Common use of Alterations and Mechanics Liens Clause in Contracts

Alterations and Mechanics Liens. (a) Tenant shall not make any alterations, improvements or changes to the Premises, other than the Tenant Improvements (“Alterations”), without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed, which consent shall be given by Landlord if at all, within five (5) Business Days after Landlord’s receipt of Tenant’s request to make such Alterations and all other information required to be submitted to Landlord pursuant to this Section 9(a). Any such Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications reasonably approved by Landlord; (iii) in compliance with the construction rules and regulations reasonably promulgated by Landlord from time to time; and (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work). Landlord shall notify Tenant in writing at the time that Landlord consents to the Alterations, or, if no consent is required, within ten (10) days after Tenant’s written request, as to whether Tenant must remove the Alterations at the end of the Lease Term; provided, however, that Tenant shall not be required to remove any general office improvements but shall remove and repair to its original state, all high density filing systems, server rooms, computer mainframes, libraries, telecom nodes, satellite dishes and signs erected with Landlord’s approval under this Lease. Notwithstanding anything to the contrary contained in this Section 9(a), Tenant shall have the right, without Landlord’s consent, to make non-structural Alterations to the Premises (which shall be defined as alterations, additions and improvements that do not affect the Building structure, Building systems, the HVAC, or the Common Areas or exterior of the Building if such Alterations do not require building permits. If any work outside the Premises, or any work on or adjustment to any of the Building systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors reasonably approved by Landlord. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Project and Landlord’s interests. No approval or consent shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall upon installation become part of the realty and be the property of Landlord. (b) Before making any Alterations which require Landlord’s consent, Tenant shall submit to Landlord for Landlord’s prior approval schematic drawings of the work to be performed, and the name of the contractor and all subcontractor proposed by Tenant to make the Alterations. Tenant shall reimburse Landlord within thirty (30) days of receipt of a written invoice for all reasonable and actual out-of-pocket expenses incurred by Landlord in connection with any Alterations made by Tenant, including actual and reasonable fees charged by Landlord’s contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building to reflect the Alterations. Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before the commencement of any Alterations. Tenant shall give Landlord at least ten (10) days’ notice prior to the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith. (c) Tenant shall keep the Premises and the Project free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If any such lien attaches to the Premises or the Project, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten (10) Business Days after the attachment thereof, Landlord shall have the right but not the obligation to cause the same to be released, and any sums expended by Landlord in connection therewith shall be payable by Tenant within thirty (30) days after receipt of written notice as Additional Rent with interest thereon from the date of expenditure by Landlord at the Default Rate. Tenant shall within ten (10) days of receiving such notice of lien or claim have such lien or claim released of record by providing a bond. Tenant’s failure to comply with the provisions of the foregoing sentence shall be deemed an Event of Default entitling Landlord to exercise all of its remedies therefor without the requirement of any additional notice or cure period. (d) Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1932(1), 1933(4), 1941 and 1942 of the California Civil Code or any similar or successor Laws now or hereinafter in effect.

Alterations and Mechanics Liens. 7.1 Alterations shall not be made to the Leased Premises without the prior consent of Landlord, which consent Tenant acknowledges and accepts Landlord may withhold in its sole and absolute discretion. 7.2 Should Tenant desire to alter the Leased Premises and should Landlord approve and consent to such alteration(s) (at Landlord's option), Tenant shall permit Landlord to make said alterations and amortize the total cost thereof as additional Base Rent (subject to escalation as provided in section 3.2 above) for the balance of the Lease Term. Landlord shall be entitled to utilize all investment, energy, and similar tax credits as are provided by the Internal Revenue Code or tax laws of the state of Florida on eligible property acquired or constructed by Landlord at its expense, regardless of whether such expense may be eventually borne by Tenant in the form of increased Base Rent and/or as a component of Operating Expenses. Should Landlord elect to not provide said alterations: (a) Tenant shall not make any only contract with such contractors as are approved by Landlord (and all said alterations shall be subject to Landlord's prior consent relative to design, location, materials and workmanship, and control of payments to contractor) and (b) Prior to commencement by Tenant of said alterations, improvements or changes Tenant shall provide Landlord with (i) evidence satisfactory to Landlord regarding adequate financial arrangements to insure proper and timely payment of the Premisescost thereon and (ii) copies of all governmental permits and authorizations which may be required in connection with such work together with evidence of such workers compensation, personal injury, property damage, and other than insurance as Landlord may require because of the nature of the work to be done by Tenant. 7.3 Notwithstanding anything in sections 7.1 and 7.2 above, Tenant Improvements (“Alterations”)may, without upon Landlord’s 's prior written consent, which install trade fixtures or other trade equipment in conformance with applicable federal, state, and local government laws and regulations and the same may be removed upon the termination of this Lease, provided that Tenant shall not be unreasonably withheldin default under any of the terms and conditions of this Lease and the Leased Premises are not damaged by such removal. Tenant shall keep the Leased Premises, conditioned the Building, and the Property free from any liens arising out of any work performed for, materials furnished to, or delayed, which consent obligations incurred by Tenant (the bonding of a lien by a reputable casualty or insurance company satisfactory to Landlord shall be given by Landlord if at all, within five (5) Business Days after Landlord’s receipt deemed the equivalent of Tenant’s request to make a discharge of such Alterations and all other information required to be submitted to Landlord pursuant to this Section 9(alien). Any All such Alterations work provided for above shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligencedone at such times and in such manner as Landlord may from time to time designate, (ii) of quality at least equal to the original work or installations, and (iii) done in a good and workmanlike manner. 7.4 Except as provided in section 7.3 above, using new materials; (ii) in compliance with plans all fixtures, improvements, alterations, and specifications reasonably approved additions which may be made or installed by Landlord; (iii) in compliance with the construction rules and regulations reasonably promulgated by either Landlord from time to time; and (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work). Landlord shall notify Tenant in writing at or about the time that Landlord consents Leased Premises which are in any manner attached to the Alterationsfloors, or, if no consent is required, within ten (10) days after Tenant’s written request, as to whether Tenant must remove the Alterations at the end of the Lease Term; provided, however, that Tenant shall not be required to remove any general office improvements but shall remove and repair to its original state, all high density filing systems, server rooms, computer mainframes, libraries, telecom nodes, satellite dishes and signs erected with Landlord’s approval under this Lease. Notwithstanding anything to the contrary contained in this Section 9(a), Tenant shall have the right, without Landlord’s consent, to make non-structural Alterations to the Premises (which shall be defined as alterations, additions and improvements that do not affect the Building structure, Building systems, the HVACwalls, or the Common Areas or exterior of the Building if such Alterations do not require building permits. If any work outside the Premises, or any work on or adjustment ceilings shall belong to any of the Building systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors reasonably approved by Landlord. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Project and Landlord’s interests. No approval or consent shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall upon installation become part of the realty and be the property of Landlord. (b) Before making any Alterations Landlord and shall remain on the Leased Premises during the Term of this Lease and at the expiration or termination hereof, except for such property, if any, which require Landlord’s consent, Landlord may designate that Tenant shall submit remove prior to such expiration or termination. Tenant agrees to repair all damage to the Leased Premises caused by any such removal and to restore the Leased Premises to the condition in which they were prior to removal of said articles. Any such property so designated by Landlord for to be removed, which shall be left in or upon the Leased Premises, shall be deemed to have been abandoned by Tenant and may be retained or disposed of by Landlord’s prior approval schematic drawings , as Landlord shall desire. Tenant shall return the Leased Premises on the termination of the work Lease in broom clean condition together with all improvements in the same condition as when rented to Tenant, reasonable wear and tear excepted. All costs and expenses, including risk of loss, of such removal or disposal by Landlord shall be performed, borne by Tenant and the name of the contractor and all subcontractor proposed reimbursed by Tenant to make the Alterations. Tenant shall reimburse Landlord within thirty (30) days of receipt of a written invoice for all reasonable and actual out-of-pocket expenses incurred by Landlord in connection with any Alterations made by Tenant, including actual and reasonable fees charged by Landlord’s contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building to reflect the Alterations. Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before the commencement of any Alterations. Tenant shall give Landlord at least ten (10) days’ notice prior to the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewithas additional rent due under this Lease. (c) Tenant shall keep the Premises and the Project free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If any such lien attaches to the Premises or the Project, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten (10) Business Days after the attachment thereof, Landlord shall have the right but not the obligation to cause the same to be released, and any sums expended by Landlord in connection therewith shall be payable by Tenant within thirty (30) days after receipt of written notice as Additional Rent with interest thereon from the date of expenditure by Landlord at the Default Rate. Tenant shall within ten (10) days of receiving such notice of lien or claim have such lien or claim released of record by providing a bond. Tenant’s failure to comply with the provisions of the foregoing sentence shall be deemed an Event of Default entitling Landlord to exercise all of its remedies therefor without the requirement of any additional notice or cure period. (d) Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1932(1), 1933(4), 1941 and 1942 of the California Civil Code or any similar or successor Laws now or hereinafter in effect.

Alterations and Mechanics Liens. (a) Tenant shall not make any alterations, alterations or improvements or changes to the Premises, other than the Tenant Improvements (“Alterations”), Premises without Landlord’s prior written consentapproval of the Landlord, which shall not approval may be unreasonably withheldconditioned on the Tenant's compliance with such requirements with respect to such alterations as Landlord may impose, conditioned including without limitation the furnishing of a bond or delayed, which consent shall be given by Landlord if at all, within five (5) Business Days after Landlord’s receipt of Tenant’s request to make such Alterations and all other information required to be submitted security satisfactory to Landlord pursuant to this Section 9(a)against mechanics' liens and claims therefore. Any such Alterations work approved by Landlord shall be completed by Tenant at Tenant’s sole cost done in good, workmanlike manner in conformance with applicable Building codes, free and expense: (i) with due diligence, in a good clear of mechanics' liens and workmanlike manner, using new materials; (ii) in compliance with plans claims therefore. Any alterations and specifications reasonably approved by Landlord; (iii) in compliance with improvement shall become the construction rules and regulations reasonably promulgated by property of Landlord from time to time; and (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work). Landlord shall notify Tenant in writing at the time that Landlord consents upon being affixed to the AlterationsPremises and all right, or, if no consent is required, within ten (10) days after Tenant’s written request, as to whether Tenant must remove the Alterations at the end title and interest of the Lease Term; Tenant therein shall immediately cease, provided, however, that Tenant if directed by Landlord, Tenant, at its expense shall not be required to remove any general office such alterations and improvements but shall remove from the Premises at the expiration of the Lease Term, and repair to its original state, all high density filing systems, server rooms, computer mainframes, libraries, telecom nodes, satellite dishes and signs erected with Landlord’s approval under this Lease. Notwithstanding anything to the contrary contained in this Section 9(a), Tenant shall have the right, without Landlord’s consent, to make non-structural Alterations to the Premises (which shall be defined as alterations, additions and improvements that do not affect the Building structure, Building systems, the HVAC, or the Common Areas or exterior of the Building if such Alterations do not require building permits. If any work outside the Premises, or any work on or adjustment to any of the Building systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors reasonably approved by Landlord. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Project and Landlord’s interests. No approval or consent shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall upon installation become part of the realty and be the property of Landlord. (b) Before making any Alterations which require Landlord’s consent, Tenant shall submit to Landlord for Landlord’s prior approval schematic drawings of the work to be performed, and the name of the contractor and all subcontractor proposed by Tenant to make the Alterations. Tenant shall reimburse Landlord within thirty (30) days of receipt of a written invoice for all reasonable and actual out-of-pocket expenses incurred by Landlord in connection with any Alterations made by Tenant, including actual and reasonable fees charged by Landlord’s contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building to reflect the Alterations. Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before the commencement of any Alterations. Tenant shall give Landlord at least ten (10) days’ notice prior to the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith. (c) Tenant shall keep the Premises and the Project free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If any such lien attaches damage to the Premises or the ProjectBuilding caused by the installation or removal of such alterations and improvements. Tenant may remove from the Premises at the expiration of the Lease Term, the trade fixtures purchased and installed by Tenant. Tenant does not cause shall be required to leave the same Premises in as good as, or better condition. However the removal of any and all fixtures shall be approved by Lessor prior to be released by paymentLessee commencing such removal, bonding or otherwise within ten (10) Business Days after provided Lessee, at its expense, repairs any and all damage associated with said removal. Landlord hereby specifically approves the attachment thereof, installation of the Tenant's sign shown on Exhibit F attached hereto. Landlord at its discretion during the Term of this Lease shall have the right but not to change or modify all sign criteria approved herein or otherwise adopted during the obligation to cause the same to be released, and any sums expended by Landlord in connection therewith shall be payable by Tenant within thirty (30) days after receipt Term of written notice as Additional Rent with interest thereon from the date of expenditure by Landlord at the Default Rate. Tenant shall within ten (10) days of receiving such notice of lien or claim have such lien or claim released of record by providing a bond. Tenant’s failure to comply with the provisions of the foregoing sentence shall be deemed an Event of Default entitling Landlord to exercise all of its remedies therefor without the requirement of any additional notice or cure periodthis Lease. (d) Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1932(1), 1933(4), 1941 and 1942 of the California Civil Code or any similar or successor Laws now or hereinafter in effect.

Alterations and Mechanics Liens. SECTION 11.1 ALTERATIONS BY TENANT No alterations shall be made by Tenant after completion of Tenant Improvements unless the following conditions are met: (a) Tenant shall not make any alterationsprovide a sealed set of plans prepared and certified by an architect to Landlord, improvements or changes to the Premises, other than the Tenant Improvements (“Alterations”), without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed, which consent shall be given by Landlord if at all, within five (5) Business Days after Landlord’s receipt of Tenant’s request to make such Alterations and all other information required to be submitted to Landlord pursuant to this Section 9(a). Any such Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications reasonably approved by Landlord; (iii) in compliance with the construction rules and regulations reasonably promulgated by Landlord from time to time; and (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work). Landlord shall notify Tenant in writing at the time that Landlord consents to the Alterations, or, if no consent is required, within ten (10) days after Tenant’s written request, as to whether Tenant must remove the Alterations at the end of the Lease Term; provided, however, that Tenant shall not be required to remove any general office improvements but shall remove and repair to its original state, all high density filing systems, server rooms, computer mainframes, libraries, telecom nodes, satellite dishes and signs erected with Landlord’s approval under this Lease. Notwithstanding anything to the contrary contained in this Section 9(a), Tenant shall have received the right, without Landlord’s consent, to make non-structural Alterations to the Premises (which shall be defined as alterations, additions and improvements that do not affect the Building structure, Building systems, the HVAC, or the Common Areas or exterior of the Building if such Alterations do not require building permits. If any work outside the Premises, or any work on or adjustment to any of the Building systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors reasonably approved by Landlord. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Project and Landlord’s interests. No approval or prior written consent shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.; (b) Before making any Alterations which require Landlord’s consent, Tenant all such alterations or improvements shall submit to Landlord for Landlord’s prior approval schematic drawings of the work to be performed, and the name of the contractor and all subcontractor proposed by Tenant to make the Alterations. Tenant shall reimburse Landlord within thirty (30) days of receipt of a written invoice for all reasonable and actual out-of-pocket expenses incurred performed by Landlord in connection with any Alterations made at Tenant's expense, or by Tenant, including actual and reasonable fees charged a licensed contractor approved by Landlord’s contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building to reflect the Alterations. Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before the commencement of any Alterations. Tenant shall give Landlord at least ten (10) days’ notice prior to the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith.Tenant's discretion; (c) Tenant shall keep have procured all permits, licenses and other authorizations required for the Premises lawful and the Project free proper undertaking thereof, and clear of all liens arising out immediately upon completion of any work performedsuch alterations, materials furnished or obligations incurred by Tenant. If any such lien attaches to the Premises or the Project, Tenant shall obtain a proper Certificate of Occupancy and Tenant does not cause the deliver same to be released by payment, bonding or otherwise within ten (10) Business Days after the attachment thereof, Landlord shall have the right but not the obligation to cause the same to be released, and any sums expended by Landlord in connection therewith shall be payable by Tenant within thirty (30) days after receipt of written notice as Additional Rent with interest thereon from the date of expenditure by Landlord at the Default Rate. Tenant shall within ten (10) days of receiving such notice of lien or claim have such lien or claim released of record by providing a bond. Tenant’s failure to comply with the provisions of the foregoing sentence shall be deemed an Event of Default entitling Landlord to exercise all of its remedies therefor without the requirement of any additional notice or cure period.Landlord; (d) Tenant hereby waives and releases its right all alterations when completed shall be of such a nature as not to make repairs at Landlord’s expense under Sections 1932(1), 1933(4), 1941 and 1942 (i) reduce or otherwise adversely affect the value of the California Civil Code Premises; (ii) diminish the general utility or change the general character thereof; (iii) result in an increase of the Operating Expenses, or (iv) adversely affect the mechanical, electrical, plumbing, security or other such systems of the Building or the Premises; (e) all alterations made by Tenant shall remain on and be surrendered with the Premises on expiration or termination of this Lease, except that Landlord can elect, simultaneously with its approval of Tenant's plans and specifications, to require Tenant to remove any similar and all alterations Tenant has made to the Premises. (f) Tenant shall be liable for any increase in the Building insurance costs caused, in whole or successor Laws now or hereinafter in effectpart, by any alterations make by Tenant to the Premises.

Alterations and Mechanics Liens. (a) A. Tenant shall not make any alterations, improvements or changes to the Premises, other than the Tenant Improvements (“Alterations”), without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed, which consent shall be given by Landlord if at all, within five (5) Business Days after Landlord’s receipt of Tenant’s request to make such Alterations and all other information required to be submitted to Landlord pursuant to this Section 9(a). Paragraph 11.A. Any such Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications reasonably approved by Landlord; (iii) in compliance with the construction rules and regulations reasonably promulgated by Landlord from time to time; and (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work). Landlord shall notify Tenant in writing at the time that Landlord consents to the Alterations, or, if no consent is required, within ten (10) days after Tenant’s written request, as to whether Tenant must remove the Alterations at the end of the Lease Term; provided, however, that Tenant shall not be required to remove any general office improvements but shall remove and repair to its original state, all high density filing systems, server rooms, computer mainframes, libraries, telecom nodes, satellite dishes and signs erected with Landlord’s approval under this Lease. Notwithstanding anything to the contrary contained in this Section 9(a)Paragraph 11.A, Tenant shall have the right, without Landlord’s consent, to make non-structural Alterations to the Premises (which shall be defined as alterations, additions and improvements that do not affect the Building structure, Building systems, the HVAC, or the Common Areas or exterior of the Building if such Alterations do not require building permits. If any work outside the Premises, or any work on or adjustment to any of the Building systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors reasonably approved by Landlord. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Project and Landlord’s interests. No approval or consent shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall upon installation become part of the realty and be the property of Landlord. B. Subject to all of the limitations and conditions in Paragraph 11.A above, Tenant may make Specialized Alterations; provided, however, that: (b1) if Tenant installs additional shower facilities in the Building’s parking garage, such facilities shall not reduce the number of parking spaces in the Building unless Tenant compensates Landlord for such reduced parking spaces on a per stall basis based on the projected lost revenue for such spaces for the entire Lease Term; and (2) if Tenant expands the existing bicycle storage facilities that are in the Building’s parking garage such expansion reduces the number of parking spaces in the Building, Tenant shall pay Landlord, as Additional Rent, the then-prevailing monthly rental charge for each parking space occupied by such expansion, which is currently Four Hundred Twenty-Five and No/100 Dollars ($425.00) per month. Upon the termination of this Lease and unless notified in writing by Landlord to the contrary, Tenant shall remove all Specialized Alterations and restore the Premises as described in Paragraph 27 below. C. Before making any Alterations which require Landlord’s consent, Tenant shall submit to Landlord for Landlord’s prior approval schematic drawings of the work to be performed, and the name of the contractor and all subcontractor proposed by Tenant to make the Alterations. Tenant shall reimburse Landlord within thirty (30) days of receipt of a written invoice for all reasonable and actual out-of-pocket expenses incurred by Landlord in connection with any Alterations made by Tenant, including actual and reasonable fees charged by Landlord’s contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building to reflect the Alterations. Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before the commencement of any Alterations. Tenant shall give Landlord at least ten (10) days’ notice prior to the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith. (c) D. Tenant shall keep the Premises and the Project free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If any such lien attaches to the Premises or the Project, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten (10) Business Days after the attachment thereof, Landlord shall have the right but not the obligation to cause the same to be released, and any sums expended by Landlord in connection therewith shall be payable by Tenant within thirty (30) days after receipt of written notice as Additional Rent with interest thereon from the date of expenditure by Landlord at the Default Rate. Tenant shall within ten (10) days of receiving such notice of lien or claim have such lien or claim released of record by providing a bond. Tenant’s failure to comply with the provisions of the foregoing sentence shall be deemed an Event of Default entitling Landlord to exercise all of its remedies therefor without the requirement of any additional notice or cure period. (d) E. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1932(1), 1933(4), 1941 and 1942 of the California Civil Code or any similar or successor Laws now or hereinafter in effect.

Alterations and Mechanics Liens. (a) Tenant may, subject to the provisions and limitations of this Section 13, make alterations or physical additions, improvements, renovations or improvements in or to the Premises, without obtaining the consent of Landlord with respect thereto. Tenant shall not make any alterations, improvements alterations that could reasonably be expected to materially and adversely affect the structural components of the Premises or changes to which will change the Premises, other than exterior appearance of the Tenant Improvements (“Structural Alterations”), ) without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned delayed or delayedconditioned. Prior to the commencement of Structural Alterations, Tenant shall provide Landlord with a complete set of plans for the proposed Structural Alterations, which consent plans shall be given by subject to the prior written approval of Landlord. Landlord if at allshall respond to any written request for approval of any Structural Alteration and any written request for approval of the associated plans within ten (10) Business Days following its receipt of such request. If Landlord fails to respond to any such written request within the ten (10) Business Day period provided in the immediately preceding sentence, Tenant shall deliver a second written request to Landlord. If Landlord fails to respond to such second written request within five (5) Business Days after Landlord’s following its receipt of Tenant’s request to make such Alterations and all other information required to be submitted to request, Landlord pursuant to this Section 9(a). Any such Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications reasonably deemed to have approved by Landlord; (iii) in compliance with the construction rules and regulations reasonably promulgated by Landlord from time to time; and (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work). Landlord shall notify Tenant in writing at the time that Landlord consents to the Alterations, or, if no consent is required, within ten (10) days after Tenant’s written requestsuch request and/or plans, as to whether Tenant must remove the Alterations at the end of the Lease Term; provided, however, that Tenant shall not be required to remove any general office improvements but shall remove and repair to its original state, all high density filing systems, server rooms, computer mainframes, libraries, telecom nodes, satellite dishes and signs erected with Landlord’s approval under this Leaseapplicable. Notwithstanding anything to the contrary contained in this Section 9(a)preceding, Tenant shall will have the right, without Landlord’s consent, to make non-structural Alterations any alterations and additions to the Premises which are not Structural Alterations (which “Non-Structural Alterations”; Structural Alterations and Non-Structural Alterations shall collectively be referred to herein as “Alterations”). All Alterations shall be defined as alterationsmade in accordance with all Legal Requirements and Permitted Exceptions, additions in substantial accordance with the plans approved by Landlord (in the case of Structural Alterations), and improvements that do not affect the Building structure, Building systems, the HVAC, or the Common Areas or exterior of the Building if such Alterations do not require building permits. If any work outside the Premises, or any work on or adjustment to any of the Building systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense sole cost and expense. Tenant shall notify Landlord at least five (5) Business Days prior to commencement of any Structural Alterations. Tenant shall promptly deliver to Landlord complete and accurate as-built plans for any Structural Alterations. In the event that any Alteration voids or otherwise limits any Warranty, Landlord shall have no further obligation to repair or replace the items no longer covered by contractors reasonably approved by Landlord. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Project and Landlord’s interests. No approval or consent shall be deemed or construed to be a representation or warranty by Landlord as Warranty due to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall upon installation become part of the realty and be the property of LandlordAlterations. (b) Before making Tenant covenants and agrees that prior to the Expiration Date Tenant shall remove all furniture and other removable personal property from the Premises. Tenant shall not be obligated to remove fixtures, cables, cable trays, signs, staircases, wires, cables or conduits from the Premises. Tenant shall not remove any Alterations which require fixtures from the Premises unless Landlord approves such removal in writing at the time such fixtures are installed by Tenant; provided, however, that Tenant may remove from the Premises its trade fixtures without obtaining Landlord’s consentconsent therefor. On the Expiration Date, Tenant shall submit deliver and surrender the Premises (subject to the foregoing) to Landlord in good repair and condition, except for Landlord’s prior approval schematic drawings of the work ordinary wear and tear and damage due to be performeda casualty or condemnation, and replacements, repairs, and maintenance which are the name obligation of the contractor and all subcontractor proposed by Landlord under this Lease. All property of Tenant to make the Alterations. Tenant shall reimburse Landlord within thirty (30) days of receipt of a written invoice for all reasonable and actual out-of-pocket expenses incurred by Landlord in connection with any Alterations made by Tenant, including actual and reasonable fees charged by Landlord’s contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building to reflect the Alterations. Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before the commencement of any Alterations. Tenant shall give Landlord at least ten (10) days’ notice not removed prior to the commencement Expiration Date or within ninety (90) days following any earlier termination of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewiththis Lease shall be deemed to have been abandoned by Tenant. (c) Tenant shall keep the Premises defend, indemnify and the Project free hold Landlord harmless from and clear of against any and all mechanic’s and other liens filed arising out of any work performed, materials furnished or obligations incurred in connection with any work performed by Tenantor on behalf of Tenant at the Premises, including the Tenant Improvements and all Alterations. If Tenant shall have no authority or power, express or implied, to create or cause to be created any such lien attaches to mechanic’s, materialmen’s or other lien, charge or encumbrance of any kind against the Premises, or any portion thereof. Should any mechanic’s, materialmen’s or other lien, charge or encumbrance of any kind be filed against any portion of the Premises by reason of any work performed by or the Projecton behalf of Tenant, and Tenant’s acts or omissions, or because of a claim against Tenant, Tenant does not shall cause the same to be released cancelled or discharged of record, by paymentbond or otherwise, bonding or otherwise within ten twenty (1020) Business Days after the attachment thereofwritten notice is delivered to Tenant by Landlord. If Tenant shall fail to cancel or discharge said lien or liens within said twenty (20) Business Day period, Landlord shall have may, at its sole option, pay the right but not the obligation to cause amount of any such lien or discharge the same by deposit or, alternatively, by bond or in any manner according to be releasedlaw, and any sums expended upon Landlord’s demand, Tenant shall reimburse Landlord for all reasonable expenses incurred by Landlord in connection therewith shall causing such lien to be payable by Tenant released or discharged, including all reasonable legal fees, within thirty (30) days after receipt of written notice as Additional Rent an invoice therefor from Landlord together with interest thereon from the date reasonable supporting documentation. This Section 13(c) shall survive any termination of expenditure by Landlord at the Default Rate. Tenant shall within ten (10) days of receiving such notice of lien or claim have such lien or claim released of record by providing a bond. Tenant’s failure to comply with the provisions of the foregoing sentence shall be deemed an Event of Default entitling Landlord to exercise all of its remedies therefor without the requirement of any additional notice or cure periodthis Lease. (d) Except for any actual, third-party charges reasonably incurred by Landlord (which Tenant hereby waives and releases its right to make repairs at shall reimburse without any additional markup from Landlord’s expense under Sections 1932(1), 1933(4Landlord shall not charge any fees in connection with any review or approval of proposed Alterations (or the plans therefor). For the avoidance of doubt, 1941 and 1942 Tenant shall not be obligated to pay any construction or management fee to Landlord for, among other things, the initial build-out of any space leased by Tenant in the California Civil Code or any similar or successor Laws now or hereinafter in effectBuilding (including, without limitation, the Tenant Improvements).

Alterations and Mechanics Liens. (a) 10.01 Tenant shall will not make any alterations, improvements or changes alterations to the Premises, other than the Tenant Improvements (“Alterations”), Premises without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, which consent shall be given by Landlord if at all, within five (5) Business Days after Landlord’s receipt of Tenant’s request to make such Alterations and all other information required to be submitted to Landlord pursuant to this Section 9(a). Any such Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications reasonably approved by Landlord; (iii) in compliance with the construction rules and regulations reasonably promulgated by Landlord from time to time; and (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work). Landlord shall notify Tenant in writing at the time that Landlord consents withheld subject to the Alterations, or, if no consent is required, within ten (10) days after Tenant’s written request, as to whether Tenant must remove the Alterations at the end of the Lease Termfollowing provisions; provided, however, that Tenant shall may make nonstructural alterations to the interior of the Premises not be required to remove any general office improvements but shall remove and repair to its original state, all high density filing systems, server rooms, computer mainframes, libraries, telecom nodes, satellite dishes and signs erected with exceed a cost of One Hundred Thousand Dollars ($100,000) in an one (1) work or time or Three Hundred Thousand Dollars ($300,000) over the Lease Term without Landlord’s approval under prior written consent, provided that Tenant otherwise complies with the terms and provisions of this Article 10, and the other provisions of this Lease. Notwithstanding anything to the contrary contained Landlord’s consent shall be contingent upon Tenant providing Landlord with such items and information as may be required by Landlord in this Section 9(a)Landlord’s reasonable discretion, Tenant shall have the rightincluding, without limitation, the following items or information, all subject to Landlord’s consent, to make non-structural Alterations to the Premises approval: (which shall be defined as alterations, additions and improvements that do not affect the Building structure, Building systems, the HVAC, or the Common Areas or exterior of the Building if such Alterations do not require building permits. If any work outside the Premises, or any work on or adjustment to any of the Building systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors reasonably approved by Landlord. Landlord’s right to review and approve (or withhold approval ofi) Tenant’s planscontractor, drawings(ii) certificates of insurance by Xxxxxx’s contractor for commercial general liability insurance with limits not less than Two Million Dollars ($2,000,000) General Aggregate, specificationsOne Million Dollars ($1,000,000) Products/Complete Operations Aggregate, contractor(sOne Million Dollars ($1,000,000) Personal & Advertising Injury, One Million Dollars ($1,000,000) Each Occurrence, Fifty Thousand Dollars ($50,000) Fire Damage, Five Thousand Dollars ($5,000) Medical Expense, One Million Dollars ($1,000,000) Auto Liability (Combined Single Limit, including Hired/Non-Owned Auto Liability), Workers Compensation, including Employer’s Liability, as required by state statute endorsed to show Landlord as an additional insured and other aspects for worker’s compensation as required, and (iii) detailed plans and specifications for such work. The types and amounts of construction work proposed by Tenant is intended solely to protect Landlord, the Project and Landlord’s interests. No approval or consent insurance coverage specified above shall be deemed or construed subject to be a representation or warranty revision by Landlord as from time to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided time in Landlord’s consent, all Alterations shall upon installation become part of the realty and be the property of Landlord. (b) Before making any Alterations which require Landlord’s consent, Tenant shall submit to Landlord for Landlord’s prior approval schematic drawings of the work to be performed, and the name of the contractor and all subcontractor proposed reasonable discretion by Tenant to make the Alterations. Tenant shall reimburse Landlord within thirty (30) days of receipt of a written invoice for all reasonable and actual out-of-pocket expenses incurred by Landlord in connection with any Alterations made by Tenant, including actual and reasonable fees charged by Landlord’s contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building to reflect the Alterations. Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before the commencement of any Alterations. Tenant shall give Landlord at least ten (10) days’ notice prior to the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith. (c) Tenant shall keep the Premises and the Project free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If any such lien attaches to the Premises or the Project, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten (10) Business Days after the attachment thereof, Landlord shall have the right but not the obligation to cause the same to be released, and any sums expended by Landlord in connection therewith shall be payable by Tenant within thirty (30) days after receipt delivery of written notice as Additional Rent with interest thereon from the date of expenditure by Landlord at to Tenant. Xxxxxx agrees that it will have its contractor execute a waiver of mechanic’s lien and, except where Xxxxxx is contesting the Default Rate. lien as provided in Section 10.04, that Tenant shall will remove any mechanic’s lien placed against the Premises within ten (10) days of receiving such receipt of notice of lien or claim have such lien or claim released lien. In addition, before alterations may begin, valid building permits and other required permits, approvals, and licenses required must be furnished to Landlord, and, once the alterations begin, Tenant will diligently and continuously pursue their completion. At Landlord’s option, any alterations may become part of record by providing a bondthe realty and belong to Landlord. Tenant shall at Tenant’s failure expense remove all alterations and repair all damage to comply with the provisions Premises at the expiration or earlier termination of the foregoing sentence shall be deemed an Event of Default entitling this Lease unless otherwise agreed in writing by Landlord; provided that Landlord to exercise all of its remedies therefor without the requirement of any additional notice or cure period. (d) Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1932(1), 1933(4), 1941 and 1942 of the California Civil Code or any similar or successor Laws now or hereinafter in effect.must exercise