including, but not limited to, payment and performance bonds) as Lessor or any Mortgagee shall reasonably require. Such In any event in which Lessee shall, or shall be required to, furnish Lessor with plans and specifications for any such alteration or addition, Lessor may be revised engage, at any time and from time Lessee's expense (which expense chargeable to time provided that material revisions Lessee shall not exceed five (5%) percent of the total cost of the proposed work), an architect or engineer to review such plans and specifications are filed on Lessor's or any Mortgagee's behalf and, unless Lessor or any Mortgagee shall have sooner notified Lessee of its disapproval and its reasons therefor in reasonable detail, each such party shall be deemed to have approved such plans and specifications thirty (30) days after its receipt thereof. Without limiting the generality of the foregoing, any payment or performance bonds which may be required by Lessor (or any Mortgagee) in compliance with the Mortgagee, for information purposes only, together with the written approval thereof by such Architect. All work done this Lease in connection with any Alteration such alteration or addition must be required by Lessor (or such Mortgagee) within (30) days after its receipt of the plans and specifications for such alteration or addition or such bonds shall be performed with due diligence in deemed waived. All alterations of and additions to the Improvements, other than Lessee's Equipment, shall immediately become the property of Lessor and shall constitute a good and workmanlike manner, all materials used in connection with any Alteration shall be not less than the standard of quality part of the materials currently used at the Premises and all work shall be performed and all materials used in accordance with all applicable Legal Requirements and Insurance RequirementsProperty. The cost Upon completion of any Alteration alteration or addition requiring the participation of a supervisory engineer or architect hereunder, Lessee shall be promptly deliver to Lessor a certificate of such supervising engineer and/or architect stating that, without material exception or condition, such alterations and fully paid for by the Mortgagor or the Tenant performing the Alteration, subject to the Mortgagor's right to contest any amount claimed to be due additions were made substantially in accordance with the provisions in Article 11 plans and specifications previously approved by Lessor (subject to reasonable change orders which, if substantial, shall have been approved previously by Lessor, such approval not to be unreasonably withheld). Upon termination of this MortgageLease, Lessor will accept the Property as altered pursuant to the provisions hereof without any obligation upon Lessee to restore the Property to its former condition.

ALTERATIONS AND ADDITIONS, ETC. (a) The Mortgagor Beneficiary will not make or permit any material demolition, alteration, installation, addition, improvement, decoration or new construction (an "Alteration") to the Premises unless undertaken in accordance with, or not otherwise prohibited by, with the applicable provisions of this Mortgage, the REA and Declaration of Easements, the Condominium Deed, the Leases and the Operating Agreement and unless (except in the event that the Alteration is required to cure such Event of Default), no Event of Default shall have occurred and be continuing or and no Default shall occur as a result of such action (except in the case that the Alteration is required to cure the Event of Default). The Mortgagor shall give the Mortgagee an Architect's itemized cost estimate of any Alteration reasonably estimated to exceed $150,000action. Any Alteration (other than tenant improvement work undertaken by a tenant) which involves an estimated cost of more than $250,000 5,000,000 shall be conducted under the supervision of an Architect and no such Alteration, or any Alteration (other than tenant improvement work) as to which plans are required by any Legal Requirements and which involve an estimated cost of more than $1,000,000, shall be undertaken until five Business Days after there shall have been filed with the Mortgagee, for information purposes only and not for approval by the Mortgagee (unless otherwise required hereunder)Mortgagee, detailed plans and specifications and cost estimates therefor, prepared and approved in writing by such Architect. Such plans and specifications may be revised at any time and from time to time provided that material revisions of such plans and specifications are filed with the MortgageeMortgagee five Business Days in advance of any work in respect thereof, for information purposes only, together with the written approval thereof by such ArchitectArchitect if an Architect is required hereunder. In the event Beneficiary obtains "as-built" plans with respect to any Alteration (other than tenant improvement work), and the Alteration involves work having an estimated cost of more than $1,000,000, Beneficiary shall promptly file a copy thereof with the Mortgagee for information purposes only. All work done in connection with any Alteration shall be performed with due diligence in a good and workmanlike manner, all materials used in connection with any Alteration shall be not less than the standard of quality of the materials currently used at the Premises and all work shall be performed and all materials used in accordance with all applicable Legal Requirements and Insurance Requirements. The Beneficiary shall promptly and fully pay or cause to be paid the cost of any Alteration shall be promptly and fully paid for by the Mortgagor or the Tenant performing the Alteration, subject to the MortgagorBeneficiary's right to contest any amount claimed to be due in accordance with the provisions in Article 11 12 of this Mortgage. If an Architect is required hereunder, Beneficiary shall deliver an Officer's Certificate to Mortgagee (i) stating the name of the Architect and confirming that such Architect meets the requirements set forth in this Mortgage in the definition of Architect and (ii) briefly describing the nature of the Alterations to be supervised by such Architect. Unless on or before the 14th day after the Officer's Certificate is delivered to Mortgagee, the Mortgagee advises the Beneficiary in writing that it reasonably disapproves of the Architect as not meeting the requirements of this Mortgage, the Architect shall be deemed acceptable.

ALTERATIONS AND ADDITIONS, ETC. (a) The Mortgagor will not make or permit any material demolition, alteration, installation, addition, improvement, decoration or new construction (excluding Expansion Space) (an "Alteration") to the Premises of any Property unless undertaken in accordance with, or not otherwise prohibited by, with the applicable provisions of this Mortgage, the REA Mortgage Security Documents, the Reciprocal Operating Agreements and the Leases and unless no Event of Default shall have occurred and be continuing or shall occur as a result of such action (except in the case that the Alteration is required to cure the Event of Default). The Mortgagor shall give the Mortgagee an Architect's itemized cost estimate of any Alteration reasonably estimated to exceed $150,000. Any Alteration which involves an estimated cost of more than $250,000 1,000,000 shall be conducted under the supervision of an Architect and no such Alteration and, if to be undertaken by Mortgagor, shall be undertaken until five Business Days only after ten days after there shall have been filed with the Mortgagee, for information purposes only and not for approval by the Mortgagee (unless otherwise required hereunder)Mortgagee, detailed plans and specifications and cost estimates therefor, prepared and approved in writing by such Architect. Such plans and specifications may be revised at any time and from time to time provided that material revisions of such plans and specifications are filed with delivered to the Mortgagee, for information purposes only, together with the written approval thereof by such Architect. All work done in connection with any Alteration shall be performed with due diligence in a good and workmanlike manner, all materials used in connection with any Alteration shall be not less than the standard of quality of the materials currently used at the Premises and all work shall be performed and all materials used in accordance with all applicable Legal Requirements and Insurance Requirements. The cost of any Alteration shall be promptly and fully paid for by the Mortgagor or the Tenant performing the Alteration, subject to the Mortgagor's right to contest any amount claimed to be due in accordance with the provisions in Article 11 12 of this Mortgage.