Capital Improvements Funded by Tenant Sample Clauses

Capital Improvements Funded by Tenant. If Tenant constructs a Capital Improvement that is not funded or financed by Landlord (a “Tenant Capital Improvement”), then, except with respect to any Tenant Capital Upgrade (which shall automatically become part of the Leased Property upon completion) or as may otherwise be expressly provided in this Master Lease to the contrary: (i) during the Term, such Tenant Capital Improvement shall not be deemed part of the Leased Property and the Facilities and shall not increase the Rent payable hereunder; and (ii) following expiration or termination of the Term, shall, at the option of Landlord, be purchased by Landlord for Fair Market Value, as determined in accordance with Article XXXVII or, if not purchased by Landlord, removed by Tenant at Tenant’s sole cost. Upon the purchase of any such Tenant Capital Improvement by Landlord under this clause (d), such Tenant Capital Improvement shall be deemed a Capital Improvement funded by Landlord for purposes of clause
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Capital Improvements Funded by Tenant. Subject to Landlord’s rights to fund all Capital Improvements under Section 8.1(d) above, Tenant shall have the right to make Capital Improvements: (i) which are reasonably anticipated to beneficially replace, improve, alter or modify any portion of the Leased Assets, so long as the Capital Improvement is of equal or better quality than the portion of said Leased Assets; (ii) the Capital Improvement is constructed in accordance with the Engineering Standard; (iii) the Capital Improvement does not have an adverse effect on the structure or integrity of any existing Leased Assets; and (iv) Tenant has provided Landlord, at least fifteen (15) Business Days prior to the commencement of construction, plans and specifications for such Capital Improvement prepared in a high-grade, professional manner that adequately demonstrate compliance with clauses (i) – (iii) above. All Capital Improvements are subject to Landlord’s review and approval, and Landlord may in its sole discretion deny the request, perform the Capital Improvement itself, or require Tenant to submit the request as part of the next Annual Capital Improvement plan set forth in Section 8.1(b). Any time Tenant submits information to Landlord in order to make a Capital Improvement, Landlord reserves the right to require Tenant submit the additional information in reasonable detail, such as a general description of the proposal, the projected cost of construction, the proposed uses of the Capital Improvements, the impact, if any, on current and forecasted gross revenues and operating income attributable thereto, and such plans and specifications, permits, licenses, contracts and other information concerning the proposal as Landlord may reasonably request. As an illustration of the foregoing, but without any limitation intended, Landlord may reasonably condition its approval of any Capital Improvement as follows: (1) such construction must conform to detailed plans and specifications for the Capital Improvements approved by Landlord pursuant hereto; (2) Tenant must conduct construction under the supervision of a licensed architect or engineer selected by Tenant and approved by Landlord, which approval shall not be unreasonably withheld; (3) Landlord’s receipt, from the general contractor and, if reasonably requested by Landlord, all major subcontractor(s) of a performance and payment bond for the full value of such construction, which such bond shall name Landlord as an additional obligee and otherwise be ...
Sample 1

Related to Capital Improvements Funded by Tenant

  • Capital Improvements The Department has identified the following possible opportunities for Capital Improvements:

  • Tenant Improvements Subject to the terms and conditions hereof, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out (“Tenant Improvements”) of the Leased Premises in accordance with the conditions stated in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction of the Tenant Improvements. Landlord shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvements.

  • LEASEHOLD IMPROVEMENTS The Lessee agrees that no leasehold improvements, alterations or changes of any nature, (except for those listed on any attached addenda) shall be made to the leasehold premises or the exterior of the building without first obtaining the consent of the Lessor in writing, which consent shall not be unreasonably withheld, and thereafter, any and all leasehold improvements made to the Premises which become affixed or attached to the leasehold Premises shall remain the property of the Lessor at the expiration or termination of this Lease Agreement. Furthermore, any leasehold improvements shall be made only in accordance with applicable federal, state or local codes, ordinances or regulations, having due regard for the type of construction of the building housing the subject leasehold Premises. If the Lessee makes any improvements to the Premises the Lessee shall be responsible payment, except the following . Nothing in the Lease shall be construed to authorize the Lessee or any other person acting for the Lessee to encumber the rents of the Premises or the interest of the Lessee in the Premises or any person under and through whom the Lessee has acquired its interest in the Premises with a mechanic’s lien or any other type of encumbrance. Under no circumstance shall the Lessee be construed to be the agent, employee or representative of Lessor. In the event a lien is placed against the Premises, through actions of the Lessee, Lessee will promptly pay the same or bond against the same and take steps immediately to have such lien removed. If the Lessee fails to have the Lien removed, the Lessor shall take steps to remove the lien and the Lessee shall pay Lessor for all expenses related to the Lien and removal thereof and shall be in default of this Lease.

  • REPAIRS AND IMPROVEMENTS 14.1 Prior to registration of transfer, the Purchaser shall not be entitled to effect any alterations to the Property without the prior written consent of the Seller.

  • Improvements and Alterations 33. The Lessor agrees to furnish the demised premises to the Lessee at the fixturing date with those improvements set forth as Lessor's Improvements in Schedule "C" attached hereto. The Lessee agrees to be responsible for the installation at the fixturing date at its sole risk, cost and expense of the Lessee's Improvements in accordance with the rules and regulations as set forth in Schedule "D" attached hereto. Should the Lessee require any alterations, improvements, partitions, or changes of whatsoever kind to or in the demised premises after the Lessee has taken possession thereof, the Lessee will make and install the same at its own expense; PROVIDED HOWEVER, that no repairs, alterations, improvements, partitions, or changes of whatsoever kind shall be made without the written consent of the Lessor first had and obtained, such consent not to be unreasonably withheld; PROVIDED FURTHER, that any such repairs, alterations, improvements, partitions, or changes of whatsoever kind shall be made in a good and workmanlike manner with new, first-class materials and shall be carried out and the plans relating thereto shall be prepared by such tradesman, engineers or consultants as are approved by the Lessor. All alterations, improvements, partitions and changes made in or to the demised premises at any time before or after the taking of possession by the Lessee, by the Lessee or the Lessor, shall immediately become the property of the Lessor and form part of the demised premises and the building and shall remain upon the demised premises; PROVIDED ALWAYS that the Lessor may at the expiration or sooner termination of this Lease for any reason whatsoever require that the Lessee restore the demised premises in whole or in part to the same condition in which they were at the time of the entering into of this Lease, the exceptions to the Lessee's repair obligations only excepted. The Lessee shall not remove any furniture, leasehold improvements, fixtures, chattels of any kind from the demised premises without the prior consent of the Lessor and until all rents and other monies due are fully paid. SIGNS

  • Site Improvements The City may require a Developer to undertake site improvements upon completion of construction. Site improvements include, but are not limited to, seeding or sodding of front yards, and 4' chain-link fencing. Said site improvements must be undertaken when seasonally appropriate. The City reserves the right to make an exception on a case-by-case basis.

  • ALTERATIONS & IMPROVEMENTS Tenant shall not make any alterations, additions or improvements or do any type of construction to the Property without first obtaining Landlord's written consent. Unless prior written agreement is reached between Tenant and Landlord, any such alterations, additions, improvements or construction shall become part of the Property and shall remain at the expiration of Tenant's Lease term. If Landlord approves of alterations, additions, improvements or construction in writing and Tenant intends to use contractors to undertake such work, the contractors must first be approved in writing by Landlord. Tenant must also place any funds to cover the amount of any alterations, additions, improvements or construction in an escrow account approved by Landlord before the commencement of the work. Landlord shall designate the times and manner of the work being done, exclusively.

  • Demolition work (a) As of 1 October 2020 where Employees are directly performing demolition works that would require a demolition permit that allows the performance of such work, they will receive the amount of $8.35 per hour or the site allowance, whichever is the greater. This allowance will be adjusted annually in accordance with CPI (All Groups, Melbourne) movements measured in the twelve month period ending the previous December quarter effective as of 1 March 2021, rounded to the nearest 5 cents.

  • School Improvement The conditions which follow shall govern employee participation in any and all plans, programs, or projects included in the terms, site-based decision making, school improvement, effective schools as provided in Act 197, P.A. 1987 (Section 15.1919 (919b) MSA) or other similar plans:

  • MAINTENANCE, REPAIRS, OR ALTERATIONS The Tenant shall, at their own expense and at all times, maintain premises in a clean and sanitary manner, and shall surrender the same at termination hereof, in as good condition as received, normal wear and tear excepted. The Tenant may not make any alterations to the leased premises without the consent in writing of the Landlord. The Landlord shall be responsible for repairs to the interior and exterior of the building. If the Premises includes a washer, dryer, freezer, dehumidifier unit and/or air conditioning unit, the Landlord makes no warranty as to the repair or replacement of units if one or all shall fail to operate. The Landlord will place fresh batteries in all battery-operated smoke detectors when the Tenant moves into the premises. After the initial placement of the fresh batteries it is the responsibility of the Tenant to replace batteries when needed. A monthly "cursory" inspection may be required for all fire extinguishers to make sure they are fully charged.

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