Common use of Changes and Alterations Clause in Contracts

Changes and Alterations. Section 10.01. Landlord shall not make any changes, modifications or alterations to the improvements existing on the Premises at the Commencement Date. A. Tenant may, without Landlord’s consent, make non-structural alterations or improvements to the Premises, the cost of which in each instance does not exceed $100,000.00. No other alterations, improvements or changes (i.e. nonstructural repairs, alterations or improvements the cost of which exceeds $100,000.00, or structural repairs, alterations or improvements) including any initial alterations to be performed by Tenant in order to make the premises ready for occupancy, shall be made without Landlord’s prior written consent, which consent shall not be unreasonably withheld or delayed. All buildings, improvements, alterations and replacements, and all building service equipment made or installed by or on behalf of Tenant shall immediately, upon completion or installation thereof, be and become the property of Landlord. All trade fixtures, moveable partitions, furniture and furnishings installed at the expense of the Tenant shall remain the property of Tenant and Tenant may remove the same or any part thereof during the Term of this Lease, or if the term shall end prior to the date herein specifically fixed for such termination, then within a reasonable time thereafter, but Tenant shall at its expense, repair any and all damage to the Premises resulting from or caused by such removal. Title to any property which Tenant elects not to remove or which is abandoned by Tenant shall, at the end of the term, vest in Landlord notwithstanding any other rights or remedies Landlord may maintain with respect to such failure to remove Tenant’s property. All such work to be performed by Tenant shall be in accordance with applicable codes, laws, rules or regulations and the approved plans and specifications, and Landlord shall have the right at any time during the pendency of such work to inspect the Premises and the manner of construction. Any mechanics lien filed at any time against the Premises, for work claimed to have been performed or for materials claimed to have been furnished to Tenant or Tenant’s contractors or subcontractors, shall be discharged by Tenant within thirty (30) days after filing by bonding, payment or as otherwise provided for herein. Landlord agrees that it will not unreasonably withhold or delay its consent with respect to alterations or improvements proposed by Tenant. As to any alteration to which Landlord has consented, Landlord shall not have the right to require the removal of the alteration or restoration of the Premises unless such removal or restoration was made an express condition of Landlord's consent.

Changes and Alterations. Except for as provided in Section 10.01. Landlord shall not make any changes7.1 and 7.2, modifications or alterations to the improvements existing on the Premises at the Commencement Date. A. Tenant may, without Landlord’s consent, make non-structural alterations or improvements to the Premises, the cost of which in each instance does not exceed $100,000.00. No other alterations, improvements or changes (i.e. nonstructural repairs, alterations or improvements the cost of which exceeds $100,000.00, or structural repairs, alterations or improvements) including any initial alterations to be performed by Tenant in order to make the premises ready for occupancy, shall be made without Landlord’s prior written consent, which consent shall not be unreasonably withheld or delayed. All buildings, improvements, alterations and replacements, and all building service equipment made or installed by or on behalf of Tenant shall immediately, upon completion or installation thereof, be and become the property of Landlord. All trade fixtures, moveable partitions, furniture and furnishings installed at the expense of the Tenant shall remain the property of Tenant and Tenant may remove the same or any part thereof during the Term of this LeaseAgreement, or if the term shall end prior to the date herein specifically fixed for such termination, then within a reasonable time thereafter, but Tenant shall at its expensenot make any change, repair any and all damage alteration or addition to the Premises resulting from (collectively, the “Improvements”) that would materially alter the function or caused by such removalexterior appearance of the Premises, without the prior written consent of the Landlord. Title to any property which Tenant elects not to remove or which is abandoned by Tenant shallExcept as otherwise set forth in this Agreement, all Improvements shall be made at the end sole cost and expense of Tenant. All Improvements, including those pursuant to Sections 7.1 and 7, must comply with all of the term, vest following: (a) The Improvements must not materially impair the value or structural integrity of the Premises. (b) The Improvements must be necessary for the operation of the business. (c) No Improvements may be undertaken until Tenant has obtained all required permits and authorizations under Applicable Law. (d) The Improvements must be made in Landlord notwithstanding any other rights or remedies Landlord may maintain a good and workmanlike manner and in accordance with respect to such failure to remove Tenant’s propertyall applicable permits and Applicable Laws. All such work repairs and Improvements to the Premises must be performed by Tenant shall be in accordance with applicable codeslicensed and bonded contractors. (e) During the construction of any Improvements in, lawsto or of, rules or regulations and the approved plans and specifications, and Landlord shall have the right at any time during the pendency of such work to inspect the Premises and the manner of construction. Any mechanics lien filed at any time against the Premises, for work claimed or the permitted demolition or new construction or any restoration, Tenant shall comply with the insurance requirements set forth in Section 8.2, which policy or policies by endorsement thereto, if not then covered, will also insure any change, alteration or addition or new construction, including all materials and equipment incorporated in, on or about the Premises. (f) Prior to have been performed commencement of any construction, change, alteration or for materials claimed repair, Tenant shall deliver to have been furnished to Tenant or Tenant’s contractors or subcontractors, shall be discharged by Tenant within thirty the City not later than ten (3010) business days after filing by bonding, payment or as otherwise provided for herein. Landlord agrees that it will not unreasonably withhold or delay its consent with respect to alterations or improvements proposed by Tenant. As to any alteration to which Landlord has consented, Landlord shall not have the right to require the removal written notice of the alteration or restoration proposed work, a general description of the Premises unless such removal or restoration was made an express condition proposed work and sufficient information to permit the City to post a notice of Landlord's consentnonresponsibility on the Premises.

Changes and Alterations. Section 10.01. Landlord shall not make any changes, modifications or alterations to the improvements existing on the Premises at the Commencement Date. A. Tenant may, without Landlord’s consent, make non-structural alterations or improvements to the Premises, the cost of which in each instance does not exceed $100,000.00. No other alterations, improvements or changes (i.e. nonstructural repairs, alterations or improvements the cost of which exceeds $100,000.00, or structural repairs, alterations or improvements) including any initial alterations to be performed by Tenant in order to make the premises ready for occupancy, shall be made without Landlord’s prior written consent, which consent shall not be unreasonably withheld or delayed. All buildings, improvements, alterations and replacements, and all building service equipment made or installed by or on behalf of Tenant shall immediately, upon completion or installation thereof, be and become the property of Landlord. All trade fixtures, moveable partitions, furniture and furnishings installed at the expense of the Tenant shall remain the property of Tenant and Tenant may remove the same or any part thereof during the Term of this Lease, or if the term shall end prior to the date herein specifically fixed for such termination, then within a reasonable time thereafter, but Tenant shall at its expense, repair any and all damage to the Premises resulting from or caused by such removal. Title to any property which Tenant elects not to remove or which is abandoned by Tenant shall, at the end of the term, vest in Landlord notwithstanding any other rights or remedies Landlord may maintain with respect to such failure to remove Tenant’s property. All such work to be performed by Tenant shall be in accordance with applicable codes, laws, rules or regulations and the approved plans and specifications, and Landlord shall have the right at any time, and from time to time during the pendency Term, to make such changes and alterations, structural or otherwise, to the Building, improvements and fixtures hereafter erected on the Demised Premises as Tenant shall deem necessary or desirable in connection with the requirements of its business, which changes and alterations (other than changes or alterations of Tenant's Trade Fixtures and equipment) shall be made in all cases subject to the following conditions, which Tenant covenants to observe and perform: (a) No change or alteration shall be undertaken until Tenant shall have procured and paid for, so far as the same may be required from time to time, all Municipal, State and Federal permits and authorizations of the various governmental bodies and departments having jurisdiction thereof, and Landlord agrees to join in the application for such permits or authorizations whenever such action is necessary, all at Tenant's sole cost and expense, provided such applications do not cause Landlord to become liable for any cost, fees or expenses, and provided, at Landlord's direction, such approval is terminated, at the option of Landlord, at the expiration of the Term. (b) In any undertaking of Tenant pursuant to this Article 17, except in the instance of interior decorating, no structural change or alteration shall be undertaken until detailed plans and specifications have been first submitted to and approved in writing by Landlord, which approval shall not unreasonably be withheld or delayed. Before commencement of any such change, alteration, restoration or construction ("New Work") which in Landlord's reasonable judgment would alter the mechanical, structural, or other Building systems, Tenant shall: (i) obtain Landlord's prior written consent, (which consent may be withheld if the change or alteration would, in the reasonable judgment of Landlord, impair the value or usefulness to Landlord of the Land or Landlord's Improvements, or any substantial part thereof or would unreasonably alter the aesthetics of the Demised Premises); (ii) guarantee the completion thereof within a reasonable time thereafter (1) free and clear of all mechanic's liens or other liens, encumbrances, security interests and charges, and (2) in accordance with the plans and specifications approved by Landlord; and (iii) Tenant shall promptly upon the completion of the New Work deliver to Landlord two (2) complete sets of "as built" drawings for the New Work. (c) Any change or alteration shall, when completed, be of such work character as not to inspect reduce the value or utility of the Demised Premises below its value or utility to Landlord immediately before such change or alteration, nor shall such change or alteration reduce the ares or cubic content of the Building, nor change the character of the Demised Premises as to use without Landlord's express written consent. (d) All New Work shall be done promptly and in a good and workmanlike manner and in Compliance with Laws and in accordance with the orders, rules and regulations of the Board of Fire Underwriters where the Demised Premises is located, or any other body exercising similar functions. The cost of any such change or alteration shall be paid by Tenant so that the Demised Premises and all portions thereof shall at all times be free of liens for labor and materials supplied to the manner of construction. Any mechanics lien filed at any time against the Demised Premises, for work claimed to have been performed or for materials claimed to have been furnished to Tenant or Tenant’s contractors or subcontractors, any portion thereof. The New Work shall be discharged by prosecuted with reasonable dispatch, delays due to strikes, lockouts, acts of God, inability to obtain labor or materials, governmental restrictions or similar causes beyond the reasonable control of Tenant within thirty (30) days after filing by bondingexcepted. Tenant shall obtain and maintain, payment or as otherwise provided for herein. Landlord agrees that it will not unreasonably withhold or delay at its consent sole cost and expense, during the performance of the New Work, workers' compensation insurance covering all persons employed in connection with the New Work and with respect to alterations which death or improvements proposed by Tenant. As injury claims could be asserted against Landlord or Tenant or against the Demised Premised or any interest therein, together with comprehensive general liability insurance for the mutual benefit of Landlord and Tenant with limits of not less than One Million Dollars ($1,000,000.00) in the event of injury to one person, Three Million Dollars ($3,000,000.00) in respect to any alteration to which Landlord has consentedone accident or occurrence, Landlord and Five Hundred Thousand Dollars ($500,000.00) for property damage, and the fire insurance with "extended coverage" endorsement required by Section 5.1 hereof shall not have the right to require the removal of the alteration or restoration of the Premises unless such removal or restoration was made an express condition of Landlord's consent.be supplemented with 49 56

Changes and Alterations. Section 10.01. Landlord During the Term of this Lease, the Tenant shall not make any changes, modifications alteration or alterations addition to the improvements existing on Premises (collectively, the “Improvements”) that would materially alter the function or exterior appearance of the Premises at without the Commencement Date. A. Tenant may, without prior written consent of the Landlord’s consent, make non-structural . All alterations or improvements to the Premises, the cost of which in each instance does not exceed $100,000.00. No other alterations, improvements or changes (i.e. nonstructural repairs, alterations or improvements the cost of which exceeds $100,000.00, or structural repairs, alterations or improvements) including any initial alterations to be performed by Tenant in order to make the premises ready for occupancy, and additions shall be made without Landlord’s prior written consentat the sole cost and expense of the Tenant and shall comply with all of the following: (a) The change or alteration shall not materially impair the value or structural integrity of the Improvements. (b) The change or alteration shall be for a use which is permitted hereunder. (c) No change, alteration or addition shall be undertaken until Tenant shall have obtained and paid for, so far as the same may be required from time to time, all required permits and authorizations of any federal, state or local government or departments or subdivisions of any of them, having jurisdiction. (d) Any change, alteration or addition shall be made in a good and workmanlike manner and in accordance with all applicable permits and all Applicable Laws. (e) During the period of initial construction of the Improvements or the construction of any change, alteration or addition in, to or of, the Improvements, new construction or any restoration, City shall comply with the insurance requirements set forth in Article VIII, which consent policy or policies by endorsement thereto, if not then covered, shall also insure any change, alteration or addition or new construction, including all materials and equipment incorporated in, on or about the Improvements or the Property (f) Prior to commencement of any construction, change, alteration or repair Tenant shall deliver to City not later than ten (10) business days written notice of the proposed work and a general description of the proposed work. Such work shall not proceed until Landlord has approved (which approval shall not be unreasonably withheld or delayed. All buildings) in writing: (i) Tenant’s contractor; (ii) The amount and coverage of public liability and property damage insurance, improvementswith Landlord named as an additional insured, alterations carried by the Tenant’s contractor; (iii) Complete and replacements, detailed plans and all building service equipment made or installed by or on behalf of Tenant shall immediately, upon completion or installation thereof, be and become the property of Landlord. All trade fixtures, moveable partitions, furniture and furnishings installed at the expense of the Tenant shall remain the property of Tenant and Tenant may remove the same or any part thereof during the Term of this Lease, or if the term shall end prior to the date herein specifically fixed specifications for such terminationwork, then within a reasonable time thereafter, but Tenant shall at its expense, repair any and all damage to and; (iv) A schedule for the Premises resulting from or caused by such removal. Title to any property which Tenant elects not to remove or which is abandoned by Tenant shall, at the end of the term, vest in Landlord notwithstanding any other rights or remedies Landlord may maintain with respect to such failure to remove Tenant’s property. All such work to be performed by Tenant shall be in accordance with applicable codes, laws, rules or regulations and the approved plans and specifications, and Landlord shall have the right at any time during the pendency of such work to inspect the Premises and the manner of construction. Any mechanics lien filed at any time against the Premises, for work claimed to have been performed or for materials claimed to have been furnished to Tenant or Tenant’s contractors or subcontractors, shall be discharged by Tenant within thirty (30) days after filing by bonding, payment or as otherwise provided for herein. Landlord agrees that it will not unreasonably withhold or delay its consent with respect to alterations or improvements proposed by Tenant. As to any alteration to which Landlord has consented, Landlord shall not have the right to require the removal of the alteration or restoration of the Premises unless such removal or restoration was made an express condition of Landlord's consentwork.

Changes and Alterations. Section 10.01. Landlord During the Term of this Agreement, Tenant shall not make any changes, modifications improvements, repairs, alteration, addition or alterations otherwise to the improvements existing on the Premises at the Commencement Date. A. Tenant may, without Landlord’s consent, make non-structural alterations or improvements to the Premises(collectively, the cost “Improvements”) without the prior written consent of which in each instance does not exceed $100,000.00City. No other alterations, improvements or changes (i.e. nonstructural repairs, Any approved alterations or improvements the cost of which exceeds $100,000.00, or structural repairs, alterations or improvements) including any initial alterations to be performed by Tenant in order to make the premises ready for occupancy, and additions shall be made without Landlord’s prior written consent, which consent shall not be unreasonably withheld or delayed. All buildings, improvements, alterations and replacements, and all building service equipment made or installed by or on behalf of Tenant shall immediately, upon completion or installation thereof, be and become the property of Landlord. All trade fixtures, moveable partitions, furniture and furnishings installed at the sole cost and expense of the Tenant and shall remain comply with all of the property following: (a) The change or alteration shall not materially impair the value or structural integrity of the Premises. (b) The change or alteration shall be for a use which is permitted hereunder. (c) No change, alteration or addition shall be undertaken until Tenant shall have obtained and Tenant may remove paid for, so far as the same or any part thereof during may be required from time to time, all required permits from the Term City of this LeaseMilpitas, or if the term shall end prior to the date herein specifically fixed for such terminationwhere otherwise appropriate, then within a reasonable time thereafterand authorizations of any federal, but Tenant shall at its expensestate or local government or departments or subdivisions of any of them, repair any and all damage to the Premises resulting from having jurisdiction. (d) Any change, alteration or caused by such removal. Title to any property which Tenant elects not to remove or which is abandoned by Tenant shall, at the end of the term, vest in Landlord notwithstanding any other rights or remedies Landlord may maintain with respect to such failure to remove Tenant’s property. All such work to be performed by Tenant addition shall be made in a good and workmanlike manner and in accordance with all applicable codespermits and all Applicable Laws. (e) During the period of initial construction of the Improvements or the construction of any change, lawsalteration or addition in, rules to or regulations of, the Improvements, new construction or any restoration, Tenant shall comply with the insurance requirements set forth in Article VIII, which policy or policies by endorsement thereto, if not then covered, shall also insure any change, alteration or addition or new construction, including all materials and equipment incorporated in, on or about the Improvements or the Property. (f) Prior to commencement of any construction, change, alteration or repair Tenant shall deliver to City no later than ten (10) business days written notice of the proposed work and a general description of the proposed work. Such work shall not proceed until City has approved in writing: (i) Tenant’s contractor; (ii) The amount and coverage of public liability and property damage insurance, with City named as an additional insured; (iii) Complete and detailed plans and specifications, and Landlord shall have specifications for such work; and (iv) A schedule for the right at any time during the pendency of such work to inspect the Premises and the manner of construction. Any mechanics lien filed at any time against the Premises, for work claimed to have been performed or for materials claimed to have been furnished to Tenant or Tenant’s contractors or subcontractors, shall be discharged by Tenant within thirty (30) days after filing by bonding, payment or as otherwise provided for herein. Landlord agrees that it will not unreasonably withhold or delay its consent with respect to alterations or improvements proposed by Tenant. As to any alteration to which Landlord has consented, Landlord shall not have the right to require the removal of the alteration or restoration of the Premises unless such removal or restoration was made an express condition of Landlord's consentwork.

Changes and Alterations. Section 10.01. Landlord During the Term of this Agreement, the Tenant shall not make any changeschange, modifications alteration or alterations addition to the improvements Property, existing on the Premises at the Commencement Date. A. Tenant may, without Landlord’s consent, make non-structural alterations or improvements to the Premises, the cost of which in each instance does not exceed $100,000.00. No other alterations, improvements or changes (i.e. nonstructural repairs, alterations or improvements the cost of which exceeds $100,000.00property, or structural repairs, natural features of the Property (the “Improvements”) that would materially alter the function or appearance of the Property without the prior written consent of the City. All alterations or improvements) including any initial alterations to be performed by Tenant in order to make the premises ready for occupancy, and additions shall be made without Landlordat the Tenant’s prior written consentsole cost and expense and shall comply with all of the following: (a) The Improvements may not materially impair the value or structural integrity of the Property. (b) No Improvements may be undertaken until the Tenant has obtained all required permits and authorizations of any federal, which consent shall state or local government or departments or subdivisions of any of them, having jurisdiction including, but not be unreasonably withheld or delayedlimited to, approval from the State Lands Commission (collectively, the “Entitlements”). All buildings, improvements, alterations and replacementsThe Parties agree that this Agreement will have no bearing on the City’s consideration of the Tenant’s application(s) for the Entitlements, and that the City reserves its full discretion to the extent allowed by Applicable Laws with regard to the application(s) for the Entitlements, including the right to deny the application(s), if allowed by Applicable Laws. (c) The Improvements must be made in a good and workmanlike manner and in accordance with all building service equipment made applicable permits and all Applicable Laws. (d) During the construction of any Improvements in, to or installed by of, the Property, or on behalf of Tenant shall immediatelythe permitted demolition or new construction or any restoration, upon completion or installation thereof, be and become the property of Landlord. All trade fixtures, moveable partitions, furniture and furnishings installed at the expense of the Tenant shall remain comply with the property insurance requirements set forth in Section 9.2, which policy or policies by endorsement thereto, if not then covered, shall also insure any change, alteration or addition or new construction, including all materials and equipment incorporated in, on or about the Property. (e) Prior to approval of any construction, change, alteration or repair, the Tenant shall deliver to the City not later than One Hundred Eighty (180) days written notice of the proposed work, a general description of the proposed work and Tenant may remove sufficient information to permit the same or any part thereof during City sufficient time to review such request and to amend the Term of this Lease, or Trust Plan if the term shall end City deems such amendment necessary prior to the date herein specifically fixed for such termination, then within a reasonable time thereafter, but Tenant shall at its expense, repair any and all damage to the Premises resulting from or caused by such removal. Title to any property which Tenant elects not to remove or which is abandoned by Tenant shall, at the end of the term, vest in Landlord notwithstanding any other rights or remedies Landlord may maintain with respect to such failure to remove Tenant’s property. All such work to be performed by Tenant shall be in accordance with applicable codes, laws, rules or regulations and the approved plans and specifications, and Landlord shall have the right at any time during the pendency approval of such work to inspect Improvements by the Premises and the manner of construction. Any mechanics lien filed at any time against the Premises, for work claimed to have been performed or for materials claimed to have been furnished to Tenant or Tenant’s contractors or subcontractors, shall be discharged by Tenant within thirty (30) days after filing by bonding, payment or as otherwise provided for herein. Landlord agrees that it will not unreasonably withhold or delay its consent with respect to alterations or improvements proposed by Tenant. As to any alteration to which Landlord has consented, Landlord shall not have the right to require the removal of the alteration or restoration of the Premises unless such removal or restoration was made an express condition of Landlord's consentState Lands Commission.

Changes and Alterations. Section 10.01. Landlord 9.01 Except as hereinafter provided, Tenant shall not not, ------------ without Landlord's prior written consent, make any changes, modifications or alterations to the improvements existing on the Premises at the Commencement Date. A. Tenant may, without Landlord’s consent, make non-structural alterations or improvements to the Premises, the cost of which in each instance does not exceed $100,000.00. No other alterations, improvements or changes (i.e. nonstructural repairs, alterations additions to the Demised Premises or improvements the cost of which exceeds $100,000.00, or structural repairs, alterations or improvements) including any initial alterations to be performed by Tenant in order to make the premises ready for occupancy, shall be made without Landlord’s prior written consent, which consent portion thereof. Provided that there shall not be unreasonably withheld or delayed. All buildingsthen exist any Event of Default (as hereinafter defined) hereunder, improvements, alterations and replacements, and all building service equipment made or installed by or on behalf of Tenant shall immediately, upon completion or installation thereof, be and become the property of Landlord. All trade fixtures, moveable partitions, furniture and furnishings installed at the expense of the Tenant shall remain the property of Tenant and Tenant may remove the same or any part thereof during the Term of this Lease, or if the term shall end prior to the date herein specifically fixed for such termination, then within a reasonable time thereafter, but Tenant shall at its expense, repair any and all damage to the Premises resulting from or caused by such removal. Title to any property which Tenant elects not to remove or which is abandoned by Tenant shall, at the end of the term, vest in Landlord notwithstanding any other rights or remedies Landlord may maintain with respect to such failure to remove Tenant’s property. All such work to be performed by Tenant shall be in accordance with applicable codes, laws, rules or regulations and the approved plans and specifications, and Landlord shall have the right at any time and from time to time during the pendency term of such work this Lease to inspect make, at its sole cost and expense, interior, non-structural changes and alterations in or to the Premises and the manner of construction. Any mechanics lien filed at any time against the Demised Premises, for work claimed subject, however, in all cases to have been performed the following (except to the extent that compliance with the following would prevent or for materials claimed interfere with the performance of Tenant's obligations under Section 8.01 hereof): (a) no change or alteration of any kind shall be made which would tend to have been furnished reduce or impair the value, rental, rental value, gross sales, rentability, structural strength or usefulness of the Property or any part thereof (any dispute in connection therewith to Tenant be determined by arbitration); (b) no change or Tenant’s contractors alteration of any kind shall be made which would give to any owner, lessee or subcontractorsoccupant of any other property or to any other person or corporation any easement, right-of-way or any other right over the Property or any part thereof; (c) no change or alteration affecting the roof of the Building or any portion thereof, shall be discharged made without Landlord's prior written consent; (d) no change or alteration involving an estimated cost of more than $25,000 shall be made without the prior consent of Landlord and the prior consent of any mortgagee of the fee interest in the Property, if any, if required by the applicable mortgage; (e) no change or alteration affecting the roof of the Building, or any portion thereof, shall be performed by any person or entity (a "Contractor") unless said Contractor shall have been first approved by Landlord ---------- in writing and the contract pursuant to which said Contractor is to perform such work shall have first been approved by Landlord in writing; (f) no change or alteration shall be undertaken until, to the extent required by applicable laws, rules, ordinances or regulations, all plans and specifications shall be filed with and approved by all municipal departments and governmental subdivisions having jurisdiction and Tenant shall have procured and paid for, so far as the same may be required from time to time, all permits and authorizations of all municipal departments and governmental subdivisions having jurisdiction and Landlord shall join in the application for such permits or authorizations whenever such joinder is necessary, but without any liability or expense to Landlord; (g) any change or alteration involving in the aggregate an estimated cost of more than $25,000 shall be conducted under the supervision of an architect or engineer selected and paid for by Tenant within thirty and approved in writing by Landlord, and no such change or alteration shall be made except in accordance with detailed plans and specifications and cost estimates prepared and approved by such architect or engineer and by Landlord; (30h) days after filing any change or alteration shall be made promptly and in good and workmanlike manner and in compliance with all applicable permits and authorizations and building and zoning laws and with all other laws, ordinances, orders, rules, regulations and requirements of all federal, state and municipal governments, departments, commissions, boards and officers, any national or local Board of Fire Underwriters, or any other body hereafter exercising functions similar to those of any of the foregoing, and the consent of the holder of each fee mortgage shall be obtained if required under the terms of any such mortgage; (i) before the commencement of any work Tenant shall (i) pay the increase in any insurance premiums caused by bonding, payment or as otherwise provided for herein. Landlord agrees that it will not unreasonably withhold or delay its consent the work and worker's compensation insurance covering all persons employed in connection with the work and with respect to alterations whom death or improvements proposed bodily injury claims could be asserted against Landlord, Tenant or the Property, and (ii) in the case of any change, alteration, demolition or reconstruction having an estimated cost of $25,000 or more, purchase builder's risk insurance, which shall be maintained or caused to be maintained by Tenant at Tenant's sole cost and expense at all times when any work is in progress in connection with any such change, alteration, demolition or reconstruction and all such insurance shall be in a company or companies of recognized responsibility approved by Landlord and shall meet the requirements of Article 5 hereof, and all policies or certificates therefor issued by the respective insurers, bearing notations evidencing the payment of premiums or accompanied by other evidence satisfactory to Landlord of such payment, shall be delivered to Landlord; (j) if the estimated cost of any such change or alteration shall be in excess of $50,000, Tenant, before commencing any work, at Tenant's sole cost and expense, shall furnish to Landlord a surety company performance and payment bond, issued by a surety company acceptable to Landlord, in an amount at least equal to the estimated cost of such change, alteration, demolition and reconstruction, guaranteeing the completion thereof within a reasonable time, free and clear of all liens, encumbrances, chattel mortgages, security agreements, financing statements, conditional bills of sale and other charges, and in accordance with the plans and specifications approved by Landlord or, in lieu of such performance and payment bond, other security satisfactory to Landlord; (k) if the estimated cost of such a change or alteration shall be in excess of $25,000, Tenant shall pay to Landlord the reasonable fees and expenses of any architect or engineer selected by Landlord to review the plans and specifications and inspect the work on behalf of Landlord; (l) the Property shall at all times be free of liens, encumbrances, chattel mortgages, security agreements, financing statements and conditional bills of sale, for labor and materials supplied to the Property; and (m) all work shall be done in accordance with the provisions of any mortgage on the fee interest in the Property to the extent provided by Landlord to Tenant. As In no event shall Tenant be entitled to any alteration to which Landlord has consentedabatement, Landlord shall not have the right to require the removal allowance, reduction or suspension of the alteration Rent, Impositions, additional rent and other charges by reason of such changes or restoration alterations, nor shall Tenant be released of or from any other obligations imposed upon Tenant under this Lease. Section 9.02 The floor area of the Premises unless Building as changed or altered ------------ shall be equal to or greater than the floor area of the Building immediately prior to such removal change or restoration was made alteration, and such Building shall be located on the Land only and shall constitute an express condition independent building having a value of not less than the Building theretofore located on the Property. Any dispute under this Section shall be determined by arbitration. Title to such Building as changed or altered, together with associated fixtures and personal property, shall immediately upon affixation vest in Landlord, without payment therefor by Landlord, subject to Tenant's consentrights under this Lease.

Changes and Alterations. Section 10.01. Landlord Tenant shall not make any changes, modifications changes or alterations to the improvements existing on the Demised Premises at the Commencement DateOccupancy Date except in accordance with this Article. A. Tenant maySection 10.02. All changes, without Landlord’s consentalterations, make demolition or new construction, structural or otherwise, to the Building other than decorations, painting and other non-structural alterations or improvements to the Premises, the cost of which in each instance does not exceed activities aggregating less than $100,000.00. No other alterations, improvements or changes (i.e. nonstructural repairs, alterations or improvements the cost of which exceeds $100,000.00, or structural repairs, alterations or improvements) including any initial alterations to be performed by Tenant in order to make the premises ready for occupancy, 35,000 shall be made without subject to Landlord’s 's prior written consent, which consent shall not be unreasonably withheld or delayed. All buildingschanges, improvementsalterations, demolition, or new construction (collectively "changes or alterations") shall be made in all cases subject to the following conditions: A. No changes or alterations shall be undertaken until Tenant shall have procured and replacementspaid for, so far as the same may be required from time to time, all municipal and other governmental permits and authorizations of the various municipal departments and governmental subdivisions having jurisdiction. Landlord shall, at Tenant's sole cost and expense, except as otherwise provided herein, join in the application for such permits or authorizations whenever such action is necessary. B. Any structural changes or alterations, or any changes or alterations undertaken as a single project and involving an estimated cost aggregating more than five (5%) percent of the then full insurable value of the Building (other than decorations, painting and other non-structural activities aggregating less than $35,000), shall be conducted under the supervision of an architect or engineer licensed as such in the State (who may be an employee of Tenant or its managing agent) selected by Tenant, and no such work shall be undertaken until preliminary plans and outline specifications and budget estimates therefor, prepared and approved in writing by such architect or engineer stating that in the opinion of such architect or engineer, the same shall comply with this Article, shall have been submitted to Landlord. C. All changes or alterations shall be of such a character that, when completed, the economic value of the Building shall be not less than the value of the Building immediately prior to any such changes or alterations. D. All work done in connection with any changes or alterations shall be done in a good and workmanlike manner and in compliance with applicable building and zoning laws and all building service equipment other applicable laws, ordinances, orders and requirements of all federal, state, and municipal governments and the appropriate departments, commissions, boards, and officers thereof; the Demised Premises shall at all times be free of liens for labor and materials supplied or claims to have been supplied, and Tenant shall obtain lien waivers from all contractors upon the completion of their activities at the Premises; and the work shall be prosecuted with reasonable dispatch, unavoidable delays excepted. E. Worker's compensation insurance covering all persons employed in connection therewith and with respect to whom death or bodily injury claims could be asserted against Landlord, Tenant, or the Demised Premises and general liability and property damage insurance (which may be effected by endorsement, if obtainable, on the insurance required to be carried pursuant to Article 4 for the mutual benefit of Landlord and Tenant with limits of not less than those required to be carried pursuant to Section 4.07A shall be maintained by Tenant at all times when any work is in process in connection with any changes or alterations. F. No changes or alterations undertaken as a single project and involving an estimated cost aggregating more than five (5%) percent of the then full insurable value of the Building shall be undertaken until Tenant shall have furnished to Landlord, (i) cash, (ii) a completion bond issued by a bonding company reasonably satisfactory to the Landlord, or (iii) such other security reasonably acceptable to the Landlord, in each case in an amount at least equal to the estimated cost of such changes or alterations. Section 10.03. In performing any work or repairs to, or restoration, replacement, or rebuilding of, the Building required to be performed by Tenant pursuant to the terms of this Lease, Tenant shall observe and perform, in so far as the nature of such repairs, restoration, replacement, or rebuilding make such observance and performance appropriate, the conditions relating to changes or alterations set forth in this Article. Section 10.04. Prior to submitting to the appropriate governmental agency any plans and drawings for Governmental Approvals, Tenant shall submit to Landlord said plans and drawings ("Proposed Specifications"). Landlord shall have a period of fifteen (15) days either to approve or to disapprove the Proposed Specifications, any such approval not unreasonably to be withheld or delayed. If Landlord does not approve the Proposed Specifications, Landlord shall return the Proposed Specifications to Tenant and notify Tenant of any reasonable changes it desires to the Proposed Specifications. In that event, Tenant shall modify the Proposed Specifications in accordance with Landlord's requirements and shall return them as modified to Landlord within the following ten (10) days. All changes to the Proposed Specifications, whether required by any governmental agency having jurisdiction over the Demised Premises or as otherwise made during the term of this Lease, shall also be submitted to Landlord for its review and approval as provided hereinabove. Section 10.05. Promptly upon the completion of all alterations, additions, changes or installed improvements performed by Tenant at the Demised Premises, Tenant shall deliver to Landlord a Certificate of Occupancy, the Certificate of Fire Underwriters and all other certificates and approvals of any other appropriate governmental or supervisory agency having jurisdiction thereof, certifying the proper completion of such work in accordance with all applicable laws, rules and regulations. In addition, upon completion of any and all such work Tenant shall promptly deliver to Landlord a set of "as built" plans and specifications. Section 10.06. All permanent installations affixed to the Demised Premises at any time, either by Tenant or by Landlord on behalf of Tenant shall immediatelyTenant, shall, upon completion or installation thereofinstallation, be and become the property of Landlord and shall remain upon and be surrendered with the Demised Premises unless Landlord, by written notice to Tenant no later than twenty (20) days prior to the Expiration Date, elects to have them removed by Tenant, in which event the same shall be removed by Tenant at Tenant's expense prior to the Expiration Date. All Nothing in this Article shall be construed to give Landlord title to or prevent Tenant's removal of trade fixtures, moveable partitions, office furniture and furnishings installed at equipment, but upon removal of any such equipment from the expense Demised Premises or upon removal of the other installations as may be required by Landlord, Tenant shall remain the property of Tenant immediately and Tenant may remove the same or any part thereof during the Term of this Lease, or if the term shall end prior to the date herein specifically fixed for such termination, then within a reasonable time thereafter, but Tenant shall at its expense, repair and restore the Demised Premises to the condition existing prior to such installation and shall repair any and all damage to the Demised Premises resulting from or caused by the Building due to such removal. Section 10.07. Title Tenant shall pay to any property which Tenant elects not to remove or which is abandoned by Tenant shallLandlord on demand, at the end as additional rent, a supervisory fee of 10% of the termcost of any alterations, vest in Landlord notwithstanding any additions, changes or improvements made to the Demised Premises other rights or remedies Landlord may maintain with respect to such failure to remove Tenant’s propertythan decorations, painting and other non-structural activities aggregating less than $35,000. All such work to be performed by Tenant shall be in accordance with applicable codes, laws, rules or regulations and the approved also pay to Landlord Landlord's cost for reviewing any plans and specifications, and Landlord shall have the right at any time during the pendency of such work to inspect the Premises and the manner of construction. Any mechanics lien filed at any time against the Premises, for work claimed to have been performed or for materials claimed to have been furnished to Tenant or Tenant’s contractors or subcontractors, shall be discharged by Tenant within thirty (30) days after filing by bonding, payment or as otherwise provided for herein. Landlord agrees that it will not unreasonably withhold or delay its consent with respect to alterations or improvements proposed submitted by Tenant. As to any alteration to which Landlord has consented, Landlord shall not have the right to require the removal of the alteration or restoration of the Premises unless such removal or restoration was made an express condition of Landlord's consent.

Changes and Alterations. Section 10.01. Landlord Tenant shall not make have the right, at any changes, modifications or alterations time and from time to the improvements existing on the Premises at the Commencement Date. A. Tenant maytime, without the consent of Landlord’s consent, to make non-structural alterations alterations, improvements, additions, changes or improvements to repairs which are nonstructural and which do not affect any of the Premisesbuilding systems, provided the total cost of which in each instance does not exceed such improvements shall be less than $100,000.00. No Tenant shall have the right, at any time and from time to time, to make other changes and alterations, improvements structural or changes otherwise, to the Premises as Tenant shall deem necessary or desirable so long as Landlord's and the existing (i.e. nonstructural repairs, alterations or improvements as of the cost of which exceeds $100,000.00, or structural repairs, alterations or improvementsdate hereof) including any initial alterations to be performed by Tenant in order to make the premises ready for occupancy, shall be made without Landlord’s prior written consentFee Mortgagee's consent is first obtained, which consent shall not be unreasonably withheld or delayed. (All buildings, improvements, alterations and replacements, and all building service equipment made improvements described in this Section 10.01 are hereinafter referred to as "Changes or installed by Alterations"). Changes or on behalf of Alterations shall comply with the following conditions: A. no Changes or Alterations shall be undertaken until Tenant shall immediatelyhave procured and paid for, upon completion or installation thereofso far as the same may be required from time to time, be all municipal and become the property of Landlord. All trade fixtures, moveable partitions, furniture other governmental permits and furnishings installed at the expense authorizations of the Tenant shall remain the property of Tenant various municipal departments and Tenant may remove the same or any part thereof during the Term of this Lease, or if the term shall end prior to the date herein specifically fixed for such termination, then within a reasonable time thereafter, but Tenant shall at its expense, repair any and all damage to the Premises resulting from or caused by such removal. Title to any property which Tenant elects not to remove or which is abandoned by Tenant shall, at the end of the term, vest in Landlord notwithstanding any other rights or remedies Landlord may maintain with respect to such failure to remove Tenant’s property. All such work to be performed by Tenant shall be in accordance with applicable codes, laws, rules or regulations and the approved plans and specificationsgovernmental subdivisions having jurisdiction, and Landlord shall have join in the application for such permits or authorizations whenever such action is necessary; B. all Changes and Alterations shall be of such a character that, when completed, (1) the value of the Premises shall be not less than the value of the Premises immediately before any such Changes and Alterations, and (2) the right and ability to operate on the Premises at any time during least the pendency same number of nursing home beds as were licensed for the Premises immediately prior to the making of such improvements shall not be diminished; C. all work to inspect shall be done in a good and workmanlike manner and in compliance with applicable building and zoning laws and with all other applicable laws, ordinances, orders and requirements of all federal, state and municipal governments and the appropriate departments, commissions, boards, regulatory authorities and officers thereof; Tenant shall pay the cost of any work in cash or its equivalent, so that the Premises shall at all times be free of liens for labor and the manner of construction. Any mechanics lien filed at any time against the Premises, for work materials supplied or claimed to have been performed or for materials claimed to have been furnished to Tenant or Tenant’s contractors or subcontractors, supplied; and all work shall be discharged by Tenant within thirty (30) days after filing by bondingprosecuted with reasonable dispatch, payment or as otherwise provided for herein. Landlord agrees that it will not unreasonably withhold or delay its consent unavoidable delays excepted; and D. workmen's compensation insurance covering all persons employed in connection therewith and with respect to alterations whom death or improvements proposed by Tenant. As to any alteration to which Landlord has consentedbodily injury claims could be asserted against Landlord, Landlord shall not have the right to require the removal of the alteration Tenant or restoration of the Premises unless such removal or restoration was made an express condition and general liability and property damage insurance (including, without limitation, insurance commonly referred to as "builder's risk" insurance if applicable) any of Landlord's consentwhich may be effected by endorsement on the insurance required to be carried pursuant to Article 4 for the mutual benefit of Landlord and Tenant with limits of not less than those required to be carried pursuant to Article 4 shall be maintained by Tenant at all times when any work is in process.

Changes and Alterations. Section 10.01. Landlord During the Term of this Lease, the Tenant shall not make any changes, modifications alteration or alterations addition to the improvements existing on Premises (collectively, the “Improvements”) that would materially alter the function or exterior appearance of the Premises at without the Commencement Date. A. Tenant may, without prior written consent of the Landlord’s consent, make non-structural . All alterations or improvements to the Premises, the cost of which in each instance does not exceed $100,000.00. No other alterations, improvements or changes (i.e. nonstructural repairs, alterations or improvements the cost of which exceeds $100,000.00, or structural repairs, alterations or improvements) including any initial alterations to be performed by Tenant in order to make the premises ready for occupancy, and additions shall be made without Landlord’s prior written consentat the sole cost and expense of the Tenant and shall comply with all of the following: (a) The change or alteration shall not materially impair the value or structural integrity of the Improvements. (b) The change or alteration shall be for a use which is permitted hereunder. (c) No change, alteration or addition shall be undertaken until Tenant shall have obtained and paid for, so far as the same may be required from time to time, all required permits and authorizations of any federal, state or local government or departments or subdivisions of any of them, having jurisdiction. (d) Any change, alteration or addition shall be made in a good and workmanlike manner and in accordance with all applicable permits and all Applicable Laws. (e) During the period of initial construction of the Improvements or the construction of any change, alteration or addition in, to or of, the Improvements, new construction or any restoration, City shall comply with the insurance requirements set forth in Article VIII, which consent policy or policies by endorsement thereto, if not then covered, shall also insure any change, alteration or addition or new construction, including all materials and equipment incorporated in, on or about the Improvements or the Property (f) Prior to commencement of any construction, change, alteration or repair Tenant shall deliver to City not later than ten (10) business days written notice of the proposed work and a general description of the proposed work. Such work shall not proceed until Landlord has approved (which approval shall not be unreasonably withheld or delayed. All buildings, improvements, alterations and replacements, and all building service equipment made or installed by or on behalf of Tenant shall immediately, upon completion or installation thereof, be and become the property of Landlord. All trade fixtures, moveable partitions, furniture and furnishings installed at the expense of the Tenant shall remain the property of Tenant and Tenant may remove the same or any part thereof during the Term of this Lease, or if the term shall end prior to the date herein specifically fixed for such termination, then within a reasonable time thereafter, but Tenant shall at its expense, repair any and all damage to the Premises resulting from or caused by such removal. Title to any property which Tenant elects not to remove or which is abandoned by Tenant shall, at the end of the term, vest ) in Landlord notwithstanding any other rights or remedies Landlord may maintain with respect to such failure to remove writing: (i) Tenant’s property. All contractor; (ii) The amount and coverage of public liability and property damage insurance, with Landlord named as an additional insured, carried by the Tenant’s contractor; such work to be performed by Tenant shall be in accordance with applicable codeswork, laws, rules or regulations and; (iii) Complete and the approved detailed plans and specifications, and Landlord shall have specifications for (iv) A schedule for the right at any time during the pendency of such work to inspect the Premises and the manner of construction. Any mechanics lien filed at any time against the Premises, for work claimed to have been performed or for materials claimed to have been furnished to Tenant or Tenant’s contractors or subcontractors, shall be discharged by Tenant within thirty (30) days after filing by bonding, payment or as otherwise provided for herein. Landlord agrees that it will not unreasonably withhold or delay its consent with respect to alterations or improvements proposed by Tenant. As to any alteration to which Landlord has consented, Landlord shall not have the right to require the removal of the alteration or restoration of the Premises unless such removal or restoration was made an express condition of Landlord's consentwork.