Common use of ALTERATIONS & IMPROVEMENTS Clause in Contracts

ALTERATIONS & IMPROVEMENTS. Subtenant shall not make any alterations, improvements, or modifications to the Subleased Premises without the express prior written consent of Sublandlord and of Master Landlord, which consent by Sublandlord shall not be unreasonably withheld. Subtenant shall reimburse Master Landlord and Sublandlord for all costs which Master Landlord and Sublandlord may incur in connection with granting approval to Subtenant for any alterations and additions, including, without limitation, Master Landlord’s and Sublandlord’s reasonable attorneys’ fees and costs. Subtenant shall provide Master Landlord and Sublandlord with a set of “as-built” drawings for any such work, together with copies of all permits obtained by Subtenant in connection with performing any such work, within fifteen (15) days after completing such work. Sublandlord may impose as a condition of its consent to such alterations, improvements, or modifications, such requirements as Sublandlord may deem reasonable and desirable, including, but not limited to the requirement that Subtenant utilize for such purposes only contractor(s), materials, mechanics and materialmen approved by Sublandlord and that Subtenant, and/or Subtenant’s contractor(s) post a payment and/or completion bond to guarantee the performance of its construction obligations hereunder. On termination of this Sublease, Subtenant shall remove any or all of such improvements and restore the Subleased Premises (or any part thereof) to the same condition as of the Commencement Date of this Sublease, reasonable wear and tear excepted or as otherwise instructed in writing by either Sublandlord or Master Landlord. Should Subtenant fail to remove such improvements and restore the Subleased Premises on termination of this Sublease unless instructed otherwise in writing as set forth above, Sublandlord shall have the right to do so, and charge Subtenant therefor, plus a service charge of ten percent (10%) of the costs incurred by Sublandlord.

ALTERATIONS & IMPROVEMENTS. Subtenant shall not make any alterations, improvements, or modifications to the Subleased Premises without the express prior written consent of Sublandlord and of Master Landlord, which consent by Sublandlord shall not be unreasonably withheld. Subtenant shall reimburse Master Landlord and Sublandlord for all commercially reasonable costs which Master Landlord and Sublandlord may incur in connection with granting approval to Subtenant for any alterations such alteration and additions, including, without limitation, Master Landlord’s and Sublandlord’s reasonable attorneys’ fees and costs. Subtenant shall provide Master Landlord and Sublandlord with a set of “"as-built” " drawings for any such work, together with copies of all permits obtained by Subtenant in connection with performing any such work, within fifteen thirty (1530) days after completing such work. Sublandlord may impose as a condition of its consent to such alterations, improvements, or modifications, such requirements as Sublandlord may deem reasonable and desirable, including, but not limited to the requirement that Subtenant utilize for such purposes only contractor(s), materials, mechanics and materialmen approved by Sublandlord and that Subtenant, and/or Subtenant’s contractor(s) post a payment and/or completion bond to guarantee the performance of its construction obligations hereunder. On termination of this Sublease, Subtenant shall remove any or all of such improvements made by Subtenant or its agents, assigns or sub-subtenants, and to restore the Subleased Premises (or any part thereof) to the same condition as of the Commencement Date of this Sublease, broom clean, reasonable wear and tear excepted excepted, or as otherwise instructed in writing by either Sublandlord or Master Landlord. Should Subtenant fail to remove such improvements and restore the Subleased Premises on as of the termination of this Sublease Sublease, unless instructed otherwise in writing as set forth above, Sublandlord shall have the right to do so, and charge Subtenant therefortherefore, plus a service charge fee of ten percent (10%) 15% of the costs incurred by Sublandlord. Sublandlord consents to the construction of a test lab on the Subleased Premises, so long as such construction complies with all of the terms and conditions of this Paragraph 7.2.

ALTERATIONS & IMPROVEMENTS. Subtenant shall not make any alterations, improvements, or modifications to the Subleased Premises without the express prior written consent of Sublandlord and of Master Landlord, which consent by Sublandlord shall not be unreasonably withheld. Subtenant shall reimburse Master Landlord and Sublandlord for all commercially reasonable costs which Master Landlord and Sublandlord may incur in connection with granting approval to Subtenant for any alterations such alteration and additions, including, without limitation, Master Landlord’s and Sublandlord’s reasonable attorneys’ fees and costs. Subtenant shall provide Master Landlord and Sublandlord with a set of “"as-built” " drawings for any such work, together with copies of all permits obtained by Subtenant in connection with performing any such work, within fifteen thirty (1530) days after completing such work. Sublandlord may impose as a condition of its consent to such alterations, improvements, or modifications, such requirements as Sublandlord may deem reasonable and desirable, including, but not limited to the requirement that Subtenant utilize for such purposes only contractor(s), materials, mechanics and materialmen approved by Sublandlord and that Subtenant, and/or Subtenant’s contractor(s) post a payment and/or completion bond to guarantee the performance of its construction obligations hereunder. On termination of this Sublease, Subtenant shall remove any or all of such improvements made by Subtenant or its agents, assigns or sub-subtenants, and to restore the Subleased Premises (or any part thereof) to the same condition as of the Commencement Date of this Sublease, broom an, reasonable wear and tear excepted excepted, or as otherwise instructed in writing by either Sublandlord or Master Landlord. Should Subtenant fail to remove such improvements and restore the Subleased Premises on as of the termination of this Sublease Sublease, unless instructed otherwise in writing as set forth above, Sublandlord shall have the right to do so, and charge Subtenant therefortherefore, plus a service charge fee of ten percent (10%) 15% of the costs incurred by Sublandlord. Sublandlord consents to the construction of a test lab on the Subleased Premises, so long as such construction complies with all of the terms and conditions of this Paragraph 7.2.

ALTERATIONS & IMPROVEMENTS. Subtenant Sublessee shall not make any alterations, improvements, or modifications to the Subleased Premises without the express prior written consent of Sublandlord Sublessor and of Master LandlordLessor, which consent by Sublandlord Sublessor shall not be unreasonably withheld, conditioned or delaye. Subtenant Sublessee shall reimburse Master Landlord Lessor and Sublandlord Sublessor for all reasonable, out-of-pocket costs which Master Landlord Lessor and Sublandlord Sublessor may incur in connection with granting approval to Subtenant Sublessee for any alterations and additionsalterations, improvements, or modifications, including, without limitation, Master LandlordLessor’s and SublandlordSublessor’s reasonable attorneys’ fees and costs. Subtenant , Sublessee shall provide Master Landlord Lessor and Sublandlord Sublessor with a set of “as-built” drawings for any such work, together with copies of all permits obtained by Subtenant Sublessee in connection with performing any such work, within fifteen (15) days after completing such work. Sublandlord may impose as a condition of its consent to such alterations, improvements, or modifications, such requirements as Sublandlord may deem reasonable and desirable, including, but not limited to the requirement that Subtenant utilize for such purposes only contractor(s), materials, mechanics and materialmen approved by Sublandlord and that Subtenant, and/or Subtenant’s contractor(s) post a payment and/or completion bond to guarantee the performance of its construction obligations hereunder. On termination of this Sublease, Subtenant Sublessee shall remove any or all of such improvements alterations, improvements, or modifications installed by Sublessee which Master Lessor requires in writing be removed (either at the time Master Lessor approved same or any such later time as permitted by the Master Lease) and if any such removal is required, restore the Subleased Premises (or any part thereof) to affected by such removal as required by the same condition as of the Commencement Date of this SubleaseMaster Lease, reasonable wear and tear excepted or as otherwise instructed in writing by either Sublandlord or Master Landlord. Should Subtenant Sublessee fail to remove such improvements alterations, improvements, or modifications and so restore the Subleased Premises on termination of this Sublease unless instructed otherwise in writing as set forth above, Sublandlord Sublessor shall have the right to do so, and charge Subtenant Sublessee for its reasonable out-of-pocket costs therefor, plus a service charge of ten percent (10%) of the costs incurred by SublandlordSublessor. Sublessor shall remain obligated, at Sublessor’s sole cost an expense, to remove, to the extent required by Master Lessor, any alterations, improvements, or modifications existing in and upon the Subleased Premises as of the Commencement Date and to restore the Subleased Premises with respect thereto as required by the Master Lease. Sublessee shall give access to Sublessor to start this work during the last thirty (30) days of the term of this Sublease, so that Sublessor and Sublessee can do their respective surrender work together. Sublessor will not unreasonably interfere with Sublessee’s use and occupancy including its surrender condition work, except for the last 15 days of the Sublease term, at which point Sublessor will be allowed to do whatever removal and restoration work it is required by Master Lessor per the terms of the Master Lease. Base Rent will be abated if Sublessor’s work during the last 15 days of the Term prevent Sublessee from occupying the Sublease Premises or doing any of Sublessee’s surrender obligation work.

ALTERATIONS & IMPROVEMENTS. Subtenant shall not make Sublessee agrees that any alterations, improvements, or modifications and all alterations and improvements to the Subleased Premises without shall be subject to the express Sublessor's prior written consent of Sublandlord and of Master Landlordconsent, which consent by Sublandlord shall not be unreasonably withheld. Subtenant shall reimburse withheld or delayed, and to the provisions of the Master Landlord and Sublandlord for all costs which Master Landlord and Sublandlord may incur in connection with granting approval Lease, if any, relating to Subtenant for any alterations and additionsimprovements. Sublessor shall be entitled to all of the rights afforded Lessor under the Master Lease with respect to such alterations and improvements without diminishing any of the rights of Lessor thereunder. All alterations and improvements undertaken and performed by Sublessee shall be in made in a good and workmanlike manner in compliance with all applicable federal, includingstate and local laws, without limitationzoning codes, rules, regulations, ordinances, statutes, guidelines and other requirements and the terms of this Sublease and the Master Landlord’s Lease. Further, unless otherwise directed under the terms of the Master Lease, all structural and/or permanent alterations and Sublandlord’s reasonable attorneys’ fees improvements undertaken and costs. Subtenant performed by Sublessee and approved, in advance, by Lessor and Sublessor specifically in writing may, at Sublessee's option, remain upon the Premises upon termination of the Sublease Term; provided that if Sublessee shall provide Master Landlord elect to remove said structural and/or permanent improvements, Sublessee shall repair and Sublandlord with a set of “as-built” drawings for restore, at its sole cost and expense (including any such work, together with copies of and all permits obtained by Subtenant in connection with performing any such work, within fifteen (15) days after completing such work. Sublandlord or certificates that may impose as a condition of its consent be required to such alterations, improvements, or modifications, such requirements as Sublandlord may deem reasonable and desirable, including, but not limited to the requirement that Subtenant utilize for such purposes only contractor(sbe obtained), materials, mechanics and materialmen approved by Sublandlord and that Subtenant, and/or Subtenant’s contractor(s) post a payment and/or completion bond to guarantee the performance of its construction obligations hereunder. On termination of this Sublease, Subtenant shall remove any or all of such improvements and restore the Subleased Premises (or any part thereof) to the same condition as existed immediately prior to the installation of such structural and/or permanent alteration or improvement. Sublessee shall indemnify, defend and hold harmless Sublessor, its successors and assigns against any and all actions, claims, costs, damages, demands, expenses (including attorneys' fees), injuries, judgments, liabilities, liens, losses and suits of every kind and nature paid, sustained, suffered or incurred in connection with and arising out of the Commencement Date of this Subleaseremoval, reasonable wear and tear excepted or as otherwise instructed in writing by either Sublandlord or Master Landlord. Should Subtenant fail to remove such improvements and restore under the Subleased Premises on termination of this Sublease unless instructed otherwise in writing as set forth above, Sublandlord shall have the right to do so, and charge Subtenant therefor, plus a service charge of ten percent (10%) terms of the costs incurred Master Lease, of any structural or permanent alterations and improvements performed by SublandlordSublessee and left on the Premises upon the expiration of the Sublease Term.

ALTERATIONS & IMPROVEMENTS. Subtenant shall not (a) Tenant may make any alterationsno alteration, improvementschange, improvement, replacement or modifications addition to the Subleased Premises (collectively, "Alterations") without the express prior written consent of Sublandlord Landlord. Landlord will not unreasonably withhold consent with respect to interior Alterations that do not affect, in any way, the mechanical, electrical, plumbing, HVAC, structural and/or fire and life safety components of Master the Premises ("Non-Structural Alterations"). Landlord may, at its option, require Tenant to submit plans and specifications to Landlord for approval prior to commencing any Alterations. All Alterations must be done in a good and workmanlike manner and in compliance with all applicable laws and ordinances. All Alterations (other than Non-Structural Alterations) must be performed by a contractor on Landlord's approved list (a copy of which may be obtained from the Building manager). Any contractors used by Tenant must cany a comprehensive liability (including builder's risk) insurance policy in such amounts as Landlord may reasonably require and must provide proof of such insurance to Landlord prior to the commencement of any Alterations. All persons performing work in the Premises at the request of Tenant must register with the Building manager prior to initiating any work. Upon completion of any Alterations, Tenant must provide Landlord with a copy of its building permit, final inspection tag and, if plans and specifications were required by Landlord, which consent by Sublandlord shall not be unreasonably withheld. Subtenant shall reimburse Master Landlord final "as built" plans and Sublandlord for all costs which Master Landlord and Sublandlord may incur in connection with granting approval to Subtenant for any alterations and additions, including, without limitation, Master Landlord’s and Sublandlord’s reasonable attorneys’ fees and costs. Subtenant shall provide Master Landlord and Sublandlord with a set of “as-built” drawings for any such workspecifications, together with copies evidence of all permits obtained the lien-free completion of such Alterations. Except for the Tenant Improvements (which shall be governed by Subtenant in connection with performing any such work, within fifteen (15) days after completing such work. Sublandlord may impose as a condition of its consent to such alterations, improvements, or modifications, such requirements as Sublandlord may deem reasonable and desirable, including, but not limited to the requirement that Subtenant utilize for such purposes only contractor(sTenant Improvements Agreement [if any]), materialsall Alterations now or hereafter placed or constructed on the Premises at the request of Tenant will be at Tenant's cost. If Landlord performs Alterations on Tenant's behalf, mechanics and materialmen approved by Sublandlord and that Subtenant, and/or Subtenant’s contractor(s) post a payment and/or completion bond to guarantee Tenant must pay the performance of its construction obligations hereunder. On termination of this Sublease, Subtenant shall remove any or all cost of such improvements and restore the Subleased Premises Alterations (or any part thereof) to the same condition as of the Commencement Date of this Sublease, reasonable wear and tear excepted or as otherwise instructed in writing by either Sublandlord or Master Landlord. Should Subtenant fail to remove such improvements and restore the Subleased Premises on termination of this Sublease unless instructed otherwise in writing as set forth above, Sublandlord shall have the right to do so, and charge Subtenant therefor, plus a service charge construction management fee equal to 10% of ten percent (10%) of the costs incurred by Sublandlordhard costs).

ALTERATIONS & IMPROVEMENTS. Subtenant shall not make any No alterations, improvements, additions or modifications to improvements in or upon the Subleased Premises shall be made by Subtenant without the express prior written consent of Sublandlord and of Master Landlord, which consent by Sublandlord and, to the extent required by Section 9 of the Prime Lease, the consent of Landlord. Subtenant shall comply with the provisions of Section 9 of the Prime Lease with respect to any such alterations, additions or improvements. All alterations, additions and improvements shall be made in accordance with applicable building codes and laws. Upon the termination of the term hereof, all such alterations, additions and improvements (except personal property, business and trade fixtures, machinery and equipment, furniture and movable partitions owned by Subtenant) shall be and remain part of the Premises and be surrendered therewith without disturbance, molestation or injury and shall not be unreasonably withheld. Subtenant shall reimburse Master Landlord and Sublandlord for all costs which Master Landlord and Sublandlord may incur in connection with granting approval to Subtenant for any alterations and additions, including, without limitation, Master Landlord’s and Sublandlord’s reasonable attorneys’ fees and costs. Subtenant shall provide Master Landlord and Sublandlord with a set of “as-built” drawings for any such work, together with copies of all permits obtained removed by Subtenant unless such removal is required by Sublandlord, in connection with performing any such work, within fifteen (15) days after completing such work. Sublandlord may impose as a condition of its consent to such alterations, improvements, or modifications, such requirements as Sublandlord may deem reasonable and desirable, including, but not limited to the requirement that Subtenant utilize for such purposes only contractor(s), materials, mechanics and materialmen approved by Sublandlord and that Subtenant, and/or Subtenant’s contractor(s) post a payment and/or completion bond to guarantee the performance of its construction obligations hereunder. On termination of this Sublease, which case Subtenant shall remove any or all of such improvements the same and restore the Subleased Premises (or any part thereof) to the same condition as of in which they were on the Commencement Date of this Subleasedate hereof, reasonable wear and tear excepted or as otherwise instructed in writing by either Sublandlord or Master Landlordexcepted. Should If Subtenant shall fail to remove such improvements the same and restore the Subleased Premises, then Sublandlord may, but shall not be obligated to, do so at the expense of Subtenant. Personal property, business and trade fixtures, machinery and equipment, furniture and movable partitions owned by Subtenant shall be and remain the property of Subtenant and may be removed by Subtenant at any time during the term hereof when Subtenant is not in default hereunder, and in any event, shall be removed on or before the expiration of the term hereof. Subtenant shall repair any damage caused by such removal. Subtenant covenants and agrees to indemnify, protect and defend Sublandlord against, and hold Sublandlord harmless from, all liens, whether for labor or materials arising as the result of alterations, additions, repairs or improvements to the Premises on termination made by Subtenant during the term of this Sublease unless instructed otherwise in writing as set forth above, Sublandlord shall have the right to do so, and charge Subtenant therefor, plus a service charge of ten percent (10%) of the costs incurred by SublandlordSublease.

ALTERATIONS & IMPROVEMENTS. Subtenant shall not (a) Tenant may make any alterationsno alteration, improvementschange, improvement, replacement or modifications addition to the Subleased Premises without the express prior written consent of Sublandlord and of Master Landlord, which consent by Sublandlord shall not be unreasonably withheld. Subtenant shall reimburse Master Landlord and Sublandlord for all costs which Master Landlord and Sublandlord may incur in connection with granting approval to Subtenant for any alterations and additions, including, without limitation, Master Landlord’s and Sublandlord’s reasonable attorneys’ fees and costs. Subtenant shall provide Master Landlord and Sublandlord with a set of “as-built” drawings for any such work, together with copies of all permits obtained by Subtenant in connection with performing any such work, within fifteen (15) days after completing such work. Sublandlord may impose as a condition of its consent to such alterations, improvements, or modifications, such requirements as Sublandlord may deem reasonable and desirable, including, but not limited to, roof and wall penetrations) (collectively, “Alterations”) without the prior written consent of Landlord. Landlord will not unreasonably withhold consent with respect to interior Alterations that do not affect, in any way, the mechanical, electrical, plumbing, HVAC, structural and/or fire and life safety components of the Building (“Non-Structural Alterations”). Landlord may, at its option, require Tenant to submit plans and specifications to Landlord for approval prior to commencing any Alterations. All Alterations must be done in a good and workmanlike manner and in compliance with all applicable laws and ordinances. All Alterations (other than Non-Structural Alterations) must be performed by a contractor on Landlord’s approved list (a copy of which may be obtained from the Building manager). Any contractors used by Tenant must carry a comprehensive liability (including builder’s risk) insurance policy in such amounts as Landlord may reasonably require and must provide proof of such insurance to Landlord prior to the requirement that Subtenant utilize for such purposes only contractor(s), materials, mechanics and materialmen approved by Sublandlord and that Subtenant, and/or Subtenant’s contractor(s) post a payment and/or completion bond to guarantee the performance commencement of its construction obligations hereunderany Alterations. On termination of this Sublease, Subtenant shall remove any or all of such improvements and restore the Subleased Premises (or any part thereof) to the same condition as of the Commencement Date of this Sublease, reasonable wear and tear excepted or as otherwise instructed in writing by either Sublandlord or Master Landlord. Should Subtenant fail to remove such improvements and restore the Subleased Premises on termination of this Sublease unless instructed otherwise in writing as set forth above, Sublandlord shall have Landlord reserves the right to do sorequire payment and performance bonds to be procured by Tenant or its contractors in connection with such work. Upon completion of any Alterations, Tenant must provide Landlord with a copy of its building permit, final inspection tag and, if plans and charge Subtenant thereforspecifications were required by Landlord, final “as built” plans and specifications, together with evidence of the lien-free completion of such Alterations. Except for the Improvements (which shall be governed by the Tenant Improvements Agreement, if any), all Alterations now or hereafter placed or constructed on the Premises at the request of Tenant will be at Tenant’s cost. If Landlord performs Alterations on Tenant’s behalf, Tenant must pay the cost of such Alterations (plus a service charge construction management fee equal to 10% of ten percent (10%) of the costs incurred by Sublandlordhard costs).

ALTERATIONS & IMPROVEMENTS. Subtenant Sublessee shall not make any alterations, improvements, or modifications including Sublessee Improvements as defined in Paragraph 5.3, to the Subleased Premises without the express prior written consent of Sublandlord Sublessor and of Master LandlordLessor, which consent by Sublandlord Sublessor shall not be unreasonably withheldwithheld or delayed and Sublessor will use its reasonable efforts to get Master Lessor's consent. Subtenant Notwithstanding the foregoing, Sublessee shall reimburse not install any equipment or antennas and/or make any roof penetrations to the Subleased Premises without the express prior written consent of Sublessor and Master Landlord and Sublandlord for all costs Lessor, which consent by Sublessor shall be in its sole discretion. Concurrently, with the granting of such consent, Sublessor shall notify Sublessee in writing whether or not the Master Landlord and Sublandlord may incur in connection with granting approval to Subtenant for any alterations and additions, including, without limitation, Master Landlord’s and Sublandlord’s reasonable attorneys’ fees and costs. Subtenant shall provide Master Landlord and Sublandlord with a set of “as-built” drawings for any such work, together with copies of all permits obtained by Subtenant in connection with performing any such work, within fifteen (15) days after completing such work. Sublandlord may impose as a condition of its consent to such Lessor will require the requested alterations, improvements, modifications or modifications, such requirements as Sublandlord may deem reasonable and desirable, including, but not limited improvements to the requirement that Subtenant utilize for such purposes only contractor(s), materials, mechanics and materialmen approved by Sublandlord and that Subtenant, and/or Subtenant’s contractor(s) post a payment and/or completion bond to guarantee the performance of its construction obligations hereunder. On be removed on termination of this Sublease. Sublessee Improvements as defined in Paragraph 5.3, Subtenant will be completed: (i) to Sublessee's specifications, consistent with the specifications of Sublessor's Improvements in Paragraph 5.2 herein and the consents set forth above; (ii) in accordance with all applicable codes; and (iii) by a general contractor chosen by Sublessee licensed in the State of California and approved by the Sublessor and Master Lessor. Sublessee Improvements may commence upon the completion and execution of all documentation and receipt of all approvals and/or permits required for the new construction. Sublessor and Sublessee shall mutually agree upon the selection of the architect. Sublessee acknowledges that Sublessor prefers that Sublessee employ Vincx Xxxxxxx xx Dennxx Xxxxx & Xssociates, a Mountain View architectural firm, at least in the preliminary design phase because of Mr. Xxxxxxx'x xxxiliarity with the Subleased Premises. Notwithstanding the foregoing, Sublessee shall engage Vincx Xxxxxxx xx review its plans and specifications for conformance to interior work described in Paragraph 5.2 herein, with the cost of said review not to exceed Two Thousand and no/100 Dollars ($2,000.00). On the earlier of the early termination of this Sublease or prior to the Sublease Expiration Date, Sublessee shall remove any or all of such improvements covered under this Article 7 and restore the Subleased Premises (or any part thereof) to the same condition as of the Commencement Date of this Sublease, reasonable wear and tear excepted or as otherwise instructed in writing by either Sublandlord Sublessor or Master LandlordLessor ("Restoration Work"). This Restoration Work shall include, but not be limited to, the restoration of the second floor to the configuration and condition existing as of the Commencement Date, but the first floor may be left in the final configuration existing as of the Sublease expiration or termination except to the extent of any improvements not consented to by Sublessor and/or Master Lessor. Should Subtenant Sublessee fail to remove such improvements and restore timely completed any or all of the Subleased Premises on termination of this Sublease Restoration Work, unless instructed otherwise in writing as set forth above, Sublandlord Sublessor shall have the right to do so, and charge Subtenant Sublessee therefor, plus a service charge of ten percent including holdover Rent for any extended period for the Restoration Work to be completed. Sublessee shall submit to Sublessor all "as built plans" (10%) including an update of the costs incurred work performed on the then present "as built plans" to insure that any work performed is always currently reflected on such plans) for all work (regardless as to whether consent is required) performed by SublandlordSublessee within ninety (90) days of completion.