Common use of Alterations, Improvements and Additions Clause in Contracts

Alterations, Improvements and Additions. Sublessee may not make any alterations, improvements. or additions to the Demised Premises without the express prior written consent Sublessor, provided that Sublessor will not unreasonably withhold, condition or delay its consent to any alterations, improvements or additions if Base Lessor consents to same (it being expressly understood that Sublessor’s condition that upon termination or expiration of the Term, the Demised Premises be returned to the same condition before such alteration, improvement, or addition was made is not unreasonable). Unless otherwise provided in writing by Sublessor, upon termination or expiration of the Term, all alterations. improvements, and addition, including, without limitation, the Initial Improvements (as defined below) will, at Sublessee’s sole expense, be removed by Sublessee and the Demised Premises will be restored to the same condition that existed before such alterations, improvements, or additions were made. Any alterations. additions, or improvements to which the Sublessor consents must be constructed and installed in accordance with (i) all requirements contained in the Base Lease and (ii) any reasonable requirements imposed by Sublessor to protect Sublessor’s interest in the Base Lease and/or in the Demised Premises. All of Sublessee’s improvements. if an), will be paid for solely by Sublessee and installed by contractors, subcontractors, or other persons selected by Sublessee and approved in writing by Sublessor (such consent not to be unreasonably withheld, conditioned or delayed) as Sublessee directs. In the event that Sublessor does not provide its written approval of any such contractor, subcontractor or other person in any applicable instance within four (4) business days of Sublessee’s request therefor, Sublessor will be deemed to have provided its approval in respect thereof. Notwithstanding anything contained herein, Sublessor hereby consents to Sublessee making the improvements, alterations and additions to the Demised Premises related to (x) mold remediation, (y) the construction of new offices and employee areas. and (z) the construction of additional refrigerated space (the “Initial Improvements”. The final specifications of the Initial Improvements will be delivered and approved by Sublessor and Base Lessor before any work related to the Initial Improvements is performed on the Demised Premises. In no event shall (I) Sublessee’s failure to deliver such specifications or (II) Base Lessor’s or Sublessor’s failure to approve within a reasonable period such specifications prevent this Sublease from commencing on the Commencement Date. Without limiting the foregoing, Sublessor has approved, and Sublessee, at its sole expense, has agreed to install, the Fence and an interior wall to segregate the interior of Demised Premises from the remainder of the Property (the “Wall”). The specifications related to the Wall will be supplied by Sublessor. Any material conditions not included in such specifications including, without limitation. the location, materials to be used, and configuration, must be reasonably approved by Sublessor before construction of the Wall commences. At the conclusion of the Term, Sublessee will remove the Wall and Fence at its sole expense, unless Sublessor, at its sole option, has, more than thirty (30) days prior to the end of the expiration of the Term, notified Sublessee of Sublessor’s desire to have either or both the Wall and Fence remain on the Demised Premises. In the event either or both the Wall and Fence remain on the Demised Premises following conclusion of this Sublease, the Wall and/or Fence will be considered part of the Property.

Alterations, Improvements and Additions. Sublessee may not make any alterations(a) Tenant shall furnish, improvementsequip and improve the Leased Premises with partitions, lighting fixtures, wall and floor coverings, paintings and other interior decoration suitable for a trade mart and of a quality and design consistent with the standards generally observed by Landlord. or additions Prior to the Demised Premises without the express prior written consent Sublessor, provided that Sublessor will not unreasonably withhold, condition or delay its consent to any alterations, improvements or additions if Base Lessor consents to same (it being expressly understood that Sublessor’s condition that upon termination or expiration of the Term, the Demised Premises be returned to the same condition before such alteration, improvement, or addition was made is not unreasonable). Unless otherwise provided in writing by Sublessor, upon termination or expiration of the Term, all alterations. improvements, and addition, including, without limitation, the Initial Improvements (as defined below) will, at Sublessee’s sole expense, be removed by Sublessee and the Demised Premises will be restored to the same condition that existed before such alterations, improvements, or additions were made. Any alterations. additions, or improvements to which the Sublessor consents must be constructed and installed in accordance with (i) all requirements contained in the Base Lease and (ii) any reasonable requirements imposed by Sublessor to protect Sublessor’s interest in the Base Lease and/or in the Demised Premises. All of Sublessee’s improvements. if an), will be paid for solely by Sublessee and installed by contractors, subcontractors, or other persons selected by Sublessee and approved in writing by Sublessor (such consent not to be unreasonably withheld, conditioned or delayed) as Sublessee directs. In the event that Sublessor does not provide its written approval commencement of any such contractorwork, subcontractor or other person in any applicable instance within four Tenant shall submit to Landlord for its written approval, detailed plans and specifications providing for the initial furnishing, equipping and improving of the Leased Premises. Two (42) business days complete sets of Sublessee’s request therefor, Sublessor will be deemed to have provided its approval in respect thereof. Notwithstanding anything contained herein, Sublessor hereby consents to Sublessee making the improvements, alterations final working drawings and additions to the Demised Premises related to (x) mold remediation, (y) the construction of new offices and employee areas. and (z) the construction of additional refrigerated space (the “Initial Improvements”. The final specifications of the Initial Improvements will be delivered and approved by Sublessor and Base Lessor before any work related materials relating to the Initial Improvements is performed on the Demised Premises. In no event shall all improvements (I"Improvements") Sublessee’s failure to deliver such specifications or (II) Base Lessor’s or Sublessor’s failure to approve within a reasonable period such specifications prevent this Sublease from commencing on the Commencement Date. Without limiting the foregoing, Sublessor has approved, and Sublessee, at its sole expense, has agreed to install, the Fence and an interior wall to segregate the interior of Demised Premises from the remainder of the Property (the “Wall”). The specifications related to the Wall will be supplied by Sublessor. Any material conditions not included in such specifications including, without limitation. the location, materials that Tenant desires to be used, and configuration, must installed in the Leased Premises shall be reasonably approved by Sublessor before construction of the Wall commences. At the conclusion of the Term, Sublessee will remove the Wall and Fence at its sole expense, unless Sublessor, at its sole option, has, more submitted to Landlord no later than thirty (30) days prior to the end date specified in Section 1.5 hereof. Such drawings and the specifications of materials shall be subject to approval by Landlord which approval shall not be unreasonably withheld. Any delay occasioned as a result of Landlord's disapproval of Tenant's plans and specifications shall not delay the Commencement Date under this Lease except as set forth herein. Upon the approval of the expiration plans and specifications by Landlord, Tenant shall commence to equip, furnish, and improve the Leased Premises, and shall diligently and continuously prosecute such work to substantial completion on or before December 31, 1999. The failure of Tenant to substantially complete such work on or before the Termdate specified in the preceding sentence shall, notified Sublessee at the option of Sublessor’s desire Landlord, be an event of default hereunder. Any further alterations, improvements or additions to have either the Leased Premises (including constructing partitions, installing light fixtures or both painting or changing the Wall and Fence remain on color of any painted surface or the Demised Premisescolor type of any wall, floor or ceiling covering) shall likewise require Landlord's prior written approval. In the event either that Landlord and Tenant cannot agree on Tenant's plans and specifications within sixty (60) days after submission thereof to Landlord, Tenant shall have the right to terminate this Lease by providing written notice to Landlord within sixty-five (65) days after submission of plans to Landlord. In addition, but provided no event of default has occurred and is continuing under the Lease, Tenant shall have the right at any time during the Lease Term to upgrade the Building's and/or Tenant's HVAC/chilled water capacity, or both the Wall and Fence remain on the Demised Premises following conclusion of this Sublease, the Wall and/or Fence will be considered part of the Propertyinstall its own HVAC system at its sole expense with Landlord's prior written approval.

Alterations, Improvements and Additions. Sublessee may No notice or approval of Alterations, Improvements and Additions is necessary throughout the Term. All built-in fixtures installed in the Premises by Tenant shall be removed by Tenant at the end of the Lease Term or automatically become the property of Landlord; Tenant shall also be entitled to remove the following from the Premises, which shall not make be considered fixtures and shall remain at all times the personal property of Tenant: all furniture, fixtures, office machinery and equipment purchased and/or installed by Tenant but excluding those items already present on/at the Premises as of the Occupancy Date of the Lease Term and/or that equipment or systems necessary for the operation of the Building, including, but not limited to, all electrical, plumbing, fire and/or environmental safety equipment and all components of the heating and cooling systems. The removal of any alterationsfixtures by Tenant shall not, improvements. however, result in or additions cause any damage to the Demised Premises without that could affect its structural integrity or prevent the express immediate reoccupation of the Premises by Landlord at the termination or expiration of this Lease. Any damage to the Premises resulting from or caused by the removal of any fixtures by Tenant shall be immediately and completely repaired and restored by Tenant at Tenant’s cost to a condition befitting and/or consistent with the character, style and craftsmanship of the building and Premises. If Tenant fails to repair/restore any damage caused by the removal of fixtures prior written consent Sublessorto the date this Lease or any extension thereof is terminated or expired, provided Landlord shall have the right to either repair said damage or cause said damage to be repaired by a contractor of its choosing and invoice Tenant the costs of said repairs which Tenant shall promptly pay. If Landlord intends to repair/restore any damage, then Landlord must first provide Tenant notice of Landlord’s intentions along with estimates for the repair/restoration work and Tenant must approve such estimates before Landlord proceeds. Tenant shall be responsible for the costs of any measures or actions utilized by Landlord, including all reasonable attorneys’ fees, to recoup payment from Tenant on any invoice for said repairs that Sublessor will not unreasonably withholdTenant refuses or fails to promptly pay to Landlord. The Tenant shall be responsible for obtaining and paying for, condition any necessary governmental permits or delay its consent to any approvals and the construction of all alterations, improvements or and additions if Base Lessor consents shall be in compliance with all applicable governmental laws and regulations. Tenant’s responsibilities and obligations outlined herein to same (it being expressly understood that Sublessor’s condition that upon repair and/or repay Landlord for damage caused by the removal of fixtures shall survive termination or expiration of the Term, the Demised Premises be returned to the same condition before such alteration, improvement, or addition was made is not unreasonable). Unless otherwise provided in writing by Sublessor, upon termination or expiration of the Term, all alterations. improvements, and addition, including, without limitation, the Initial Improvements (as defined below) will, at Sublessee’s sole expense, be removed by Sublessee and the Demised Premises will be restored to the same condition that existed before such alterations, improvements, or additions were made. Any alterations. additions, or improvements to which the Sublessor consents must be constructed and installed in accordance with (i) all requirements contained in the Base Lease and (ii) any reasonable requirements imposed by Sublessor to protect Sublessor’s interest in the Base Lease and/or in the Demised Premises. All of Sublessee’s improvements. if an), will be paid for solely by Sublessee and installed by contractors, subcontractors, or other persons selected by Sublessee and approved in writing by Sublessor (such consent not to be unreasonably withheld, conditioned or delayed) as Sublessee directs. In the event that Sublessor does not provide its written approval of any such contractor, subcontractor or other person in any applicable instance within four (4) business days of Sublessee’s request therefor, Sublessor will be deemed to have provided its approval in respect extension thereof. Notwithstanding anything contained herein, Sublessor hereby consents to Sublessee making the improvements, alterations and additions to the Demised Premises related to (x) mold remediation, (y) the construction of new offices and employee areas. and (z) the construction of additional refrigerated space (the “Initial Improvements”. The final specifications of the Initial Improvements will be delivered and approved by Sublessor and Base Lessor before any work related to the Initial Improvements is performed on the Demised Premises. In no event shall (I) Sublessee’s failure to deliver such specifications or (II) Base Lessor’s or Sublessor’s failure to approve within a reasonable period such specifications prevent this Sublease from commencing on the Commencement Date. Without limiting the foregoing, Sublessor has approved, and Sublessee, at its sole expense, has agreed to install, the Fence and an interior wall to segregate the interior of Demised Premises from the remainder of the Property (the “Wall”). The specifications related to the Wall will be supplied by Sublessor. Any material conditions not included in such specifications including, without limitation. the location, materials to be used, and configuration, must be reasonably approved by Sublessor before construction of the Wall commences. At the conclusion of the Term, Sublessee will remove the Wall and Fence at its sole expense, unless Sublessor, at its sole option, has, more than thirty (30) days prior to the end of the expiration of the Term, notified Sublessee of Sublessor’s desire to have either or both the Wall and Fence remain on the Demised Premises. In the event either or both the Wall and Fence remain on the Demised Premises following conclusion of this Sublease, the Wall and/or Fence will be considered part of the Property.

Alterations, Improvements and Additions. Sublessee may not make any alterations(a) Tenant shall furnish, improvementsequip and improve the Leased Premises with partitions, lighting fixtures, wall and floor coverings, paintings and other interior decoration suitable for a trade mart and of a quality and design consistent with the standards generally observed by Landlord. or additions Prior to the Demised commencement of any such work, Tenant shall submit to Landlord for its written approval, detailed plans and specifications providing for the initial furnishing, equipping and improving of the Leased Premises. Two (2) complete sets of final working drawings and specifications of materials relating to all improvements ("Improvements") that Tenant desires to be installed in the Leased Premises without shall be submitted to Landlord no later than thirty (30) days after execution of the express prior written consent Sublessor, provided that Sublessor Lease by both parties. Such drawings and the specifications of materials shall be subject to approval by Landlord. Landxxxx'x xpproval will not be unreasonably withholdwithheld. Landlord shall respond within ten (10) business days, condition or with specific reasons for any disapproval. Any delay its consent to any alterations, improvements or additions if Base Lessor consents to same (it being expressly understood that Sublessor’s condition that upon termination or expiration occasioned as a result of Landlord's reasonable disapproval of Tenaxx'x xlans and specifications shall not 9 WYNDHAM HOTEL CORPORATION 07/17/90 11 delay the Commencement Date under this Lease. Upon the approval of the Termplans and specifications by Landlord, the Demised Premises be returned Tenant shall commence to the same condition before such alterationequip, improvement, or addition was made is not unreasonable). Unless otherwise provided in writing by Sublessor, upon termination or expiration of the Term, all alterations. improvementsfurnish, and additionimprove the Leased Premises, includingand shall diligently and continuously prosecute such work to substantial completion on or before January 31, without limitation, 1998. The failure of Tenant to diligently attempt to substantially complete such work on or before the Initial Improvements (as defined below) willdate specified in the preceding sentence shall, at Sublessee’s sole expensethe option of Landlord, be removed by Sublessee and the Demised Premises will be restored to the same condition that existed before such an event of default hereunder. Any further alterations, improvements, or additions were made. Any alterations. additionsto the Leased Premises (including constructing partitions, installing light fixtures or painting or changing the color of any painted surface or the color type of any wall, floor, or improvements to ceiling covering which would be visible from the Sublessor consents must exterior of the Leased Premises, or any change which would affect, in any way, the exterior of the Building or the mechanical, electrical, or plumbing systems within the Building or the structural portions of the Building) shall likewise require Landlord's prior written approval, which approval may be constructed and installed in accordance with (i) all requirements contained granted, withheld, or conditioned as Landlord, in the Base Lease and (ii) any reasonable requirements imposed by Sublessor to protect Sublessor’s interest in the Base Lease and/or in the Demised Premises. All exercise of Sublessee’s improvements. if an), will be paid for solely by Sublessee and installed by contractors, subcontractors, or other persons selected by Sublessee and approved in writing by Sublessor (such consent not to be unreasonably withheld, conditioned or delayed) as Sublessee directs. In the event that Sublessor does not provide its written approval of any such contractor, subcontractor or other person in any applicable instance within four (4) business days of Sublessee’s request therefor, Sublessor will be deemed to have provided its approval in respect thereof. Notwithstanding anything contained herein, Sublessor hereby consents to Sublessee making the improvements, alterations and additions to the Demised Premises related to (x) mold remediation, (y) the construction of new offices and employee areas. and (z) the construction of additional refrigerated space (the “Initial Improvements”. The final specifications of the Initial Improvements will be delivered and approved by Sublessor and Base Lessor before any work related to the Initial Improvements is performed on the Demised Premises. In no event shall (I) Sublessee’s failure to deliver such specifications or (II) Base Lessor’s or Sublessor’s failure to approve within a reasonable period such specifications prevent this Sublease from commencing on the Commencement Date. Without limiting the foregoing, Sublessor has approved, and Sublessee, at its Landlord's sole expense, has agreed to install, the Fence and an interior wall to segregate the interior of Demised Premises from the remainder of the Property (the “Wall”). The specifications related to the Wall will be supplied by Sublessor. Any material conditions not included in such specifications including, without limitation. the location, materials to be used, and configuration, must be reasonably approved by Sublessor before construction of the Wall commences. At the conclusion of the Term, Sublessee will remove the Wall and Fence at its sole expense, unless Sublessor, at its sole option, has, more than thirty (30) days prior to the end of the expiration of the Term, notified Sublessee of Sublessor’s desire to have either or both the Wall and Fence remain on the Demised Premises. In the event either or both the Wall and Fence remain on the Demised Premises following conclusion of this Sublease, the Wall and/or Fence will be considered part of the Propertydiscretion may determine.

Alterations, Improvements and Additions. Sublessee may (a) Lessee shall not have the right to make any alterationsalteration, improvementsimprovement or addition to that part of the Premises which is Excess Land (as defined in Paragraph 47.1). or additions Subject to the Demised Premises foregoing, Lessee shall not, without the express Lessor's prior written consent, which consent Sublessor, provided that Sublessor will shall not unreasonably withholdbe withheld, condition or delay its consent to make any alterations, improvements or additions if Base Lessor consents to same the Premises or the building structures, including but not limited to the walls (it being expressly understood that Sublessor’s condition that upon termination or expiration exterior and interior) and roof (exterior and interior); to the exterior appearance of the Termbuildings; or to the utilities and building systems servicing the Premises and shall not take any action or make any filings with Fairfax County or any other governmental entity which would affect the zoning of, or development rights related to, the Demised Premises be returned to Premises. Notwithstanding the same condition before such alterationforegoing, improvement, or addition was made is not unreasonable). Unless otherwise provided in writing by Sublessor, upon termination or expiration of the Term, all alterations. improvements, and addition, including, without limitation, the Initial Improvements (as defined below) will, at Sublessee’s sole expense, be removed by Sublessee and the Demised Premises will be restored to the same condition that existed before such Lessee may make any non-structural alterations, improvements, or additions were made. Any alterations. additions, or improvements to which the Sublessor consents must be constructed and installed in accordance with (i) all requirements contained in the Base Lease and (ii) any reasonable requirements imposed by Sublessor to protect Sublessor’s interest in the Base Lease and/or in the Demised Premises. All of Sublessee’s improvements. if an), will be paid for solely by Sublessee and installed by contractors, subcontractors, or other persons selected by Sublessee and approved in writing by Sublessor (such consent not to be unreasonably withheld, conditioned or delayed) as Sublessee directs. In the event that Sublessor does not provide its written approval of any such contractor, subcontractor or other person in any applicable instance within four (4) business days of Sublessee’s request therefor, Sublessor will be deemed to have provided its approval in respect thereof. Notwithstanding anything contained herein, Sublessor hereby consents to Sublessee making the improvements, alterations and additions to the Demised Premises related without Lessor's prior written consent including "Utility Installations" (which shall mean carpeting, window coverings, air lines, power panels, electrical distribution systems, lighting fixtures, space heaters, air conditioning, plumbing and fencing); provided, that (i) the cost of constructing said alterations, improvements and additions do not exceed $100,000.00 per alteration (which amount may be adjusted by the parties hereto in writing from time to (x) mold remediationtime), (yii) said alterations do not materially alter the construction ratio of new offices office and employee areas. non-office space contained in the Premises or the general ratio of uses of the Premises, and (ziii) the construction of additional refrigerated space (the “Initial Improvements”. The final Lessee promptly provides to Lessor after completion thereof "as-built" plans and specifications of the Initial Improvements will alterations. Lessor may require that Lessee remove any or all of said alterations, improvements or additions costing in excess of $100,000.00 (which amount may be delivered and approved adjusted in writing by Sublessor and Base mutual agreement of the parties hereto from time to time), Lessor before any work related may require Lessee to the Initial Improvements is performed on the Demised Premises. In no event shall (I) Sublessee’s failure to deliver such specifications or (II) Base provide Lessor’s or Sublessor’s failure to approve within a reasonable period such specifications prevent this Sublease from commencing on the Commencement Date. Without limiting the foregoing, Sublessor has approved, and Sublessee, at its Lessee's sole cost and expense, has agreed a lien and completion bond in an amount equal to installone and one-half times the estimated cost of such improvements, the Fence to insure Lessor against any liability for mechanics' and an interior wall materialmen's liens and to segregate the interior of Demised Premises from the remainder insure completion of the Property (work. Except for those items not requiring Lessor's approval, should Lessee make any alterations, improvements or additions of the “Wall”). The specifications related to the Wall will be supplied by Sublessor. Any material conditions not included in such specifications includingtypes specified hereunder, without limitation. the locationprior written approval of Lessor, materials to be used, and configuration, must be reasonably approved by Sublessor before construction Lessor may require that Lessee remove any or all of the Wall commences. At the conclusion of the Term, Sublessee will remove the Wall and Fence at its sole expense, unless Sublessor, at its sole option, has, more than thirty (30) days prior to the end of the expiration of the Term, notified Sublessee of Sublessor’s desire to have either or both the Wall and Fence remain on the Demised Premises. In the event either or both the Wall and Fence remain on the Demised Premises following conclusion of this Sublease, the Wall and/or Fence will be considered part of the Propertysame.