Common use of Alterations and Improvements by Lessee Clause in Contracts

Alterations and Improvements by Lessee. Except as otherwise set forth herein, Lessee shall not make any alterations to the Premises or any improvements thereon without Lessor’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Lessee shall have the right, without the consent of Lessor but with fifteen (15) days prior written notice to Lessor, to make the following alterations or improvements: (a) Any alteration or improvement that Lessee is required to perform in order to discharge its repair and maintenance obligations under this Lease; or (b) Any minor alteration or improvement the cost of which does not exceed FIFTEEN THOUSAND DOLLARS ($15,000.00) and that is directly related to Lessee’s permitted uses of the Orchards; If the alteration exceeds FIFTEEN THOUSAND DOLLARS ($15,000), Lessee may proceed with the alteration or improvement so long as (i) Lessee secures the prior written consent of Lessor as provided for in the opening paragraph of this Section 6.01, (ii) Lessee obtains a Builder’s Risk Policy if required under Section 6.02(B) and (iii) any such alterations or improvements do not materially adversely impact the levels of noise, dust, smoke, earthshock, soot, ash, odor, noxious vapors or other adverse environmental conditions (excluding, however, reasonable temporary impacts during construction that otherwise comply with applicable Laws) or materially adversely impact the transmission of surface water runoff in the immediate area where such alterations or improvements are installed or used or materially adversely affect, in Lessor’s reasonable discretion, Lessor’s development activities as contemplated in Section 4.12 herein. Lessor agrees to join in and execute, if required to do so by government authorities, any application for permits or other approvals or authorizations relating to any permitted alterations or improvements as may be required by applicable law or otherwise reasonably requested by Lessee; provided, however, that Lessor shall not be required to incur any liability or any material cost or expense associated therewith for which Lessee does not agree to reimburse Lessor.

Alterations and Improvements by Lessee. Except as otherwise set forth hereinin the following sentence, Lessee shall not make any alterations no alterations, removals, additions or improvements in or to the Demised Premises or any improvements thereon the Building without first obtaining Lessor’s prior 's written consent, which consent will not be unreasonably withheld. Notwithstanding the preceding sentence, Lessee shall be permitted to make non-structural interior changes to the Demised Premises which cost less than $75,000 without the consent of the Lessor; provided Lessee shall notify Lessor in writing of such changes and provide Lessor with a copy of a plan showing the changes. All alterations, removals, additions or improvements in or to the Demised Premises or the Building, when the same requires Lessor's consent, shall be by contractors or mechanics which shall first have been approved in writing by Lessor which approval of contractors or mechanics shall not be unreasonably withheld, conditioned . No such installations or delayed. Notwithstanding the foregoing, other work requiring Lessor's consent shall be undertaken or begun by Lessee until Lessor has approved written plans and specifications therefor which approval shall have the right, not be unreasonably withheld; and no amendments or additions to such plans and specifications shall be made without the consent of Lessor but with fifteen (15) days prior written notice to Lessor, to make the following alterations or improvements: (a) Any alteration or improvement that Lessee is required to perform in order to discharge its repair and maintenance obligations under this Lease; or (b) Any minor alteration or improvement the cost of which does not exceed FIFTEEN THOUSAND DOLLARS ($15,000.00) and that is directly related to Lessee’s permitted uses of the Orchards; If the alteration exceeds FIFTEEN THOUSAND DOLLARS ($15,000), Lessee may proceed with the alteration or improvement so long as (i) Lessee secures the prior written consent of Lessor as provided for in the opening paragraph of this Section 6.01, (ii) Lessee obtains a Builder’s Risk Policy if required under Section 6.02(B) and (iii) any such alterations or improvements do not materially adversely impact the levels of noise, dust, smoke, earthshock, soot, ash, odor, noxious vapors or other adverse environmental conditions (excluding, however, reasonable temporary impacts during construction that otherwise comply with applicable Laws) or materially adversely impact the transmission of surface water runoff in the immediate area where such alterations or improvements are installed or used or materially adversely affect, in Lessor’s reasonable discretion, Lessor’s development activities as contemplated in Section 4.12 herein. Lessor agrees to join in and execute, if required to do so by government authorities, any application for permits or other approvals or authorizations relating to any permitted alterations or improvements as may be required by applicable law or otherwise reasonably requested by Lessee; provided, however, that Lessor which consent shall not be required unreasonably withheld. Any such alteration, removal, addition and improvement shall be done at the sole expense of Lessee and, with respect to incur any liability activities that affect the exterior of the Building or any material cost or expense associated therewith for which Lessee does not agree to reimburse Lessorthe Land, at such times and in such manner as Lessor may reasonably designate.

Alterations and Improvements by Lessee. Except as otherwise set forth herein9.1 Unless required by law or any governmental authority, Lessee shall not make any alterations or improvements (except restorations, repairs and maintenance pursuant to ARTICLE 6, ARTICLE 7 and ARTICLE 8, as applicable, and the removal and replacement of equipment from the Buildings as set forth in ARTICLE 16) to the Premises Property or any improvements thereon part thereof without Lessor’s the prior written consentconsent of Lessor, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Lessee shall have the right, without need not seek the consent of Lessor, and such consent shall not be required, with respect to alterations or improvements aggregating TWENTY THOUSAND and NO/100 DOLLARS ($20,000.00) or less in value or cost (whichever is higher) to be commenced or performed in any Lease Year. Notwithstanding anything to the contrary herein, in no event shall Lessee make any alterations or improvements which would affect the structure or structural integrity of the Buildings or the facade of the Buildings, without obtaining the prior written consent of Lessor, which consent shall not be unreasonably withheld, conditioned or delayed. In no event shall Lessee be permitted to install underground storage tanks or underground fuel systems on the Property. Lessor’s refusal to consent to the installation of an underground tank or underground fuel system shall be conclusively presumed to be reasonable. Any such alterations or improvements in or to the Property requiring the approval of Lessor but shall be subject, however, in all cases to the following: (a) Any improvement or alteration shall be made with at least fifteen (15) days prior written notice to the Lessor, unless a governmental authority requires otherwise or except in the case of an emergency, in which case, Lessee shall give Lessor as much notice as is practicable, accompanied by a copy of the proposed plans and specifications in detail reasonably sufficient for Lessor to make review same, the following alterations identity of the contractor and any subcontractors, and a copy of all contracts with respect to the improvement or improvements: (a) Any alteration alteration, and shall be made promptly at the sole cost and expense of the Lessee and in a good and workmanlike manner and in compliance in all respects with all applicable laws, ordinances, codes, rules, regulations, permits and authorizations promulgated or improvement that issued by any governmental authority having jurisdiction thereof. Upon Lessor’s request, to be made not more frequently than once per Lease Year, Lessee is required shall deliver to perform in order to discharge its repair Lessor “as-built” plans and maintenance obligations under this Lease; orspecifications for any work theretofore completed. (b) Any minor alteration The Property shall at all times be free of liens for labor and materials supplied or improvement claimed to have been supplied to the cost of which does not exceed FIFTEEN THOUSAND DOLLARS Property. ($15,000.00c) and that Notice is directly related to Lessee’s permitted uses of the Orchards; If the alteration exceeds FIFTEEN THOUSAND DOLLARS ($15,000), Lessee may proceed with the alteration or improvement so long as (i) Lessee secures the prior written consent of Lessor as provided for in the opening paragraph of this Section 6.01, (ii) Lessee obtains a Builder’s Risk Policy if required under Section 6.02(B) and (iii) any such alterations or improvements do not materially adversely impact the levels of noise, dust, smoke, earthshock, soot, ash, odor, noxious vapors or other adverse environmental conditions (excluding, however, reasonable temporary impacts during construction that otherwise comply with applicable Laws) or materially adversely impact the transmission of surface water runoff in the immediate area where such alterations or improvements are installed or used or materially adversely affect, in Lessor’s reasonable discretion, Lessor’s development activities as contemplated in Section 4.12 herein. Lessor agrees to join in and execute, if required to do so by government authorities, any application for permits or other approvals or authorizations relating to any permitted alterations or improvements as may be required by applicable law or otherwise reasonably requested by Lessee; provided, however, hereby given that Lessor shall not be liable for any labor or materials furnished to or for the Lessee. Furthermore, notice is hereby given to Lessee and Lessee’s mechanics, laborers and materialmen with respect to the Property that no mechanic’s, materialman’s or laborer’s lien shall attach to or affect the reversion or other interest of Lessor in or to the Property. (d) Worker’s compensation and general liability insurance with respect to the alterations and improvements as required by Section 5.02 shall be maintained and/or provided. (e) All fixtures, work, alterations, additions, improvements or permanent equipment installed or made by Lessee, or at Lessee’s expense, upon or in the Property shall be the property of Lessor. Notwithstanding the foregoing, Lessor shall have the right and privilege to incur serve notice upon Lessee , at the time of Lessor’s approval of any liability such fixtures, work, alterations, additions, improvements or permanent equipment, that any material such fixtures, work, alterations, additions, improvements or equipment shall be removed, in which event, Lessee shall, at its own cost and expense and prior to the expiration of the Term of this Lease, remove same in accordance with such request, and restore the Property to its original condition, reasonable wear and tear, casualty and condemnation excepted. If Lessee fails to so remove and restore, Lessor shall have the right to remove such property and to dispose of the same and to restore the Property without accountability to Lessee, and at the sole cost and expense of Lessee. In the event of any damage to the Property as a result of the removal of such property, Lessee shall immediately repair such damage or, in the Event of Default with respect to such obligation, shall immediately upon receipt of written request from Lessor reimburse Lessor for Lessor’s reasonable costs and expenses in repairing such damage, and the provisions of this sentence shall survive the expiration of the Term of this Lease. All personal property and moveable equipment owned by Lessee upon or expense associated therewith for which in the Property shall remain the property of Lessee does not agree unless Lessee fails to reimburse remove such personal property or equipment upon termination of this Lease or surrender by Lessee of the Property to Lessor all in accordance with the provisions set forth above with respect to removals at Lessor’s request. All interior alterations and improvements in the Office Building must be consistent with the current finish.

Alterations and Improvements by Lessee. Except as otherwise set forth herein, 1. Lessee shall not have the right, at any time and from time to time during the term of this Lease, to make at its sole cost and expense and without any right to receive reimbursement from the Lessor in respect thereof, any alterations or improvements or additions to the Demised Premises or any part thereof, subject, however, to the following conditions: (a) No alterations, additions or improvements thereon shall be undertaken until Lessee shall have procured all permits, licenses and other authorizations required for the lawful and proper undertaking thereof. (b) Any such alteration, addition or improvement shall be made in a good and workmanlike manner and in compliance with all valid laws, governmental orders and building ordinances and regulations pertaining thereto, and shall be of a class and standard comparable to the class and standard of construction then utilized at the Port of Catoosa, but not less than the original standard and class of construction of the Demised Premises. (c) Lessee shall maintain, at its sole cost and expense, general public liability insurance and workmen's compensation insurance covering all persons employed in connection with such work and with respect to whom death or injury claims could be asserted against Lessor, Lessee or the Demised Premises. (d) All alterations, additions or improvements when completed shall be of such a nature as not to reduce or otherwise adversely affect the value of the Demised Premises, nor to diminish the general utility or change the general character of the Demised Premises, or which would violate any of the provisions of the Ground Lease. (e) No alterations, additions or improvements are to be made by Lessee without first submitting to the Lessor and the Port Authority the plans and specifications thereof, and without the written approval of the Lessor and the Port Authority of such plans and specifications. Lessor’s prior written consent, which 's approval of such plans and specifications shall not be unreasonably withheld, conditioned delayed or delayed. Notwithstanding conditioned, and Lessor shall assist Lessee in obtaining the foregoingPort Authority's approval thereof. (f) All such alterations, Lessee additions and improvements shall have be undertaken and completed in substantial conformity with the right, without plans and specifications approved by the consent Lessor and the Port Authority. (g) All such alterations and improvements shall become and be the properly of the Lessor but with fifteen and shall be subject to all the terms and conditions of this Lease. (15h) Two (2) copies of as built plans and specifications shall be delivered to Lessor within thirty (30) days prior written notice to Lessor, to make the following alterations or improvements: (a) Any after completion of each such alteration or improvement that Lessee is required to perform in order to discharge its repair and maintenance obligations under this Lease; or (b) Any minor alteration or improvement such copies shall become the cost sole and exclusive property of which does not exceed FIFTEEN THOUSAND DOLLARS ($15,000.00) and that is directly related to Lessee’s permitted uses of the Orchards; If the alteration exceeds FIFTEEN THOUSAND DOLLARS ($15,000), Lessee may proceed with the alteration or improvement so long as (i) Lessee secures the prior written consent of Lessor as provided for in the opening paragraph of this Section 6.01, (ii) Lessee obtains a Builder’s Risk Policy if required under Section 6.02(B) and (iii) any such alterations or improvements do not materially adversely impact the levels of noise, dust, smoke, earthshock, soot, ash, odor, noxious vapors or other adverse environmental conditions (excluding, however, reasonable temporary impacts during construction that otherwise comply with applicable Laws) or materially adversely impact the transmission of surface water runoff in the immediate area where such alterations or improvements are installed or used or materially adversely affect, in Lessor’s reasonable discretion, Lessor’s development activities as contemplated in Section 4.12 herein. Lessor agrees to join in and execute, if required to do so by government authorities, any application for permits or other approvals or authorizations relating to any permitted alterations or improvements as may be required by applicable law or otherwise reasonably requested by Lessee; provided, however, that Lessor shall not be required to incur any liability or any material cost or expense associated therewith for which Lessee does not agree to reimburse Lessor.

Alterations and Improvements by Lessee. Except as otherwise set forth herein, Lessee A. Provided that such installation shall not make any alterations to adversely affect the roof and structural soundness of the Premises or any systems contained therein, Lessee shall have the right to make reasonable alterations, additions or improvements thereon to its space during the term of this Lease, provided Lessee shall first give written notice to Lessor, including plans and specifications, fully describing its needs and intentions, and Lessee shall not commence with any work without Lessor’s prior first receiving from Lessor written consentapproval, which shall not be unreasonably withheld. B. Any labor performed or materials furnished in or about the demised Premises shall be performed or furnished in strict compliance with all applicable laws, conditioned regulations, ordinances and requirements of all duly constituted municipal authorities or delayed. Notwithstanding other governmental bodies having jurisdiction, and the foregoingrequirements of any Board of Fire Underwriters having jurisdiction. C. Prior to the commencement of any work on the Premises, Lessee shall have the right, without the consent procure from each of Lessor but with fifteen (15) days prior written notice its contractors and/or subcontractors a Waiver of Mechanic's Liens in a form satisfactory to Lessor, and shall record same in the Office of the Recording Clerk of Burlington County. A copy of each such Waiver, bearing the Date and Time Stamp of the Clerk, shall be given to make Lessor. Lessee shall procure also from its contractors and/or subcontractors Certificates of Insurance, evidencing that General Liability and Workmens Compensation Insurance is in force with minimum limits of $500,000, and shall furnish copies of all Certificates to Lessor. D. Any outside storage areas or facilities required by Lessee shall be completely enclosed by means of a masonry wall, high grade galvanized or aluminum chain link fence or other materials, as approved by Lessor in accordance with Subparagraph A hereinabove, and screened with landscaping, or stay in compliance with the following alterations appropriate governmental authority. E. In the course of designing, installing, operating and maintaining its activities on the Premises, Lessee shall expressly provide for the safe and careful handling, storing and disposing of any noxious, corrosive, flammable or improvements:hazardous chemicals, vapors, substances or byproducts or any material which might contaminate the environment in violation of any covenant, public law or regulation. In no event shall such items be permitted upon the Premises unless same are strictly ancillary and incidental to Lessee's permitted primary use. 1. Provisions hereunder shall include, but not be limited to, such things as ample ventilation and continuously operated exhaust systems, use of indirect fired (ai.e., non-open flame) Any alteration heat sources, application of special paints or improvement that Lessee is required to perform coatings, frequent cleanings, and any other treatments reasonably indicated in order to discharge its repair and maintenance obligations under this Lease; or (b) Any minor alteration or improvement the cost of which does not exceed FIFTEEN THOUSAND DOLLARS ($15,000.00) and that is directly related prevent damage to Lessee’s permitted uses any part of the Orchards; If the alteration exceeds FIFTEEN THOUSAND DOLLARS ($15,000), Lessee may proceed with the alteration demised Premises or improvement systems appurtenant thereto. Exhaust systems shall be regulated or isolated so long as (i) Lessee secures the prior written consent of Lessor as provided for that burner flames in the opening paragraph of this Section 6.01heating equipment are not subjected to backdrafts. 2. Lessee acknowledges that the phrase, (ii) Lessee obtains a Builder’s Risk Policy if required "reasonable wear and tear" under Section 6.02(B) and (iii) any such alterations or improvements do not materially adversely impact the levels of noise, dust, smoke, earthshock, soot, ash, odor, noxious vapors or other adverse environmental conditions (excluding, however, reasonable temporary impacts during construction that otherwise comply with applicable Laws) or materially adversely impact the transmission of surface water runoff in the immediate area where such alterations or improvements are installed or used or materially adversely affect, in Lessor’s reasonable discretion, Lessor’s development activities as contemplated in Section 4.12 hereinParagraph 36. Lessor agrees to join in and execute, if required to do so by government authorities, any application for permits or other approvals or authorizations relating to any permitted alterations or improvements as may be required by applicable law or otherwise reasonably requested by Lessee; provided, however, that Lessor hereof shall not be required construed to incur include material deterioration to the structural steel, mechanical, plumbing or electrical systems resulting from corrosive substances or damage to heating equipment from excess exhaust pressure from any of Lessee's equipment or machinery. Lessee also agrees that it shall indemnify and save Lessor harmless from and against any and all claims, demands, or liability or arising from Lessee's use of any material cost which could be subject to regulation under any law, including without limitation any material classified as hazardous, toxic or expense associated therewith for which Lessee does not agree to reimburse Lessorflammable by any governing agency having jurisdiction.

Alterations and Improvements by Lessee. Except as otherwise set forth herein9.01. Unless required by law or any governmental authority, Lessee shall not make any alterations or improvements (except restorations, repairs and maintenance pursuant to ARTICLE 6, ARTICLE 7 and ARTICLE 8, as applicable, and the removal and replacement of equipment from the Buildings as set forth in ARTICLE 16) to the Premises Property or any improvements thereon part thereof without Lessor’s the prior written consentconsent of Lessor, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Lessee shall have the right, without need not seek the consent of Lessor, and such consent shall not be required, with respect to alterations or improvements aggregating TWENTY THOUSAND and NO/100 DOLLARS ($20,000.00) or less in value or cost (whichever is higher) to be commenced or performed in any Lease Year. Notwithstanding anything to the contrary herein, in no event shall Lessee make any alterations or improvements which would affect the structure or structural integrity of the Buildings or the facade of the Buildings, without obtaining the prior written consent of Lessor, which consent shall not be unreasonably withheld, conditioned or delayed. In no event shall Lessee be permitted to install underground storage tanks or underground fuel systems on the Property. Lessor’s refusal to consent to the installation of an underground tank or underground fuel system shall be conclusively presumed to be reasonable. Any such alterations or improvements in or to the Property requiring the approval of Lessor but shall be subject, however, in all cases to the following: (a) Any improvement or alteration shall be made with at least fifteen (15) days prior written notice to the Lessor, unless a governmental authority requires otherwise or except in the case of an emergency, in which case, Lessee shall give Lessor as much notice as is practicable, accompanied by a copy of the proposed plans and specifications in detail reasonably sufficient for Lessor to make review same, the following alterations identity of the contractor and any subcontractors, and a copy of all contracts with respect to the improvement or improvements: (a) Any alteration alteration, and shall be made promptly at the sole cost and expense of the Lessee and in a good and workmanlike manner and in compliance in all respects with all applicable laws, ordinances, codes, rules, regulations, permits and authorizations promulgated or improvement that issued by any governmental authority having jurisdiction thereof. Upon Lessor’s request, to be made not more frequently than once per Lease Year, Lessee is required shall deliver to perform in order to discharge its repair Lessor “as-built” plans and maintenance obligations under this Lease; orspecifications for any work theretofore completed. (b) Any minor alteration The Property shall at all times be free of liens for labor and materials supplied or improvement claimed to have been supplied to the cost of which does not exceed FIFTEEN THOUSAND DOLLARS Property. ($15,000.00c) and that Notice is directly related to Lessee’s permitted uses of the Orchards; If the alteration exceeds FIFTEEN THOUSAND DOLLARS ($15,000), Lessee may proceed with the alteration or improvement so long as (i) Lessee secures the prior written consent of Lessor as provided for in the opening paragraph of this Section 6.01, (ii) Lessee obtains a Builder’s Risk Policy if required under Section 6.02(B) and (iii) any such alterations or improvements do not materially adversely impact the levels of noise, dust, smoke, earthshock, soot, ash, odor, noxious vapors or other adverse environmental conditions (excluding, however, reasonable temporary impacts during construction that otherwise comply with applicable Laws) or materially adversely impact the transmission of surface water runoff in the immediate area where such alterations or improvements are installed or used or materially adversely affect, in Lessor’s reasonable discretion, Lessor’s development activities as contemplated in Section 4.12 herein. Lessor agrees to join in and execute, if required to do so by government authorities, any application for permits or other approvals or authorizations relating to any permitted alterations or improvements as may be required by applicable law or otherwise reasonably requested by Lessee; provided, however, hereby given that Lessor shall not be liable for any labor or materials furnished to or for the Lessee. Furthermore, notice is hereby given to Lessee and Lessee’s mechanics, laborers and materialmen with respect to the Property that no mechanic’s, materialman’s or laborer’s lien shall attach to or affect the reversion or other interest of Lessor in or to the Property. (d) Worker’s compensation and general liability insurance with respect to the alterations and improvements as required by Section 5.02 shall be maintained and/or provided. (e) All fixtures, work, alterations, additions, improvements or permanent equipment installed or made by Lessee, or at Lessee’s expense, upon or in the Property shall be the property of Lessor. Notwithstanding the foregoing, Lessor shall have the right and privilege to incur serve notice upon Lessee , at the time of Lessor’s approval of any liability such fixtures, work, alterations, additions, improvements or permanent equipment, that any material such fixtures, work, alterations, additions, improvements or equipment shall be removed, in which event, Lessee shall, at its own cost and expense and prior to the expiration of the Term of this Lease, remove same in accordance with such request, and restore the Property to its original condition, reasonable wear and tear, casualty and condemnation excepted. If Lessee fails to so remove and restore, Lessor shall have the right to remove such property and to dispose of the same and to restore the Property without accountability to Lessee, and at the sole cost and expense of Lessee. In the event of any damage to the Property as a result of the removal of such property, Lessee shall immediately repair such damage or, in the Event of Default with respect to such obligation, shall immediately upon receipt of written request from Lessor reimburse Lessor for Lessor’s reasonable costs and expenses in repairing such damage, and the provisions of this sentence shall survive the expiration of the Term of this Lease. All personal property and moveable equipment owned by Lessee upon or expense associated therewith for which in the Property shall remain the property of Lessee does not agree unless Lessee fails to reimburse remove such personal property or equipment upon termination of this Lease or surrender by Lessee of the Property to Lessor all in accordance with the provisions set forth above with respect to removals at Lessor’s request. All interior alterations and improvements in the Office Building must be consistent with the current finish.

Alterations and Improvements by Lessee. Except as otherwise set forth herein, Lessee shall not make any alterations to the Premises or any improvements thereon without Lessor’s prior written consent, which shall not be unreasonably withheld, conditioned conditioned, or delayed. Notwithstanding the foregoing, Lessee shall have the right, without the consent of Lessor but with fifteen (15) days prior written notice to Lessor, to make the following alterations or improvements: (aA) Any alteration or improvement that Lessee is required to perform in order to discharge its repair and maintenance obligations under this Lease; oror 3 (bB) Any minor alteration or improvement the cost of which does not exceed FIFTEEN FIFTY THOUSAND DOLLARS ($15,000.0050,000.00) and that is directly related to Lessee’s permitted uses of the Orchards; . If the alteration exceeds FIFTEEN FIFTY THOUSAND DOLLARS ($15,00050,000.00), Lessee may proceed with the alteration or improvement so long as (i) Lessee secures the prior written consent of Lessor as provided for in the opening paragraph of this Section 6.01, (ii) Lessee obtains a Builder’s Risk Policy if required under Section 6.02(B) ), and (iii) any such alterations or improvements do not materially adversely impact the levels of noise, dust, smoke, earthshock, soot, ash, odor, noxious vapors or other adverse environmental conditions in any area greater than twenty-five (25) yards within any properties neighboring on the Premises (excluding, however, reasonable temporary impacts during construction that otherwise comply with applicable Laws) or materially adversely impact the transmission of surface water runoff in any area greater than twenty-five (25) yards within any properties neighboring on the immediate area where such alterations or improvements are installed or used or materially adversely affect, in Lessor’s reasonable discretion, Lessor’s development activities as contemplated in Section 4.12 hereinPremises. Lessor agrees to join in and execute, if required to do so by government authorities, any application for permits or other approvals or authorizations relating to any permitted alterations or improvements as may be required by applicable law or otherwise reasonably requested by Lessee; provided, however, that Lessor shall not be required to incur any liability or any material cost or expense associated therewith for which Lessee does not agree to reimburse Lessor.

Alterations and Improvements by Lessee. Except Immediately following the complete execution of this Lease and following the Commencement Date of the Initial Term and at any time during the Initial Term or any Extension Term, Lessor agrees that Lessee may make any exterior or interior alterations or improvements to the Leased Premises as otherwise set forth hereinLessee may deem desirable for the permitted use of the Leased Premises at Lessee’s option, sole expense and without cost to Lessor; provided, however, Lessee shall comply with the requirements set forth below in sections (i) through (v) below: i. All work shall be completed in a lien-free manner; at a time and in a manner that does not unreasonably interfere with adjacent property owners; and in compliance with all applicable laws, ordinances, fire codes, building codes and regulations. Lessee shall, at Lessee’s expense, make any alterations or improvements to the Leased Premises that may be required, as set forth elsewhere in this Lease, in order to comply with ADA or other laws and which are necessitated by, or trigger as a result of, any alterations or improvements thereon without made by Lessee to the Leased Premises. ii. Lessee shall submit to Lessor, at least thirty (30) days prior to the anticipated construction commencement date, copies of detailed working drawings, plans and specifications prepared for or on behalf of Lessee. iii. Any alterations or improvements which would affect any of the structural or load bearing elements of buildings on the Leased Premises, including the load bearing walls, foundation and structural supports; or increase the area of the Leased Premises by horizontal or vertical expansion, shall require the written approval of Lessor before the commencement of construction. Lessor shall have twenty (20) days after the detailed working drawings, plans and specifications have been submitted to Lessor within which to object or accept the proposed alterations or improvements. Any changes or corrections required by Lessor will be submitted to Lessee within the twenty (20) day period. If Lessor fails to object in writing to the proposed alterations or improvements within the twenty (20) day period, Lessor will be deemed to have accepted Lessee’s proposed alterations or improvements. Any changes or corrections required by Lessor must be made and plans resubmitted to Lessor within twenty (20) days after the required corrections or changes have been noted. Lessor’s prior written consentfailure to object to such resubmitted plans and specifications within twenty (20) days shall constitute Lessor’s approval of the changes. However, which shall not be unreasonably withheld, conditioned or delayed. Notwithstanding notwithstanding any other provision to the foregoingcontrary in this Lease, Lessee shall have the right, right to install in and on the Leased Premises (on its roof or wherever Lessee deems appropriate) any equipment without the consent prior written approval of Lessor but with fifteen (15) days prior written notice to Lessor, to make the following alterations or improvements: (a) Any alteration or improvement that Lessee is required to perform in order to discharge its repair and maintenance obligations under this Lease; or (b) Any minor alteration or improvement the cost of which does not exceed FIFTEEN THOUSAND DOLLARS ($15,000.00) and that is directly related to Lessee’s permitted uses of the Orchards; If the alteration exceeds FIFTEEN THOUSAND DOLLARS ($15,000), Lessee may proceed with the alteration or improvement so long as (i) the installation of any such equipment is not in violation of any local or federal laws or regulations. iv. Lessee secures the shall, prior written consent to commencement of construction and at all times until completion of construction, maintain and furnish to Lessor as provided for or cause Lessee’s construction contractor to maintain and furnish proof of insurance coverages in the opening paragraph of this Section 6.01, (ii) Lessee obtains a Builder’s Risk Policy if required under Section 6.02(B) minimum amounts as described below. Coverage shall be written on an occurrence basis by companies authorized and (iii) any such alterations or improvements admitted to do not materially adversely impact the levels of noise, dust, smoke, earthshock, soot, ash, odor, noxious vapors or other adverse environmental conditions (excluding, however, reasonable temporary impacts during construction that otherwise comply with applicable Laws) or materially adversely impact the transmission of surface water runoff business in the immediate area where such alterations State of Texas and rated A- or improvements are installed or used or materially adversely affectbetter by A.M. Best Company, in Lessor’s reasonable discretion, Lessor’s development activities as contemplated in Section 4.12 herein. Lessor agrees to join in and execute, if required to do so by government authorities, any application for permits or other approvals or authorizations relating to any permitted alterations or improvements as may be required by applicable law or otherwise reasonably requested by Lessee; provided, however, that Lessor shall not be required acceptable to incur any liability or any material cost or expense associated therewith for which Lessee does not agree to reimburse Lessor.