Common use of Alterations and Repairs Clause in Contracts

Alterations and Repairs. A. Landlord's Consent and Conditions. Tenant shall not make any improvements or alterations to the Premises or the Enclosure Area (the "Work") without in each instance submitting plans and specifications for the Work to Landlord and obtaining Landlord's prior written consent, which shall not be unreasonably withheld or delayed. Tenant shall pay Landlord's standard charge (or, if Landlord does not have a standard charge, then Landlord's actual costs incurred) for review of all of the plans and all other items submitted by Tenant, provided that the charge for such services during the original Term shall not exceed $500 per occurrence so long as there are no material objections to Tenant's plans (i.e., if Landlord in good faith objects to Tenant's plans and Tenant has to redo its plans and resubmit, or if a dispute arises between Landlord and Tenant, then Landlord may collect the actual review costs incurred even if they exceed $500). Landlord will be deemed to be acting reasonably in withholding its consent for any Work which (a) impacts the base structural components or systems of the Building, (b) unreasonably or materially impacts any other tenant's premises, or (c) is visible from outside the Premises. Notwithstanding the foregoing, Tenant shall be entitled to make improvements or alterations to the Premises without Landlord's consent to the extent that such improvements or alterations do not exceed $10,000 per occurrence. Tenant shall pay for the cost of all Work, including the cost of any and all approvals, permits, fees and other charges which may be required as a condition of performing such Work. Upon termination of this Lease, all Work shall become the property of Landlord, except for Tenant's trade fixtures and equipment and for items which Landlord requires Tenant to remove at Tenant's cost at the termination of the Lease pursuant to Section 5E. 19 The following requirements shall apply to all Work (including any Work for which Landlord's consent is not required): (1) Prior to commencement, Tenant shall furnish to Landlord building permits, certificates of insurance satisfactory to Landlord. (2) Tenant shall perform all Work so as to maintain peace and harmony among other contractors serving the Project and shall avoid interference with other work to be performed or services to be rendered in the Project. (3) The Work shall be performed in a good and workmanlike manner, meeting the standard for construction and quality of materials in the Building, and shall comply with all insurance requirements and all applicable governmental laws, ordinances and regulations ("Governmental Requirements"). (4) Tenant shall perform all Work so as to minimize or prevent disruption to other tenants, and Tenant shall comply with all reasonable requests of Landlord in response to complaints from other tenants. (5) Tenant shall perform all Work in compliance with any "Policies, Rules and Procedures for Construction Projects" which may be in effect at the time the Work is performed. (6) Upon completion, Tenant shall furnish Landlord with contractor's affidavits and full and final statutory waivers of liens, as-built plans and specifications for any Work requiring Landlord's consent (and, to the extent available, for any Work not requiring Landlord's consent), and all other close-out documentation relating to the Work, including any other information required under any "Policies, Rules and Procedures for Construction Projects" which may be in effect at such time.

Alterations and Repairs. A. Landlord's Consent and Conditions. Conditions Tenant shall not make any improvements or alterations to the Premises or the Enclosure Area (the "Work") which term shall not include the Initial Improvements to which Appendix C refers) without in each instance submitting plans and specifications specifications, for the Work to Landlord and obtaining Landlord's prior written consent, which shall not be unreasonably withheld or delayed. Tenant shall pay Landlord's standard charge (or, if Landlord does not have a standard charge, then Landlord's actual costs incurred$250) for review of all of the plans and all other items submitted by Tenant, provided that the charge for such services during the original Term shall not exceed $500 per occurrence so long as there are no material objections to Tenant's plans (i.e., if Landlord in good faith objects to Tenant's plans and Tenant has to redo its plans and resubmit, or if a dispute arises between Landlord and Tenant, then Landlord may collect the actual review costs incurred even if they exceed $500). Landlord will be deemed to be acting reasonably in withholding its consent for any Work which (a) impacts the base structural components or systems of the Building, (b) unreasonably or materially impacts any other tenant's premises, or (c) is visible from outside the Premises. Notwithstanding the foregoing, Tenant shall be entitled to make improvements or alterations to reimburse Landlord for actual costs incurred for review of the Premises without Landlord's consent to the extent that such improvements or alterations do not exceed $10,000 per occurrenceplans and all other items submitted by Tenant. Tenant shall pay for the cost of all Work, including the cost of any and all approvals, permits, fees and other charges which may be required as a condition of performing such Work. Upon termination of this Lease, all Work All work shall become the property of LandlordLandlord upon its installation, except for Tenant's trade fixtures and equipment and for items which Landlord requires Tenant to remove at Tenant's cost at the termination of the Lease pursuant to Section 5E. 19 5D. The following requirements shall apply to all Work (including any Work for which Landlord's consent is not required):Work: (1) Prior to commencement, Tenant shall furnish to Landlord building permits, certificates of insurance satisfactory to Landlord, and, at Landlord's request, reasonable security for payment of all costs. (2) Tenant shall perform all Work so as to maintain peace and harmony among other contractors serving the Project and shall avoid interference with other work to be performed or services to be rendered in the Project. (3) The Work shall be be, performed in a good and workmanlike manner, meeting the standard for construction and quality of materials in the Building, and shall comply with all insurance requirements and all applicable governmental laws, ordinances and regulations ("Governmental Requirements"). (4) Tenant shall perform all Work so as to minimize or prevent disruption to other tenants, and Tenant shall comply with all reasonable requests of Landlord in response to complaints from other tenants. (5) Tenant shall perform all Work in compliance with any Landlord's "Policies, Rules and Procedures for Construction Projects" which may be in effect at the time the Work is performed. (6) Tenant shall permit Landlord to supervise all Work. (7) Upon completion, Tenant shall furnish Landlord with contractor's affidavits and full and final statutory waivers of liens, as-built plans and specifications for any Work requiring Landlord's consent (andspecifications, to the extent available, for any Work not requiring Landlord's consent)and receipted bills covering all labor and materials, and all other close-out documentation relating to the Work, including any other information required under any in Landlord's "Policies, Rules and Procedures for Construction Projects" which may be in effect at such time".

Alterations and Repairs. A. Landlord's Consent and Conditions. --------------------------------- Tenant shall not make any improvements or alterations to the Premises or the Enclosure Area (the "Work") without in each instance submitting plans plans, specifications and specifications cost ---- estimates for the Work to Landlord and obtaining Landlord's prior written consentconsent unless (a) the cost thereof is less than five thousand dollars ($5,000.00), which shall (b) such Work does not be unreasonably withheld impact the base structural components or delayedsystems of the Building, (c) such Work will not impact any other tenant's premises, and (d) such Work is not visible from outside the Premises. Tenant shall pay Landlord's standard charge (or, if Landlord does not have a standard charge, then Landlord's actual costs incurred) for review of all of the plans and all other items submitted by Tenant, provided that the charge for such services during the original Term shall not exceed $500 per occurrence so long as there are no material objections to Tenant's plans (i.e., if Landlord in good faith objects to Tenant's plans and Tenant has to redo its plans and resubmit, or if a dispute arises between Landlord and Tenant, then Landlord may collect the actual review costs incurred even if they exceed $500). Landlord will be deemed to be acting reasonably in withholding its consent for any Work which (a) impacts the base structural components or systems of the Building, (b) unreasonably or materially impacts any other tenant's premises, or (c) is visible from outside the Premises. Notwithstanding Landlord shall not unreasonably withhold or delay its consent to Work requested by Tenant unless such Work affects, directly or indirectly, the foregoingBuilding structure or mechanical or life safety systems at the Project, in which case Landlord may withhold such consent in its sole discretion. Landlord shall be deemed to have consented to the Work requested by Tenant if Landlord fails to deliver written notice of disapproval to Tenant's within thirty (30) business days following Landlord's receipt of such request if (and only if) Tenant's request included (i) detailed plans, specifications and cost estimates for the Work and (ii) the following statement in bold capital 12 point letters: "PURSUANT TO SECTION 5A OF THE LEASE, LANDLORD'S SHALL BE DEEMED TO HAVE CONSENTED TO THE WORK REQUESTED HEREIN IF LANDLORD FAILS TO DELIVER WRITTEN NOTICE OF DISAPPROVAL TO TENANT WITHIN THIRTY (30) BUSINESS DAYS FOLLOWING LANDLORD'S RECEIPT OF THIS REQUEST." Tenant shall be entitled to make improvements or alterations to reimburse Landlord for actual costs incurred for review of the Premises without Landlord's consent to the extent that such improvements or alterations do not exceed $10,000 per occurrenceplans and all other items submitted by Tenant. Tenant shall pay for the cost of all Work, including the cost of any and all approvals, permits, fees and other charges which may be required as a condition of performing such Work. Upon termination of this Lease, all All Work shall become the property of LandlordLandlord upon its installation, except for Tenant's trade fixtures and equipment and for items which Landlord requires Tenant to remove at Tenant's cost at the termination of the Lease pursuant to Section 5E. 19 The following requirements shall apply to all Work (including any Work for which Landlord's consent is not required):Work: (1) Prior to commencement, Tenant shall furnish to Landlord detailed plans and specifications, building permits, certificates of insurance satisfactory to Landlord (including, without limitation, certificates evidencing the insurance Tenant, its contractors and subcontractors are required to maintain under Section 8(C)), and, at Landlord's request, security for payment of all costs. (2) Tenant shall perform all Work so as to maintain peace and harmony among other contractors serving the Project and shall avoid interference with other work to be performed or services to be rendered in the Project. (3) The Work shall be performed in a good and workmanlike manner, meeting the standard for construction and quality of materials in the Building, and shall comply with all insurance requirements and all applicable governmental laws, ordinances and regulations ("Governmental Requirements"). (4) Tenant shall perform all Work so as to minimize or prevent disruption to other tenants, and Tenant shall comply with all reasonable requests of Landlord in response to complaints from other tenants. (5) Tenant shall perform all Work in compliance with any Landlord's "Policies, Rules and Procedures for Construction Projects" which may be in effect at the time the Work is performed. (6) Tenant shall permit Landlord to supervise all Work. Landlord may charge a supervisory fee not to exceed seven percent (7%) of labor, material, and all other costs of the Work, if Landlord's employees or contractors perform or otherwise supervise the Work. (7) Upon completion, Tenant shall furnish Landlord with contractor's affidavits and full and final statutory waivers of liens, as-built plans and specifications for any Work requiring Landlord's consent (andspecifications, to the extent available, for any Work not requiring Landlord's consent)and receipted bills covering all labor and materials, and all other close-out documentation relating to the Work, including any other information required under any in Landlord's "Policies, Rules and Procedures for Construction Projects" ". Within thirty (30) business days following Landlord's receipt of a written request by Tenant, Landlord shall waive and subordinate in favor an institutional or other reputable lender of Tenant any interest Landlord may have in Tenant's trade fixtures located at the Premises; provided, however, that (i) the form and content of said waiver and subordination must be reasonably acceptable to Landlord, (ii) the financing to which may said waiver and subordination pertains shall be obtained in effect at such timethe ordinary course of Tenant's business and (iii) Tenant pays concurrently with Landlord's delivery of said waiver and subordination all of Landlord's reasonable attorneys' fees and other expenses incurred in connection therewith.

Alterations and Repairs. A. Landlord's ’s Consent and Conditions. Tenant shall not make any improvements or alterations to the Premises or the Enclosure Area (the "“Work"”) without in each instance submitting plans and specifications for the Work to Landlord and obtaining Landlord's ’s prior written consent, which shall not be unreasonably withheld or delayed. Tenant shall pay Landlord's ’s standard charge (or, if Landlord does not have a standard charge, then Landlord's actual costs incurred) for review of all of the plans and all other items submitted by Tenant, provided that the charge for such services during the original Term shall not exceed $500 per occurrence so long as there are no material objections to Tenant's plans (i.e., if Landlord in good faith objects to Tenant's plans and Tenant has to redo its plans and resubmit, or if a dispute arises between Landlord and Tenant, then Landlord may collect the actual review costs incurred even if they exceed $500). Landlord will be deemed to be acting reasonably in withholding its consent for any Work which (a) impacts the base structural components or systems of the Building, (b) unreasonably or materially impacts any other tenant's ’s premises, or (c) is visible from outside the Premises. Notwithstanding the foregoing, Tenant shall be entitled to make improvements or alterations to reimburse Landlord for actual costs incurred for review of the Premises without Landlord's consent to the extent that such improvements or alterations do not exceed $10,000 per occurrenceplans and all other items submitted by Tenant. Tenant shall pay for the cost of all Work, including the cost of any and all approvals, permits, fees and other charges which may be required as a condition of performing such Work. Upon termination of this Lease, all All Work shall become the property of LandlordLandlord upon its installation, except for Tenant's ’s trade fixtures and equipment and for items which Landlord requires Tenant to remove at Tenant's ’s cost at the termination of the Lease pursuant to Section 5E. 19 Tenant shall designate those items which it considers to be its trade fixtures in any request for Landlord’s approval of alterations. Any alterations not designated as such in Tenant’s request shall be deemed not to be trade fixtures. All Initial Improvements constructed under Appendix C shall become the property of Landlord upon installation, and shall be surrendered to Landlord with the Premises at the termination of this Lease or of Tenant’s right to possession. The following requirements shall apply to all Work (including any Work for which Landlord's consent is not required):Work: (1) Prior to commencement, Tenant shall furnish to Landlord building permits, certificates of insurance satisfactory to Landlord, and, at Landlord’s request, security for payment of all costs. (2) Tenant shall perform all Work so as to maintain peace and harmony among other contractors serving the Project and shall avoid interference with other work to be performed or services to be rendered in the Project. (3) The Work shall be performed in a good and workmanlike manner, meeting the standard for construction and quality of materials in the Building, and shall comply with all insurance requirements and all applicable governmental laws, ordinances and regulations ("“Governmental Requirements"”). (4) Tenant shall perform all Work so as to minimize or prevent disruption to other tenants, and Tenant shall comply with all reasonable requests of Landlord in response to complaints from other tenants. (5) Tenant shall perform all Work in compliance with any "Landlord’s “Policies, Rules and Procedures for Construction Projects" which may be ” in effect at the time the Work is performed. (6) Tenant shall permit Landlord to supervise all Work. Landlord may charge a supervisory fee not to exceed fifteen percent (15%) of labor, material, and all other costs of the Work, if Landlord’s employees or contractors perform the Work. (7) Upon completion, Tenant shall furnish Landlord with contractor's ’s affidavits and full and final statutory waivers of liensliens from all contractors and subcontractors, as-built plans and specifications for any Work requiring Landlord's consent (andspecifications, to the extent available, for any Work not requiring Landlord's consent)and receipted bills covering all labor and materials, and all other close-out documentation relating to the Work, including any other information required under any "in Landlord’s “Policies, Rules and Procedures for Construction Projects" which may be in effect at such time”.

Alterations and Repairs. A. Landlord's ’s Consent and Conditions. Tenant shall not make any improvements or alterations to the Premises or the Enclosure Area (the "“Work"”) without in each instance submitting plans and specifications for the Work to Landlord and obtaining Landlord's ’s prior written consent, which consent shall not be unreasonably withheld withheld, conditioned or delayed. Tenant shall pay Landlord's standard charge (or, if Landlord does not have a standard charge, then Landlord's actual costs incurred) for review of all of the plans and all other items submitted by Tenant, provided that the charge for such services during the original Term shall not exceed $500 per occurrence so long as there are no material objections to Tenant's plans (i.e., if Landlord in good faith objects to Tenant's plans and Tenant has to redo its plans and resubmit, or if a dispute arises between Landlord and Tenant, then Landlord may collect the actual review costs incurred even if they exceed $500). Landlord will be deemed to be acting reasonably in withholding its consent for any Work which (a) materially, adversely impacts the base structural components or systems of the Building, (b) unreasonably or materially impacts any other tenant's premises’s premises other than in an immaterial manner, or (c) is visible from outside affects any portion of the Premiseswest lobby of the Building. Notwithstanding the foregoing, Tenant shall be entitled to make improvements or may perform alterations to the Premises without Landlord's ’s prior written consent (but after not less than five (5) business days’ prior written notice to the extent that Landlord) provided such improvements or alterations do not exceed $10,000 per occurrence(i) materially, adversely affect the mechanical, electrical, HVAC, life safety, or other Building operating systems, (ii) materially, adversely affect the structural components of the Building, (iii) adversely impact any other tenant’s premises, (iv) affect any portion of the west lobby of the Building, or (v) involve the installation or disturbance of any Hazardous Substance. Tenant shall reimburse Landlord for actual out-of-pocket costs incurred for review of the plans and all other items submitted by Tenant. Tenant shall pay for the cost of all Work, including the cost of any and all approvals, permits, fees and other charges which may be required as a condition of performing such Work. Upon termination of this Lease, all All Work shall become the property of LandlordLandlord upon its installation, except for Tenant's ’s trade fixtures and equipment its personal property and for items which Landlord requires Tenant to remove at Tenant's ’s cost at the termination of the Lease pursuant to Section 5E. 19 The following requirements shall apply to all Work (including any Work for which Landlord's consent is not required):Work: (1) Prior to commencement, Tenant shall furnish to Landlord required building permits, if any, and certificates of insurance reasonably satisfactory to LandlordLandlord evidencing coverage similar to that described in Section VI of Appendix C attached hereto. (2) Tenant shall perform all Work so as to maintain peace and harmony among other contractors serving the Project Office Park and shall avoid interference with other work to be performed or services to be rendered in the ProjectOffice Park. (3) The Work shall be performed in a good and workmanlike manner, meeting the standard for construction and quality of materials in the Building, and shall comply with all insurance requirements and all applicable governmental laws, ordinances and regulations ("“Governmental Requirements"”). (4) Tenant shall perform all Work so as to minimize or prevent disruption to other tenants, and Tenant shall comply with all reasonable requests of Landlord in response to complaints from other tenants. (5) Tenant shall perform all Work in compliance with any "Landlord’s “Policies, Rules and Procedures for Construction Projects" which may be in effect at the ” attached hereto as Appendix H, as amended from time the Work is performedto time. (6) Tenant shall permit Landlord to supervise all Work, and in all instances Tenant shall reimburse Landlord for all actual out-of-pocket costs incurred by Landlord in providing such supervision. Tenant further agrees that if Tenant employs Landlord or its employees or Landlord’s contractors to perform any portion of such work, Tenant shall pay to Landlord a further coordination fee as then agreed upon by Landlord and Tenant. (7) Upon completion, Tenant shall furnish Landlord with contractor's ’s affidavits and full and final statutory waivers of liens, as-built plans and specifications for any Work requiring Landlord's consent (and, to the extent available, for any Work not requiring Landlord's consent)specifications, and receipted bills covering all other close-out documentation relating to the Work, including any other information required under any "Policies, Rules labor and Procedures for Construction Projects" which may be in effect at such time.materials

Alterations and Repairs. A. Landlord's Consent and Conditions. Tenant 5.01 TENANT shall not make any improvements structural or exterior alterations to the Premises or premises with LANDLORD'S consent. TENANT at his cost and expense shall have the Enclosure Area (the "Work") without in each instance submitting plans and specifications for the Work right to Landlord and obtaining Landlord's prior written make, with LANDLORD'S consent, which non-structural alterations to the interior of the premises of the building as are required in order for TENANT to conduct his business on the premises. All alterations shall be completed with due diligence in compliance with applicable laws. 5.02 TENANT shall not be unreasonably withheld or delayed. Tenant shall pay Landlord's standard charge (or, if Landlord does not have a standard charge, then Landlord's actual costs incurred) for review of all of allowed to remove any alteration which he has made to the plans and all other items submitted by Tenant, provided that the charge for such services during the original Term shall not exceed $500 per occurrence so long as there are no material objections to Tenant's plans (i.e., if Landlord in good faith objects to Tenant's plans and Tenant has to redo its plans and resubmit, or if a dispute arises between Landlord and Tenant, then Landlord may collect the actual review costs incurred even if they exceed $500). Landlord will be deemed to be acting reasonably in withholding its consent for any Work which property. (a) impacts TENANT shall pay for all costs of construction performed by it or caused to be performed by it on the base structural components Premises. TENANT shall keep the premises free and clear of all mechanic's liens resulting from construction performed by / or systems of the Building, for TENANT. (b) unreasonably TENANT shall have the right to contest the correctness or materially impacts the validity of any other tenant's such lien, if immediately on demand of LANDLORD, TENANT procures and records a lien release bond issued by a corporation authorized to issue bonds in the state of California, equal to one-half of the amount of the claim of the lien. 5.03 LANDLORD shall maintain at its cost all structural parts of the building together with the roof. 5.04 TENANT shall maintain at its own cost and expense the following: (a) window frames; (b) all interior portions of the demised premises, or ; (c) is visible from outside all plumbing, sewage systems problems and electrical problems within the Premises. Notwithstanding demised premises; (d) all portions of the foregoing, Tenant shall be entitled to make improvements building for damage caused by the acts or alterations to omissions of TENANT or its authorized agents or representatives; (e) the Premises without Landlord's consent to heating and air conditioning systems; (f) the extent that such improvements or alterations do not exceed $10,000 per occurrence. Tenant shall pay plate glass; (g) all other aspects of the building except for those portions of the cost of all Work, including the cost of any and all approvals, permits, fees and other charges which may be required as a condition of performing such Work. Upon termination building set forth in Section 5.03 of this Leaselease; 5.05 If so required, all Work shall become the property of Landlord, except for Tenant's trade fixtures TENANT may install and equipment maintain its own alarm system at its own cost and for items which Landlord requires Tenant to remove at Tenant's cost at the termination of the Lease pursuant to Section 5E. 19 The following requirements shall apply to all Work (including any Work for which Landlord's consent is not required): (1) Prior to commencement, Tenant shall furnish to Landlord building permits, certificates of insurance satisfactory to Landlordexpense. (2) Tenant shall perform all Work so as to maintain peace and harmony among other contractors serving the Project and shall avoid interference with other work to be performed or services to be rendered in the Project. (3) The Work shall be performed in a good and workmanlike manner, meeting the standard for construction and quality of materials in the Building, and shall comply with all insurance requirements and all applicable governmental laws, ordinances and regulations ("Governmental Requirements"). (4) Tenant shall perform all Work so as to minimize or prevent disruption to other tenants, and Tenant shall comply with all reasonable requests of Landlord in response to complaints from other tenants. (5) Tenant shall perform all Work in compliance with any "Policies, Rules and Procedures for Construction Projects" which may be in effect at the time the Work is performed. (6) Upon completion, Tenant shall furnish Landlord with contractor's affidavits and full and final statutory waivers of liens, as-built plans and specifications for any Work requiring Landlord's consent (and, to the extent available, for any Work not requiring Landlord's consent), and all other close-out documentation relating to the Work, including any other information required under any "Policies, Rules and Procedures for Construction Projects" which may be in effect at such time.