Alterations to Common Areas. No Unit Owner, or its agents or employees, shall make any modifications or alterations to, or encroach upon, or occupy or obstruct any part of the Common Area or Common Area improvements without Approval of the Board, which approval shall not be unreasonably withheld. All work performed by or for the Unit Owner pursuant to this Section 5.04 shall be performed in a diligent, good and workmanlike manner, with the Unit Owners collectively bearing the costs of labor and materials in accordance with their Percentage Ownership Interests unless the work is required in connection with alterations to a Unit being made by the Unit Owner, in which case the cost shall be borne by the Unit Owner for whom the work is being performed. Each Unit Owner's interest in any such modification or alterations shall be the same as its interest in the Common Area where the modifications or alterations are located.
Alterations to Common Areas. No alteration to common --------------------------- areas, except those requested by Tenant, shall materially and adversely interfere with Tenant's use of the Property for offices and research purposes other than temporary interference during construction periods. If Landlord adds any buildings or additions to the Property (other than buildings or additions for the sole benefit of Tenant), Landlord shall, at its sole expense, construct such additional parking on the Property as is required by applicable law to service the parking needs of such buildings or additions. Upon Tenant's request, Landlord will alter common areas at Tenant's sole cost provided that (i) Tenant submits plans and specifications for such alteration along with reasonably detailed cost estimates; (ii) the alteration will not, in Landlord's reasonable opinion, increase Operating Expenses or any other expenses, or Tenant shall agree by written amendment to this Lease to pay such increase; (iii) the alteration shall not in Landlord's reasonable opinion materially interfere with the use, enjoyment and operations of Landlord and its tenants; (iv) the alteration shall comply with all laws; (v) the alteration shall not materially diminish the use, marketability, value, or development opportunities of the Property in Landlord's reasonable opinion; (vi) the alteration shall be architecturally harmonious with the remainder of the Property in Landlord's reasonable opinion; (vii) Tenant shall agree to pay all costs of such alteration; and (viii) in the event such alteration is expected to cost Five Million Dollars ($5,000,000.00) or more in the total aggregate project costs, including soft costs and contingencies or in the event the Tenant at such time no longer is Monsanto Company or no longer maintains a market capitalization in excess of One Billion Dollars ($1,000,000,000.00), then Tenant shall provide Landlord with reasonable security for the payment thereof including a construction disbursing agreement with a title company of Landlord's choice whereby Tenant would escrow no less than one hundred twenty-five percent (125%) of the total costs and cause such title company to insure over mechanics liens related to such construction at Tenant's cost or such other security, such as an irrevocable letter of credit, which Landlord reasonably accepts.
Alterations to Common Areas. Landlord may, from time to time, make --------------------------- alterations, modifications, and rehabilitation to the Property, which might cause certain annoyance and inconvenience to Tenant in connection with such work, without liability to Tenant and without Tenant having the right to claim damages including but not limited to claims of breach of quiet enjoyment, constructive eviction, or rent abatement as long as Tenant is able to, or does, conduct business operations from the Premises. Landlord reserves to itself and shall at any and all times have the right to do or permit to be done any work in or about the exterior of the Property.
Alterations to Common Areas. Landlord shall not have the right to change or alter the location, layout, nature, or arrangement of the Common Areas or any portion of them, including but not limited to the arrangement and location of entrances, passageways, doors, corridors, stairs, elevators, and other public areas of the Office Building; provided, however, that no such change or alteration shall deprive Tenant of access to its Leased Premises or reduce the size of the Leased Premises, unless such reduction is required by Federal, state, or local laws, or regulations, in which event, a reduction in the Leased Premises shall be permitted with a commensurate reduction in Basic Rent. Landlord shall have the right to close temporarily all or any portion of the Common Areas to such extent as may, in the reasonable opinion of Landlord, be necessary to prevent a dedication to the public, provided that Tenant shall not render Landlord liable in any respect for damages to either person or property, nor be construed as an eviction of Tenant, nor cause an abatement of rents, nor relieve Tenant from any of its obligations to Landlord. If any public utility or governmental body shall require Landlord or Tenant to restrict the consumption of any utility or reduce any service for the Leased Premises or the Office Building, Landlord and Tenant shall comply with such requirements, whether or not the utilities and services referred to in this Section 8.3 are reduced or otherwise affected, without any liability on the part of Landlord to Tenant or any other person or any reduction or adjustment in rents payable under this Lease. Landlord and its agents shall be permitted reasonable access to the Leased Premises for the purpose of installing and servicing systems within the Leased Premises deemed necessary by Landlord to provide the services and utilities referred to in this Section 8.3 to Tenant and other tenants in the Office Building. Tenant will be verbally notified by management of any alterations to the Common Area prior to commencement of such alterations.
Alterations to Common Areas. If changes or alterations are made by Landlord to any portion of the Building, including, without limitation, the Common Areas, Landlord shall not thereby be subject to any liability nor shall Tenant be entitled to any compensation or any reduction or abatement of rent and such changes or alterations shall not be deemed to be a constructive or actual eviction or a breach of Landlord’s covenant of quiet enjoyment. Notwithstanding the foregoing, at all times during which Landlord, or Landlord’s employees or agents are performing such changes or alterations to any portion of the Common Area, Landlord and Landlord’s employees and agents shall use commercially reasonable efforts to minimize interference with Tenant’s access to and use of the Premises during Tenant’s normal business hours.
Alterations to Common Areas. Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Common Areas at any time, and Tenant acknowledges and agrees that Landlord may, from time to time, close-off or restrict access to the Common Areas for purposes of permitting or facilitating any construction, alteration, repairs or improvements. If changes or alterations are made by Landlord to any portion of the Project other than the Premises, Landlord shall not thereby be subject to any liability nor shall Tenant be entitled to any compensation or any diminution or abatement of Rent and such changes or alterations shall not be deemed to be a constructive or actual eviction or a breach of Landlord's covenant of quiet enjoyment. Landlord agrees to use commercially reasonable efforts to undertake such work in a manner so as to minimize any disruption to Tenant's operations and to minimize any reduction in Tenant's visibility, access or utility of the Premises.
Alterations to Common Areas. If changes or alterations are made by Landlord to any portion of the Building, including, without limitation, the Common Areas, Landlord shall not thereby be subject to any liability nor shall Tenant be entitled to any compensation or any reduction or abatement of rent and such changes or alterations shall not be deemed to be a constructive or actual eviction or a breach of Landlord's covenant of quiet enjoyment. In the event of any such changes or alterations, Landlord agrees to use reasonable good faith efforts to avoid unreasonable interference with Tenant's use of the Premises.
Alterations to Common Areas. Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Common Areas at any time, and Tenant acknowledges and agrees that Landlord may, from time to time, close-off or restrict access to the Common Areas for purposes of permitting or facilitating any construction, alteration, repairs or improvements, provided that Tenant will have access to and use of the Premises. If changes or alterations are made by Landlord to any portion of the Project other than the Premises, Landlord shall not thereby be subject to any liability nor shall Tenant be entitled to any compensation or any diminution or abatement of Rent and such 09338.008 2450031v1 12 ActiveUS 172034323v.3 changes or alterations shall not be deemed to be a constructive or actual eviction or a breach of Landlord’s covenant of quiet enjoyment. Landlord agrees to use commercially reasonable efforts to undertake such work in a manner so as to minimize any disruption to Tenant’s operations and to minimize any reduction in Tenant’s visibility, access or utility of the Premises.
