Common use of Alterations Required by Law Clause in Contracts

Alterations Required by Law. (a) Landlord at its sole cost shall make all modifications, alterations and improvements to the Building, the Property, or the Project, that are required by any governmental authority at any time due to the base Building constructed by Landlord not having been in compliance with the Laws then applicable governing its construction. (b) Tenant at its sole cost shall make all modifications, alterations and improvements to the Leased Premises, the Building, the Common Areas, the Property, or the Project that are required by Building D any Law because of (i) Tenant’s particular use or occupancy of the Leased Premises, the Building, the Common Areas, the Property, or the Project (as opposed to the Permitted Use generally), (ii) Tenant’s application for any permit or governmental approval, or (iii) Tenant’s making of any modifications, alterations or improvements to or within the Leased Premises. (c) If Landlord shall, at any time during the Lease Term, be required by any governmental authority or Law to make any modifications, alterations or improvements to the Building, the Property, or the Project, the cost incurred by Landlord in making such modifications, alterations or improvements, including interest at a rate equal to the Standard Interest Rate shall be amortized by Landlord over the useful life of such modifications, alterations or improvements, as determined in accordance with generally accepted accounting principles, and the monthly amortized cost of such modifications, alterations and improvements as so amortized shall be considered a Property Maintenance Cost. For purposes of this paragraph 6.3(c) only, the useful life of the applicable modifications, alterations or improvements shall be a minimum of fifteen (15) years, and in no event shall Tenant be required to pay more than $100,000 per year on account of any monthly amortization payments arising pursuant to this paragraph 6.3(c).

Appears in 1 contract

Samples: Lease Agreement (Aruba Networks, Inc.)

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Alterations Required by Law. (a) Landlord at its sole cost shall make all modifications, alterations and improvements to the Building, the Property, or the Project, that are required by any governmental authority at any time due to the base Building constructed by Landlord not having been in compliance with the Laws then applicable governing its construction. (b) Tenant at its sole cost shall make all modifications, alterations and improvements to the Leased Premises, the Building, the Common Areas, the Property, or the Project Premises and Building 2 that are required by Building D any Law because of (i) Tenant’s particular use or occupancy of the Leased Premises, the BuildingBuilding 2, the Common Areas, Areas or the Property, or the Project (as opposed to the Permitted Use generally), (ii) Tenant’s application for any permit or governmental approval, or (iii) Tenant’s making of any modifications, alterations or improvements to or within the Leased Premises. (cb) If Landlord shall, at any time during the Lease Term, be required by any governmental authority or Law to make any modifications, alterations or improvements to the Building, any portion of Building 2 or the Property, and the same is not Landlord’s responsibility pursuant to subparagraph (c) below nor Tenant’s responsibility pursuant to subparagraph (a) above, or the ProjectParagraph 4.7, or any other provision of this Lease, then the cost incurred by Landlord in making such modifications, alterations or improvements, including interest at a rate equal to the Standard Interest Rate Rate, shall be amortized by Landlord over the useful life of such modifications, alterations or improvements, as determined in accordance with generally accepted accounting principlesGAAP, and the monthly amortized cost of such modifications, alterations and improvements as so amortized shall be considered a Property Maintenance Cost. For purposes of this paragraph 6.3(c. (c) onlyNotwithstanding the foregoing, the useful life of the applicable if such governmental authority requires Landlord to make any modifications, alterations or improvements shall be a minimum to any portion of fifteen (15) yearsBuilding 2 or the Property due to such portion not being in compliance with all Laws and Restrictions applicable thereto as of the date the building permit was issued for Building 2, and such portion has not theretofore been altered by Tenant in no event a manner which affects the Building 2 structure or materially affects the Building 2 systems, then any cost or expense incurred by Landlord to correct any noncompliance shall Tenant be required to pay more than $100,000 per year on account of any monthly amortization payments arising pursuant to this paragraph 6.3(c)not constitute a Property Maintenance Cost hereunder.

Appears in 1 contract

Samples: Sublease Agreement (Applovin Corp)

Alterations Required by Law. (a) Landlord at its sole cost shall make all modifications, alterations and improvements to the Building, the Property, or the Project, that are required by any governmental authority at any time due to the base Building constructed by Landlord not having been in compliance with the Laws then applicable governing its construction. (b) Tenant at its sole cost shall make all modifications, alterations and improvements to the Leased Premises, the Building, the Common Areas, the Property, or the Project that are required by Building D any Law because of (i) Tenant’s particular use or occupancy of the Leased Premises, the Building, the Common Areas, the Property, or the Project (as opposed to the Permitted Use generally), (ii) Tenant’s application for any permit or governmental approval, or (iii) Tenant’s making of any modifications, alterations or improvements to or within the Leased Premises.. Building C (c) If Landlord shall, at any time during the Lease Term, be required by any governmental authority or Law to make any modifications, alterations or improvements to the Building, the Property, or the Project, the cost incurred by Landlord in making such modifications, alterations or improvements, including interest at a rate equal to the Standard Interest Rate shall be amortized by Landlord over the useful life of such modifications, alterations or improvements, as determined in accordance with generally accepted accounting principles, and the monthly amortized cost of such modifications, alterations and improvements as so amortized shall be considered a Property Maintenance Cost. For purposes of this paragraph 6.3(c) only, the useful life of the applicable modifications, alterations or improvements shall be a minimum of fifteen (15) years, and in no event shall Tenant be required to pay more than $100,000 per year on account of any monthly amortization payments arising pursuant to this paragraph 6.3(c).

Appears in 1 contract

Samples: Lease Agreement (Aruba Networks, Inc.)

Alterations Required by Law. (a) Landlord at its sole cost shall make all modifications, alterations and improvements to the Building, the Property, or the Project, that are required by any governmental authority at any time due to the base Building Landlord’s Work constructed by Landlord not having been in compliance with the Laws then applicable governing its construction. (b) From and after the Lease Commencement Date, but in no event prior to Substantial Completion of the Landlord Work, Tenant at its sole cost shall make all modifications, alterations and improvements to the Leased Premises, the Building, the Common Areas, the Property, or the Project that are required by Building D any Law because of (i) Tenant’s particular use or occupancy of the Leased Premises, the Building, the Common Areas, the Property, or the Project (as opposed to the Permitted Use generally), (ii) Tenant’s application for any permit or governmental approval, or (iii) Tenant’s making of any modifications, alterations or improvements to or within the Leased Premises. (c) If Landlord shall, at any time during the Lease Term, be required by any governmental authority or Law to make any modifications, alterations or improvements to the Building, the Property, or the ProjectProject and the same is not Tenant’s responsibility under Paragraph 6.3(b) above, then Landlord shall do so and the cost incurred by Landlord in making such modifications, alterations or improvements, including interest at a rate equal to the Standard Interest Rate shall be amortized by Landlord over the useful life of such modifications, alterations or improvements, as determined in accordance with generally accepted accounting principlesGAAP, and the monthly amortized cost of such modifications, alterations and improvements as so amortized shall be considered a Property Maintenance Cost. For purposes of this paragraph 6.3(c) onlyCost (subject, the useful life of the applicable modificationsif applicable, alterations or improvements shall be a minimum of fifteen (15) years, and in no event shall Tenant be required to pay more than $100,000 per year on account of any monthly amortization payments arising pursuant to this paragraph 6.3(cParagraph 13.12 below).

Appears in 1 contract

Samples: Lease Agreement (Palo Alto Networks Inc)

Alterations Required by Law. (a) Landlord at its sole cost shall make all modifications, alterations and improvements to the Building, the Property, Building 3 or the Project, Property that are required by any governmental authority at any time due to the base Base Building Work constructed by Landlord not having been in compliance with the Laws then applicable governing its constructionin effect on the Lease Commencement Date (unless caused by Tenant’s increasing the occupancy load of any portion of Building 3 above the load for a typical office/R&D use). In addition, any work required for Americans With Disabilities Act compliance of paths of travel to Building 3 and the Leased Premises will be performed and paid by Landlord, except to the extent triggered by Tenant’s particular use, as distinguished from general office use, or Tenant’s Non-Standard Improvements. (b) Tenant at its sole cost shall make all modifications, alterations and improvements to the Leased Premises, the Building, the Common Areas, the Property, Premises or the Project Building 3 that are required by Building D any Law because of (i) Tenant’s particular use or occupancy of the Leased Premises, the Building, the Common Areas, the Property, Premises or the Project Building 3 (as opposed to the Permitted Use generally), (ii) Tenant’s application for any permit or governmental approval, or (iii) Tenant’s making of any modifications, alterations or improvements to or within the Leased Premises. (c) If Landlord shall, at any time during the Lease Term, be required by any governmental authority or Law to make any modifications, alterations or improvements to the BuildingLeased Premises, the PropertyBuilding 3, or the ProjectProperty (which are not Landlord’s sole responsibility as described in subparagraph (a) above or Tenant’s sole responsibility as described in subparagraph (b) above), the cost incurred by Landlord in making such modifications, alterations or improvements, including interest at a rate equal to the Standard Interest Rate shall be amortized by Landlord over the useful life of such modifications, alterations or improvements, as determined in accordance with generally accepted accounting principlesGAAP, and the monthly amortized cost of such modifications, alterations and improvements as so amortized shall be considered a Property Maintenance Cost. For purposes of this paragraph 6.3(c) only, the useful life of the applicable modifications, alterations or improvements shall be a minimum of fifteen (15) years, and in no event shall Tenant be required to pay more than $100,000 per year on account of any monthly amortization payments arising pursuant to this paragraph 6.3(c).

Appears in 1 contract

Samples: Sublease Agreement (Kodiak Sciences Inc.)

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Alterations Required by Law. (a) Landlord Tenant shall, at its sole cost shall make all modificationscost, alterations and improvements to the Building, the Property, or the Project, that are required by any governmental authority at any time due to the base Building constructed by Landlord not having been in compliance with the Laws then applicable governing its construction. (b) Tenant at its sole cost shall make all modifications, alterations and improvements to the Leased Premises, Premises after the Building, the Common Areas, the Property, or the Project Lease Commencement Date that are required by Building D any Law because of (i) Tenant’s particular 's use or occupancy of the Leased Premises, the Building, the Common Outside Areas, the Property, or the Project (as opposed to the Permitted Use generally)Property, (ii) Tenant’s 's application for any permit or governmental approval, or (iii) Tenant’s 's making of any modifications, alterations or improvements to or within the Leased Premises. (c) . If Landlord shall, at any time during the Lease Term, be required by any governmental authority or Law to make any modifications, alterations or improvements to the Building, the Property, Building or the Project, the actual out-of-pocket cost incurred by Landlord in making such modifications, alterations or improvements, including interest at a rate equal to the Standard Interest Rate sum of that rate quoted by Xxxxx Fargo Bank, NT. & SA. from time to time as its "prime" rate or "reference" rate and two percent (2%) ("Xxxxx Prime Plus Two"), shall be amortized by Landlord over the useful life of such modifications, alterations or improvements, as determined in accordance with generally accepted accounting principlesstandards, and the monthly amortized cost of such modifications, alterations and improvements as so amortized shall be considered a Property Maintenance Cost. For purposes Notwithstanding anything contained herein to the contrary, except as caused by or resulting from the acts or omissions of this paragraph 6.3(c) onlyTenant or Tenant's architect, Tenant shall not be responsible for correcting any Building code violations or violations of other laws existing at the useful life Commencement Date with respect to improvements constructed by Landlord and existing as of the applicable modificationsLease Commencement Date but, alterations or improvements rather, Landlord shall be a minimum of fifteen (15) years, and in no event shall Tenant be required to pay more than $100,000 per year on account of any monthly amortization payments arising pursuant to this paragraph 6.3(c)responsible for such correction.

Appears in 1 contract

Samples: Industrial Space Lease (Avant Corp)

Alterations Required by Law. (a) Landlord at its sole cost shall make all modifications, alterations and improvements to the Building, the Property, or the Project, that are required by any governmental authority at any time due to the base Building Landlord’s Work constructed by Landlord not having been in compliance with the Laws then applicable governing its construction. (b) From and after the Lease Commencement Date, but in no event prior to substantial completion of Landlord’s Work, Tenant at its sole cost shall make all modifications, alterations and improvements to the Leased Premises, the Building, the Common Areas, the Property, or the Project that are required by Building D any Law because of (i) Tenant’s particular use or occupancy of the Leased Premises, the Building, the Common Areas, the Property, or the Project (as opposed to the Permitted Use generally), (ii) Tenant’s application for any permit or governmental approval, or (iii) Tenant’s making of any modifications, alterations or improvements to or within the Leased Premises. (c) If Landlord shall, at any time during the Lease Term, be required by any governmental authority or Law to make any modifications, alterations or improvements to the Building, the Property, or the ProjectProject and the same is not Tenant’s responsibility under Paragraph 6.3(b) above, then Landlord shall do so and the cost incurred by Landlord in making such modifications, alterations or improvements, including interest at a rate equal to the Standard Interest Rate shall be amortized by Landlord over the useful life of such modifications, alterations or improvements, as determined in accordance with generally accepted accounting principlesGAAP, and the monthly amortized cost of such modifications, alterations and improvements as so amortized shall be considered a Property Maintenance Cost. For purposes of this paragraph 6.3(c) onlyCost (subject, the useful life of the applicable modificationsif applicable, alterations or improvements shall be a minimum of fifteen (15) years, and in no event shall Tenant be required to pay more than $100,000 per year on account of any monthly amortization payments arising pursuant to this paragraph 6.3(cParagraph 13.12 below).

Appears in 1 contract

Samples: Lease Agreement (Palo Alto Networks Inc)

Alterations Required by Law. (a) Landlord at its sole cost shall make all modifications, alterations and improvements to the Building, the Property, Building 4 or the Project, Property that are required by any governmental authority at any time due to the base Base Building Work constructed by Landlord not having been in compliance with the Laws then applicable governing its constructionin effect on the Lease Commencement Date (unless caused by Tenant’s increasing the occupancy load of any portion of Building 4 above the load for a typical office/R&D use). In addition, any work required for Americans With Disabilities Act compliance of paths of travel to Building 4 and the Leased Premises will be performed and paid by Landlord, except to the extent triggered by Tenant’s particular use, as distinguished from general office use, or Tenant’s Non-Standard Improvements. (b) Tenant at its sole cost shall make all modifications, alterations and improvements to the Leased Premises, the Building, the Common Areas, the Property, Premises or the Project Building 4 that are required by Building D any Law because of (i) Tenant’s particular use or occupancy of the Leased Premises, the Building, the Common Areas, the Property, Premises or the Project Building 4 (as opposed to the Permitted Use generally), (ii) Tenant’s application for any permit or governmental approval, or (iii) Tenant’s making of any modifications, alterations or improvements to or within the Leased Premises. (c) If Landlord shall, at any time during the Lease Term, be required by any governmental authority or Law to make any modifications, alterations or improvements to the BuildingLeased Premises, the PropertyBuilding 4, or the ProjectProperty (which are not Landlord’s sole responsibility as described in subparagraph (a) above or Tenant’s sole responsibility as described in subparagraph (b) above), the cost incurred by Landlord in making such modifications, alterations or improvements, including interest at a rate equal to the Standard Interest Rate shall be amortized by Landlord over the useful life of such modifications, alterations or improvements, as determined in accordance with generally accepted accounting principlesGAAP, and the monthly amortized cost of such modifications, alterations and improvements as so amortized shall be considered a Property Maintenance Cost. For purposes of this paragraph 6.3(c) only, the useful life of the applicable modifications, alterations or improvements shall be a minimum of fifteen (15) years, and in no event shall Tenant be required to pay more than $100,000 per year on account of any monthly amortization payments arising pursuant to this paragraph 6.3(c).

Appears in 1 contract

Samples: Sublease Agreement (Kodiak Sciences Inc.)

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