Construction of Alterations and Additions to the Leased Properties. Lessee shall not make or permit to be made any alterations, improvements or additions of or to any Leased Property or any part thereof, unless and until Lessee has obtained Lessor’s written approval thereof if and as required pursuant to the terms of this Article X, which approval shall not be unreasonably withheld, and, if and as required by the terms of a Facility Mortgage, the approval of the Facility Mortgagee. Routine landscaping, painting, floor and wallcovering replacements shall not be deemed to be alterations within the meaning of this Article X. 10.1.1 Without the prior written consent of Lessor, Lessee shall not make any structural alterations to any Leased Property (other than replacement with the same materials in the same configuration) the cost of which in any period of twelve (12) consecutive months exceeds Fifty Thousand Dollars ($50,000), including, without limitation, any alterations to the roof, exterior and other load-bearing walls, windows and foundation of such Leased Property. 10.1.2 Without the prior written consent of Lessor, Lessee shall not make any non-structural alterations to any Leased Property (other than replacement with the same materials in the same configuration) the cost of which in any period of twelve (12) consecutive months exceeds the Self Administered Amount. 10.1.3 As to any proposed alterations that do not require the approval of Lessor, before commencing the proposed alterations Lessee shall give Lessor at least fifteen (15) Business Days’ Notice, and, in the case of structural alterations not requiring the approval of Lessor, Lessee shall deliver a copy of the plans and specifications therefor to Lessor within thirty (30) days after the commencement of such alterations. 10.1.4 If the approval of Lessor of a proposed structural alteration is required, at least thirty (30) days prior to the date upon which Lessee wishes to commence construction of such alteration, Lessee shall cause a copy of the plans and specifications therefor, prepared at Lessee’s expense by a licensed architect, to be submitted to Lessor and, if and as required by a Facility Mortgage, to the Facility Mortgagee. Lessor’s approval shall not be unreasonably withheld or delayed. 10.1.5 If a required approval is granted, Lessee shall cause the work described in the approved plans and specifications to be performed at its expense, promptly and in a first class workmanlike manner, by a licensed general contractor and in compliance with all applicable Insurance Requirements and Legal Requirements and the standards herein. Each alteration, alone or in conjunction with each affected portion of any Leased Property, shall constitute a complete architectural unit in keeping with the character of such Leased Property and the area in which such Leased Property is located, and shall not diminish the value of such Leased Property or change the Primary Intended Use of such Leased Property. Each and every such alteration shall immediately become a part of any Leased Property and shall belong to Lessor subject to the terms and conditions of this Master Lease. Lessee shall have no claim against Lessor at any time in respect of the cost or value of any such alteration. All materials which are scrapped or removed in connection with the making of such alteration shall be the property of Lessee. There shall be no adjustment in the Base Rent by reason of any such alteration. 10.1.6 In connection with any alteration which involves the removal, demolition or disturbance of any asbestos-containing material, Lessee shall cause to be prepared at its expense a full asbestos assessment applicable to such alteration, and shall carry out such asbestos monitoring and maintenance program as shall reasonably be required thereafter in light of the results of such assessment.
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Samples: Master Lease Agreement (Omega Healthcare Investors Inc), Master Lease Agreement (Sun Healthcare Group Inc), Master Lease Agreement (Omega Healthcare Investors Inc)
Construction of Alterations and Additions to the Leased Properties. Lessee shall not make or permit to be made any alterations, improvements or additions of or to any Leased Property or any part thereof, unless and until Lessee has obtained Lessor’s 's written approval thereof if and as required pursuant to the terms of this Article X, which approval shall not be unreasonably withheld, and, if and as required by the terms of a Facility Mortgage, the approval of the Facility Mortgagee. Routine landscaping, painting, floor and wallcovering replacements shall not be deemed to be alterations within the meaning of this Article X.
10.1.1 Without the prior written consent of Lessor, Lessee shall not make any structural alterations to any Leased Property (other than replacement with the same materials in the same configuration) the cost of which in any period of twelve (12) consecutive months exceeds Fifty Thousand Dollars ($50,000), including, without limitation, any alterations to the roof, exterior and other load-bearing walls, windows and foundation of such Leased Property.
10.1.2 Without the prior written consent of Lessor, Lessee shall not make any non-structural alterations to any Leased Property (other than replacement with the same materials in the same configuration) the cost of which in any period of twelve (12) consecutive months exceeds the Self Administered Amount.
10.1.3 As to any proposed alterations that do not require the approval of Lessor, before commencing the proposed alterations Lessee shall give Lessor at least fifteen (15) Business Days’ ' Notice, and, in the case of structural alterations not requiring the approval of Lessor, Lessee shall deliver a copy of the plans and specifications therefor to Lessor within thirty (30) days after the commencement of such alterations.
10.1.4 If the approval of Lessor of a proposed structural alteration is required, at least thirty (30) days prior to the date upon which Lessee wishes to commence construction of such alteration, Lessee shall cause a copy of the plans and specifications therefor, prepared at Lessee’s 's expense by a licensed architect, to be submitted to Lessor and, if and as required by a Facility Mortgage, to the Facility Mortgagee. Lessor’s 's approval shall not be unreasonably withheld or delayed.
10.1.5 If a required approval is granted, Lessee shall cause the work described in the approved plans and specifications to be performed at its expense, promptly and in a first class workmanlike manner, by a licensed general contractor and in compliance with all applicable Insurance Requirements and Legal Requirements and the standards herein. Each alteration, alone or in conjunction with each affected portion of any Leased Property, shall constitute a complete architectural unit in keeping with the character of such Leased Property and the area in which such Leased Property is located, and shall not diminish the value of such Leased Property or change the Primary Intended Use of such Leased Property. Each and every such alteration shall immediately become a part of any Leased Property and shall belong to Lessor subject to the terms and conditions of this Master Lease. Lessee shall have no claim against Lessor at any time in respect of the cost or value of any such alteration. All materials which are scrapped or removed in connection with the making of such alteration shall be the property of Lessee. There shall be no adjustment in the Base Rent by reason of any such alteration.
10.1.6 In connection with any alteration which involves the removal, demolition or disturbance of any asbestos-containing material, Lessee shall cause to be prepared at its expense a full asbestos assessment applicable to such alteration, and shall carry out such asbestos monitoring and maintenance program as shall reasonably be required thereafter in light of the results of such assessment.
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Construction of Alterations and Additions to the Leased Properties. 10.1.1 Lessee shall not (a) make or permit to be made any structural alterations, improvements or additions of or to any the Leased Property Properties or any part thereof, or (b) materially alter the plumbing, HVAC or electrical systems thereon or (c) make any other alterations, improvements or additions the cost of which exceeds (i) One Hundred Thousand ($100,000.00) Dollars per alteration, improvement or addition, or (ii) One Hundred Thousand ($100,000.00) Dollars at a given Facility in any Lease Year, unless and until Lessee has (x) caused complete plans and specifications therefor to have been prepared and submitted to Lessor at least thirty (30) days before the planned start of construction thereof, (y) obtained Lessor’s written approval thereof if and as required pursuant to the terms of this Article X, which approval shall not be unreasonably withheld, and, if and as required by the terms of a Facility Mortgage, the approval of the any Facility Mortgagee. Routine landscapingMortgagee and (z), painting, floor and wallcovering replacements shall not be deemed if required to be alterations within the meaning of this Article X.
10.1.1 Without the prior written consent of do so by Lessor, Lessee provided Lessor with reasonable assurance of the payment of the cost of any such alterations, improvements or additions, in the form of a bond, letter of credit, cash deposit or adequate evidence of financing for the alteration, improvement or addition. If Lessor requires a deposit, Lessor shall not make any structural alterations to any Leased Property (other than replacement with retain and disburse the same materials amount deposited in the same configuration) manner as is provided for insurance proceeds in Section 14.6. If the cost deposit is reasonably determined by Lessor at any time to be insufficient for the completion of which in any period of twelve (12) consecutive months exceeds Fifty Thousand Dollars ($50,000)the alteration, includingimprovement or addition, without limitation, any alterations Lessee immediately shall increase the deposit to the roof, exterior and other load-bearing walls, windows and foundation amount reasonably required by Lessor. Lessee shall be responsible for the completion of such Leased Propertyimprovements in accordance with the plans and specifications approved by Lessor, and promptly shall correct any failure with respect thereto.
10.1.2 Without Alterations and improvements not falling within the categories described in the first sentence of Section 10.1.1 may be made by Lessee without the prior written consent of Lessor, Lessee shall not make any non-structural alterations to any Leased Property (other than replacement with the same materials in the same configuration) the cost of which in any period of twelve (12) consecutive months exceeds the Self Administered Amount.
10.1.3 As to any proposed alterations that do not require the approval of Lessor, before commencing the proposed alterations but Lessee shall give Lessor at least fifteen (15) Business Days’ Notice, and, in the case of structural alterations not requiring the approval of Lessor, Lessee shall deliver a copy of the plans and specifications therefor to Lessor within thirty (30) days after the commencement of such alterations.
10.1.4 If the approval of Lessor of a proposed structural alteration is required, at least thirty (30) days prior to the date upon which Lessee wishes to commence construction written Notice of any such alteration, Lessee shall cause a copy of the plans alterations and specifications therefor, prepared at Lessee’s expense by a licensed architect, to be submitted to Lessor and, if and as required by a Facility Mortgage, to the Facility Mortgagee. Lessor’s approval shall not be unreasonably withheld or delayedimprovements.
10.1.5 If a required approval is granted10.1.3 All alterations, Lessee improvements and additions shall cause the work described in the approved plans and specifications to (a) be performed at its expense, promptly and constructed in a first class workmanlike class, workmanlike, manner, by a licensed general contractor and in compliance with all applicable Insurance Requirements and Legal Requirements and the standards herein. Each alterationRequirements, alone or in conjunction with each affected portion of any Leased Property, shall constitute a complete architectural unit (b) be in keeping with the character of such the Leased Property Properties and the area in which such the Leased Property in question is located, located and shall not diminish (c) be designed and constructed so that the value of such the Leased Property or change Properties will not be diminished and the Primary Intended Use of such the Leased PropertyProperties will not be changed. Each All improvements, alterations and every such alteration additions immediately shall immediately become a part of any the Leased Property and shall belong to Lessor subject to the terms and conditions of this Master Lease. Properties.
10.1.4 Lessee shall have no claim against Lessor at any time in respect of the cost or value of any such alteration. All materials which are scrapped improvement, alteration or removed in connection with the making of such alteration shall be the property of Lesseeaddition. There shall be no adjustment in the Base Rent by reason of any such alterationimprovement, alteration or addition. With Lxxxxx’s consent, expenditures made by Lessee pursuant to this Article X may be included as capital expenditures for purposes of inclusion in the capital expenditures budget for the Facilities and for measuring compliance with the obligations of Lessee set forth in Section 8.3 of this Lease.
10.1.6 10.1.5 In connection with any alteration which that involves the removal, demolition or disturbance of any asbestos-containing material, Lessee shall cause to be prepared at its expense a full asbestos assessment applicable to such alteration, alteration and shall carry out such asbestos monitoring and maintenance program as reasonably shall reasonably be required thereafter in light of the results of such assessment.
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Construction of Alterations and Additions to the Leased Properties. 10.1.1 Lessee shall not (a) make or permit to be made any structural alterations, improvements or additions of or to any the Leased Property Properties or any part thereof, or (b) materially alter the plumbing, HVAC or electrical systems thereon or (c) make any other alterations, improvements or additions the cost of which exceeds (i) Fifty Thousand ($50,000.00) Dollars per alteration, improvement or addition, or (ii) One Hundred Fifty Thousand ($150,000.00) Dollars in any Lease Year, unless and until Lessee has (x) caused complete plans and specifications therefor to have been prepared by a licensed architect and submitted to Lessor at least sixty (60) Business Days before the planned start of construction thereof, (y) obtained Lessor’s written approval thereof if and as required pursuant to the terms of this Article X, which approval shall not be unreasonably withheld, and(z), if and as required to do so by Lessor, provided Lessor with reasonable assurance of the terms payment of the cost of any such alterations, improvements or additions, in the form of a Facility Mortgagebond, letter of credit or cash deposit. If Lessor requires a deposit, Lessor shall retain and disburse the approval of the Facility Mortgagee. Routine landscaping, painting, floor and wallcovering replacements shall not be deemed to be alterations within the meaning of this Article X.
10.1.1 Without the prior written consent of Lessor, Lessee shall not make any structural alterations to any Leased Property (other than replacement with the same materials amount deposited in the same configuration) manner as is provided for insurance proceeds in Section 14.6. If the cost deposit is reasonably determined by Lessor at any time to be insufficient for the completion of which in any period of twelve (12) consecutive months exceeds Fifty Thousand Dollars ($50,000)the alteration, includingimprovement or addition, without limitation, any alterations Lessee immediately shall increase the deposit to the roof, exterior and other load-bearing walls, windows and foundation amount reasonably required by Lessor. Lessee shall be responsible for the completion of such Leased Propertyimprovements in accordance with the plans and specifications approved by Lessor, and promptly shall correct any failure with respect thereto.
10.1.2 Without Alterations and improvements not falling within the categories described in the first sentence of Section 10.1.1 may be made by Lessee without the prior written consent of Lessor, Lessee shall not make any non-structural alterations to any Leased Property (other than replacement with the same materials in the same configuration) the cost of which in any period of twelve (12) consecutive months exceeds the Self Administered Amount.
10.1.3 As to any proposed alterations that do not require the approval of Lessor, before commencing the proposed alterations but Lessee shall give Lessor at least fifteen (15) Business Days’ Notice, and, in the case of structural alterations not requiring the approval of Lessor, Lessee shall deliver a copy of the plans and specifications therefor to Lessor within thirty (30) days after the commencement of such alterations.
10.1.4 If the approval of Lessor of a proposed structural alteration is required, at least thirty (30) days prior written Notice of any such alterations and improvements; provided, however, that no prior Notice shall be required with respect to alterations and improvements (other than Section 10.1.1 alterations or improvements) reasonably required for the date upon which Lessee wishes to commence construction of such alteration, Lessee shall cause a copy routine maintenance and repair of the plans and specifications therefor, prepared at Lessee’s expense by a licensed architect, to be submitted to Lessor and, if and as required by a Facility Mortgage, to the Facility Mortgagee. Lessor’s approval shall not be unreasonably withheld or delayedLeased Properties.
10.1.5 If a required approval is granted10.1.3 All alterations, Lessee improvements and additions shall cause the work described in the approved plans and specifications to (a) be performed at its expense, promptly and constructed in a first class workmanlike class, workmanlike, manner, by a licensed general contractor and in compliance with all applicable Insurance Requirements and Legal Requirements and the standards herein. Each alterationRequirements, alone or in conjunction with each affected portion of any Leased Property, shall constitute a complete architectural unit (b) be in keeping with the character of such the Leased Property Properties and the area in which such the Leased Property in question is located, located and shall not diminish (c) be designed and constructed so that the value of such the Leased Property or change Properties will not be diminished and the Primary Intended Use of such the Leased PropertyProperties will not be changed. Each All improvements, alterations and every such alteration additions immediately shall immediately become a part of any the Leased Property and shall belong to Lessor subject to the terms and conditions of this Master Lease. Properties.
10.1.4 Lessee shall have no claim against Lessor at any time in respect of the cost or value of any such alteration. All materials which are scrapped improvement, alteration or removed in connection with the making of such alteration shall be the property of Lesseeaddition. There shall be no adjustment in the Base Rent by reason of any such alterationimprovement, alteration or addition. With Xxxxxx’s consent, expenditures made by Lessee pursuant to this ARTICLE X may be included as capital expenditures for purposes of inclusion in the capital expenditures budget for the Facilities and for measuring compliance with the obligations of Lessee set forth in Section 8.4 of this Lease.
10.1.6 10.1.5 In connection with any alteration which that involves the removal, demolition or disturbance of any asbestos-containing material, Lessee shall cause to be prepared at its expense a full asbestos assessment applicable to such alteration, alteration and shall carry out such asbestos monitoring and maintenance program as reasonably shall reasonably be required thereafter in light of the results of such assessment.
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Construction of Alterations and Additions to the Leased Properties. Lessee 10.1.1 Tenant shall not (a) make or permit to be made any structural alterations, improvements or additions of or to the Leased Properties or any part thereof, or (b) materially alter the plumbing, HVAC or electrical systems thereon or (c) make any other alterations, improvements or additions to any Leased Property or any part thereof, the cost of which exceeds One Hundred Fifty Thousand Dollars ($150,000.00), unless and until Lessee Tenant has (a) caused complete plans and specifications therefor to have been prepared by a licensed architect (or licensed plumbing contractor or electrical contractor in the case of alterations to the plumbing, HVAC or electrical systems) and submitted to Landlord at least thirty (30) Business Days before the planned start of construction thereof, (b) obtained LessorLandlord’s written approval thereof if and as required pursuant to the terms approval of this Article Xany Facility Mortgagee, which approval shall not be unreasonably withheld, andconditioned or delayed, and if and as required no response has been received by the terms of a Facility Mortgage, the approval Tenant within thirty (30) Business Days after submission of the Facility Mortgagee. Routine landscaping, painting, floor plans and wallcovering replacements specifications for approval then such approval shall not be deemed to be alterations within have been given, and (c), if required to do so by Landlord, provide Landlord with reasonable assurance of the meaning payment of this Article X.
10.1.1 Without the prior written consent cost of Lessorany such alterations, Lessee improvements or additions, in the form of a bond, letter of credit or cash deposit. If Landlord requires a deposit, Landlord shall not make any structural alterations to any Leased Property (other than replacement with retain and disburse the same materials amount deposited in the same configuration) manner as is provided for insurance proceeds in Section 14.6. If the cost deposit is reasonably determined by Landlord at any time to be insufficient for the completion of which in any period of twelve (12) consecutive months exceeds Fifty Thousand Dollars ($50,000)the alteration, includingimprovement or addition, without limitation, any alterations Tenant shall immediately increase the deposit to the roof, exterior and other load-bearing walls, windows and foundation amount reasonably required by Landlord. Tenant shall be responsible for the completion of such Leased Propertyimprovements in accordance with the plans and specifications approved by Landlord, and shall promptly correct any failure with respect thereto.
10.1.2 Without Alterations and improvements not falling within the categories described in the first sentence of the preceding paragraph may be made by Tenant without the prior written consent of Lessor, Lessee shall not make any non-structural alterations to any Leased Property (other than replacement with the same materials in the same configuration) the cost of which in any period of twelve (12) consecutive months exceeds the Self Administered Amount.
10.1.3 As to any proposed alterations that do not require the approval of LessorLandlord, before commencing the proposed alterations Lessee but Tenant shall give Lessor Landlord at least fifteen (15) Business Days’ NoticeDays prior written Notice of any such alterations and improvements. A request for confidential treatment has been made with respect to portions of this document that are marked ‘[*****]’. The redacted portions have been filed separately with the SEC. 51 Master Lease (OHI - Diversicare) Derwent – 9.25.18
10.1.3 All alterations, and, in the case of structural alterations not requiring the approval of Lessor, Lessee improvements and additions shall deliver a copy of the plans and specifications therefor to Lessor within thirty (30) days after the commencement of such alterations.
10.1.4 If the approval of Lessor of a proposed structural alteration is required, at least thirty (30) days prior to the date upon which Lessee wishes to commence construction of such alteration, Lessee shall cause a copy of the plans and specifications therefor, prepared at Lessee’s expense by a licensed architect, to be submitted to Lessor and, if and as required by a Facility Mortgage, to the Facility Mortgagee. Lessor’s approval shall not be unreasonably withheld or delayed.
10.1.5 If a required approval is granted, Lessee shall cause the work described in the approved plans and specifications to be performed at its expense, promptly and constructed in a first class workmanlike class, workmanlike, manner, by a licensed general contractor and in compliance with all applicable Insurance Requirements and Legal Requirements and the standards herein. Each alterationRequirements, alone or in conjunction with each affected portion of any Leased Property, shall constitute a complete architectural unit be in keeping with the character of such the Leased Property Properties and the area in which such the Leased Property in question is located, located and shall not diminish be designed and constructed so that the value of such the Leased Property Properties will not be diminished or change and that the Primary Intended Use of such the Leased PropertyProperties will not be changed. Each All improvements, alterations and every such alteration additions shall immediately become a part of any the Leased Property and shall belong to Lessor subject to the terms and conditions of this Master Lease. Lessee Properties.
10.1.4 Tenant shall have no claim against Lessor Landlord at any time in respect of the cost or value of any such alteration. All materials which are scrapped improvement, alteration or removed in connection with the making of such alteration shall be the property of Lesseeaddition. There shall be no adjustment in the Base Rent by reason of any such alterationimprovement, alteration or addition. With Landlord’s consent, which shall not be unreasonably withheld, expenditures made by Tenant pursuant to this ARTICLE X, other than expenditures for additions (as defined in the definition of Qualified Capital Expenditures), may be included as capital expenditures for purposes of inclusion in the capital expenditures budget for the Facilities and for measuring compliance with the obligations of Tenant set forth in Section 8.3 of this Lease.
10.1.6 10.1.5 In connection with any alteration which involves the removal, demolition or disturbance of any asbestos-containing material, Lessee Tenant shall cause to be prepared at its expense a full asbestos assessment applicable to such alteration, and shall carry out such asbestos monitoring and maintenance program as shall reasonably be required thereafter in light of the results of such assessment.
Appears in 1 contract
Samples: Master Lease (Diversicare Healthcare Services, Inc.)
Construction of Alterations and Additions to the Leased Properties. 10.1.1 Lessee shall not (a) make or permit to be made any structural alterations, improvements or additions of or to any the Leased Property Properties or any part thereof, or (b) materially alter the plumbing, HVAC or electrical systems thereon or (c) make any other alterations, improvements or additions the cost of which exceeds (i) Fifty Thousand ($50,000.00) Dollars per alteration, improvement or addition, or (ii) One Hundred Fifty Thousand ($150,000.00) Dollars in any Lease Year, unless and until Lessee has (x) caused complete plans and specifications therefor to have been prepared by a licensed architect and submitted to Lessor at least sixty (60) Business Days before the planned start of construction thereof, (y) obtained Lessor’s written approval thereof if and as required pursuant to the terms of this Article X, which approval shall not be unreasonably withheld, and(z), if and as required to do so by Lessor, provided Lessor with reasonable assurance of the terms payment of the cost of any such alterations, improvements or additions, in the form of a Facility Mortgagebond, letter of credit or cash deposit. If Lessor requires a deposit, Lessor shall retain and disburse the approval of the Facility Mortgagee. Routine landscaping, painting, floor and wallcovering replacements shall not be deemed to be alterations within the meaning of this Article X.
10.1.1 Without the prior written consent of Lessor, Lessee shall not make any structural alterations to any Leased Property (other than replacement with the same materials amount deposited in the same configuration) manner as is provided for insurance proceeds in Section 14.6. If the cost deposit is reasonably determined by Lessor at any time to be insufficient for the completion of which in any period of twelve (12) consecutive months exceeds Fifty Thousand Dollars ($50,000)the alteration, includingimprovement or addition, without limitation, any alterations Lessee immediately shall increase the deposit to the roof, exterior and other load-bearing walls, windows and foundation amount reasonably required by Lessor. Lessee shall be responsible for the completion of such Leased Propertyimprovements in accordance with the plans and specifications approved by Lessor, and promptly shall correct any failure with respect thereto.
10.1.2 Without Alterations and improvements not falling within the categories described in the first sentence of Section 10.1.1 may be made by Lessee without the prior written consent of Lessor, Lessee shall not make any non-structural alterations to any Leased Property (other than replacement with the same materials in the same configuration) the cost of which in any period of twelve (12) consecutive months exceeds the Self Administered Amount.
10.1.3 As to any proposed alterations that do not require the approval of Lessor, before commencing the proposed alterations but Lessee shall give Lessor at least fifteen (15) Business Days’ Notice, and, in the case of structural alterations not requiring the approval of Lessor, Lessee shall deliver a copy of the plans and specifications therefor to Lessor within thirty (30) days after the commencement of such alterations.
10.1.4 If the approval of Lessor of a proposed structural alteration is required, at least thirty (30) days prior written Notice of any such alterations and improvements; provided, however, that no prior Notice shall be required with respect to alterations and improvements (other than Section 10.1.1 alterations or improvements) reasonably required for the date upon which Lessee wishes to commence construction of such alteration, Lessee shall cause a copy routine maintenance and repair of the plans and specifications therefor, prepared at Lessee’s expense by a licensed architect, to be submitted to Lessor and, if and as required by a Facility Mortgage, to the Facility Mortgagee. Lessor’s approval shall not be unreasonably withheld or delayedLeased Properties.
10.1.5 If a required approval is granted10.1.3 All alterations, Lessee improvements and additions shall cause the work described in the approved plans and specifications to (a) be performed at its expense, promptly and constructed in a first class workmanlike class, workmanlike, manner, by a licensed general contractor and in compliance with all applicable Insurance Requirements and Legal Requirements and the standards herein. Each alterationRequirements, alone or in conjunction with each affected portion of any Leased Property, shall constitute a complete architectural unit (b) be in keeping with the character of such the Leased Property Properties and the area in which such the Leased Property in question is located, located and shall not diminish (c) be designed and constructed so that the value of such the Leased Property or change Properties will not be diminished and the Primary Intended Use of such the Leased PropertyProperties will not be changed. Each All improvements, alterations and every such alteration additions immediately shall immediately become a part of any the Leased Property and shall belong to Lessor subject to the terms and conditions of this Master Lease. Properties.
10.1.4 Lessee shall have no claim against Lessor at any time in respect of the cost or value of any such alteration. All materials which are scrapped improvement, alteration or removed in connection with the making of such alteration shall be the property of Lesseeaddition. There shall be no adjustment in the Base Rent by reason of any such alterationimprovement, alteration or addition. With Lxxxxx’s consent, expenditures made by Lessee pursuant to this ARTICLE X may be included as capital expenditures for purposes of inclusion in the capital expenditures budget for the Facilities and for measuring compliance with the obligations of Lessee set forth in Section 8.4 of this Lease.
10.1.6 10.1.5 In connection with any alteration which that involves the removal, demolition or disturbance of any asbestos-containing material, Lessee shall cause to be prepared at its expense a full asbestos assessment applicable to such alteration, alteration and shall carry out such asbestos monitoring and maintenance program as reasonably shall reasonably be required thereafter in light of the results of such assessment.
Appears in 1 contract
Construction of Alterations and Additions to the Leased Properties. Lessee 10.1.1 Tenant shall not (a) make or permit to be made any structural alterations, improvements or additions of or to the Leased Properties or any part thereof, or (b) materially alter the plumbing, HVAC or electrical systems thereon or (c) make any other alterations, improvements or additions to any Leased Property or any part thereof, the cost of which exceeds One Hundred Fifty Thousand Dollars ($150,000.00), unless and until Lessee Tenant has (a) caused complete plans and specifications therefor to have been prepared by a licensed architect (or licensed plumbing contractor or electrical contractor in the case of alterations to the plumbing, HVAC or electrical systems) and submitted to Landlord at least thirty (30) Business Days before the planned start of construction thereof, (b) obtained LessorLandlord’s written approval thereof if and as required pursuant to the terms approval of this Article Xany Facility Mortgagee, which approval shall not be unreasonably withheld, andconditioned or delayed, and if and as required no response has been received by the terms of a Facility Mortgage, the approval Tenant within thirty (30) Business Days after submission of the Facility Mortgagee. Routine landscaping, painting, floor plans and wallcovering replacements specifications for approval then such approval shall not be deemed to be alterations within have been given, and (c), if required to do so by Landlord, provide Landlord with reasonable assurance of the meaning payment of this Article X.
10.1.1 Without the prior written consent cost of Lessorany such alterations, Lessee improvements or additions, in the form of a bond, letter of credit or cash deposit. If Landlord requires a deposit, Landlord shall not make any structural alterations to any Leased Property (other than replacement with retain and disburse the same materials amount deposited in the same configuration) manner as is provided for insurance proceeds in Section 14.6. If the cost deposit is reasonably determined by Landlord at any time to be insufficient for the completion of which in any period of twelve (12) consecutive months exceeds Fifty Thousand Dollars ($50,000)the alteration, includingimprovement or addition, without limitation, any alterations Tenant shall immediately increase the deposit to the roof, exterior and other load-bearing walls, windows and foundation amount reasonably required by Landlord. Tenant shall be responsible for the completion of such Leased Propertyimprovements in accordance with the plans and specifications approved by Landlord, and shall promptly correct any failure with respect thereto.
10.1.2 Without Alterations and improvements not falling within the categories described in the first sentence of the preceding paragraph may be made by Tenant without the prior written consent of Lessor, Lessee shall not make any non-structural alterations to any Leased Property (other than replacement with the same materials in the same configuration) the cost of which in any period of twelve (12) consecutive months exceeds the Self Administered Amount.
10.1.3 As to any proposed alterations that do not require the approval of LessorLandlord, before commencing the proposed alterations Lessee but Tenant shall give Lessor Landlord at least fifteen (15) Business Days’ Notice, and, in the case Days prior written Notice of structural any such alterations not requiring the approval of Lessor, Lessee shall deliver a copy of the plans and specifications therefor to Lessor within thirty (30) days after the commencement of such alterationsimprovements.
10.1.4 If the approval of Lessor of a proposed structural alteration is required10.1.3 All alterations, at least thirty (30) days prior to the date upon which Lessee wishes to commence construction of such alteration, Lessee improvements and additions shall cause a copy of the plans and specifications therefor, prepared at Lessee’s expense by a licensed architect, to be submitted to Lessor and, if and as required by a Facility Mortgage, to the Facility Mortgagee. Lessor’s approval shall not be unreasonably withheld or delayed.
10.1.5 If a required approval is granted, Lessee shall cause the work described in the approved plans and specifications to be performed at its expense, promptly and constructed in a first class workmanlike class, workmanlike, manner, by a licensed general contractor and in compliance with all applicable Insurance Requirements and Legal Requirements and the standards herein. Each alterationRequirements, alone or in conjunction with each affected portion of any Leased Property, shall constitute a complete architectural unit be in keeping with the character of such the Leased Property Properties and the area in which such the Leased Property in question is located, located and shall not diminish be designed and constructed so that the value of such the Leased Property Properties will not be diminished or change and that the Primary Intended Use of such the Leased PropertyProperties will not be changed. Each All improvements, alterations and every such alteration additions shall immediately become a part of any the Leased Property and shall belong to Lessor subject to the terms and conditions of this Master Lease. Lessee Properties.
10.1.4 Tenant shall have no claim against Lessor Landlord at any time in respect of the cost or value of any such alteration. All materials which are scrapped improvement, alteration or removed in connection with the making of such alteration shall be the property of Lesseeaddition. There shall be no adjustment in the Base Rent by reason of any such alterationimprovement, alteration or addition. With Landlord’s consent, which shall not be unreasonably withheld, expenditures made by Tenant pursuant to this ARTICLE X, other than expenditures for additions (as defined in the definition of Qualified Capital Expenditures), may be included as capital expenditures for purposes of inclusion in the capital expenditures budget for the Facilities and for measuring compliance with the obligations of Tenant set forth in Section 8.3 of this Lease.
10.1.6 10.1.5 In connection with any alteration which involves the removal, demolition or disturbance of any asbestos-containing material, Lessee Tenant shall cause to be prepared at its expense a full asbestos assessment applicable to such alteration, and shall carry out such asbestos monitoring and maintenance program as shall reasonably be required thereafter in light of the results of such assessment.
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Samples: Master Lease (Diversicare Healthcare Services, Inc.)
Construction of Alterations and Additions to the Leased Properties. 10.1.1 Lessee shall not (a) make or permit to be made any structural alterations, improvements or additions of or to any the Leased Property Properties or any part thereof, or (b) materially alter the plumbing, HVAC or electrical systems thereon or (c) make any other alterations, improvements or additions the cost of which exceeds (i) One Hundred Thousand ($100,000.00) Dollars per alteration, improvement or addition, or (ii) One Hundred Thousand ($100,000.00) Dollars in any Lease Year, unless and until Lessee has (x) caused complete plans and specifications therefor to have been prepared and submitted to Lessor at least thirty (30) days before the planned start of construction thereof, (y) obtained Lessor’s written approval thereof if and as required pursuant to the terms of this Article X, which approval shall not be unreasonably withheld, and, if and as required by the terms of a Facility Mortgage, the approval of the any Facility Mortgagee. Routine landscapingMortgagee and (z), painting, floor and wallcovering replacements shall not be deemed if required to be alterations within the meaning of this Article X.
10.1.1 Without the prior written consent of do so by Lessor, Lessee provided Lessor with reasonable assurance of the payment of the cost of any such alterations, improvements or additions, in the form of a bond, letter of credit, cash deposit or adequate evidence of financing for the alteration, improvement or addition. If Lessor requires a deposit, Lessor shall not make any structural alterations to any Leased Property (other than replacement with retain and disburse the same materials amount deposited in the same configuration) manner as is provided for insurance proceeds in Section 14.6. If the cost deposit is reasonably determined by Lessor at any time to be insufficient for the completion of which in any period of twelve (12) consecutive months exceeds Fifty Thousand Dollars ($50,000)the alteration, includingimprovement or addition, without limitation, any alterations Lessee immediately shall increase the deposit to the roof, exterior and other load-bearing walls, windows and foundation amount reasonably required by Lessor. Lessee shall be responsible for the completion of such Leased Propertyimprovements in accordance with the plans and specifications approved by Lessor, and promptly shall correct any failure with respect thereto.
10.1.2 Without Alterations and improvements not falling within the categories described in the first sentence of Section 10.1.1 may be made by Lessee without the prior written consent of Lessor, Lessee shall not make any non-structural alterations to any Leased Property (other than replacement with the same materials in the same configuration) the cost of which in any period of twelve (12) consecutive months exceeds the Self Administered Amount.
10.1.3 As to any proposed alterations that do not require the approval of Lessor, before commencing the proposed alterations but Lessee shall give Lessor at least fifteen (15) Business Days’ Notice, and, in the case of structural alterations not requiring the approval of Lessor, Lessee shall deliver a copy of the plans and specifications therefor to Lessor within thirty (30) days after the commencement of such alterations.
10.1.4 If the approval of Lessor of a proposed structural alteration is required, at least thirty (30) days prior to the date upon which Lessee wishes to commence construction written Notice of any such alteration, Lessee shall cause a copy of the plans alterations and specifications therefor, prepared at Lessee’s expense by a licensed architect, to be submitted to Lessor and, if and as required by a Facility Mortgage, to the Facility Mortgagee. Lessor’s approval shall not be unreasonably withheld or delayedimprovements.
10.1.5 If a required approval is granted10.1.3 All alterations, Lessee improvements and additions shall cause the work described in the approved plans and specifications to (a) be performed at its expense, promptly and constructed in a first class workmanlike class, workmanlike, manner, by a licensed general contractor and in compliance with all applicable Insurance Requirements and Legal Requirements and the standards herein. Each alterationRequirements, alone or in conjunction with each affected portion of any Leased Property, shall constitute a complete architectural unit (b) be in keeping with the character of such the Leased Property Properties and the area in which such the Leased Property in question is located, located and shall not diminish (c) be designed and constructed so that the value of such the Leased Property or change Properties will not be diminished and the Primary Intended Use of such the Leased PropertyProperties will not be changed. Each All improvements, alterations and every such alteration additions immediately shall immediately become a part of any the Leased Property and shall belong to Lessor subject to the terms and conditions of this Master Lease. Properties.
10.1.4 Lessee shall have no claim against Lessor at any time in respect of the cost or value of any such alteration. All materials which are scrapped improvement, alteration or removed in connection with the making of such alteration shall be the property of Lesseeaddition. There shall be no adjustment in the Base Rent by reason of any such alterationimprovement, alteration or addition. With Lessor’s consent, expenditures made by Lessee pursuant to this Article X may be included as capital expenditures for purposes of inclusion in the capital expenditures budget for the Facilities and for measuring compliance with the obligations of Lessee set forth in Section 8.3 of this Lease.
10.1.6 10.1.5 In connection with any alteration which that involves the removal, demolition or disturbance of any asbestos-containing material, Lessee shall cause to be prepared at its expense a full asbestos assessment applicable to such alteration, alteration and shall carry out such asbestos monitoring and maintenance program as reasonably shall reasonably be required thereafter in light of the results of such assessment.
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Construction of Alterations and Additions to the Leased Properties. Lessee shall not (a) make or permit to be made any structural alterations, improvements or additions of or to the Leased Properties or any part thereof, or (b) materially alter the plumbing, HVAC or electrical systems thereon or (c) make any other alterations, improvements or additions to any Leased Property or any part thereof, the cost of which exceeds One Hundred Thousand Dollars ($100,000.00), unless and until Lessee has (a) caused complete plans and specifications therefor to have been prepared by a licensed architect (or licensed plumbing contractor or electrical contractor in the case of alterations to the plumbing, HVAC or electrical systems) and submitted to Lessor at least thirty (30) Business Days before the planned start of construction thereof, (b) obtained Lessor’s written approval thereof if and as required pursuant to the terms approval of this Article Xany Facility Mortgagee, which approval shall not be unreasonably withheld, andconditioned or delayed, and if and as required no response has been received by the terms of a Facility Mortgage, the approval Lessee within thirty (30) Business Days after submission of the Facility Mortgagee. Routine landscaping, painting, floor plans and wallcovering replacements specifications for approval then such approval shall not be deemed to have been given, and (c), if required to do so by Lessor, provide Lessor with reasonable assurance of the payment of the cost of any such alterations, improvements or additions, in the form of a bond, letter of credit or cash deposit. If Lessor requires a deposit, Lessor shall retain and disburse the amount deposited in the same manner as is provided for insurance proceeds in Section 14.6. If the deposit is reasonably determined by Lessor at any time to be alterations within insufficient for the meaning completion of this Article X.
10.1.1 Without the prior written consent of Lessoralteration, improvement or addition, Lessee shall not make any structural alterations immediately increase the deposit to any Leased Property (other than replacement the amount reasonably required by Lessor. Lessee shall be responsible for the completion of such improvements in accordance with the same materials plans and specifications approved by Lessor, and shall promptly correct any failure with respect thereto. Alterations and improvements not falling within the categories described in the same configuration) first sentence of the cost of which in any period of twelve (12) consecutive months exceeds Fifty Thousand Dollars ($50,000), including, preceding paragraph may be made by Lessee without limitation, any alterations to the roof, exterior and other load-bearing walls, windows and foundation of such Leased Property.
10.1.2 Without the prior written consent of Lessor, Lessee shall not make any non-structural alterations to any Leased Property (other than replacement with the same materials in the same configuration) the cost of which in any period of twelve (12) consecutive months exceeds the Self Administered Amount.
10.1.3 As to any proposed alterations that do not require the approval of Lessor, before commencing the proposed alterations but Lessee shall give Lessor at least fifteen (15) Business Days’ NoticeDays prior written Notice of any such alterations and improvements. All alterations, and, in the case of structural alterations not requiring the approval of Lessor, Lessee improvements and additions shall deliver a copy of the plans and specifications therefor to Lessor within thirty (30) days after the commencement of such alterations.
10.1.4 If the approval of Lessor of a proposed structural alteration is required, at least thirty (30) days prior to the date upon which Lessee wishes to commence construction of such alteration, Lessee shall cause a copy of the plans and specifications therefor, prepared at Lessee’s expense by a licensed architect, to be submitted to Lessor and, if and as required by a Facility Mortgage, to the Facility Mortgagee. Lessor’s approval shall not be unreasonably withheld or delayed.
10.1.5 If a required approval is granted, Lessee shall cause the work described in the approved plans and specifications to be performed at its expense, promptly and constructed in a first class workmanlike class, workmanlike, manner, by a licensed general contractor and in compliance with all applicable Insurance Requirements and Legal Requirements and the standards herein. Each alterationRequirements, alone or in conjunction with each affected portion of any Leased Property, shall constitute a complete architectural unit be in keeping with the character of such the Leased Property Properties and the area in which such the Leased Property in question is located, located and shall not diminish be designed and constructed so that the value of such the Leased Property Properties will not be diminished or change and that the Primary Intended Use of such the Leased PropertyProperties will not be changed. Each All improvements, alterations and every such alteration additions shall immediately become a part of any the Leased Property and shall belong to Lessor subject to the terms and conditions of this Master LeaseProperties. Lessee shall have no claim against Lessor at any time in respect of the cost or value of any such alteration. All materials which are scrapped improvement, alteration or removed in connection with the making of such alteration shall be the property of Lesseeaddition. There shall be no adjustment in the Base Rent by reason of any such alteration.
10.1.6 improvement, alteration or addition. With Lessor’s consent, which shall not be unreasonably withheld, expenditures made by Lessee pursuant to this Article X, other than expenditures for additions (as defined in the definition of Qualified Capital Expenditures), may be included as capital expenditures for purposes of inclusion in the capital expenditures budget for the Facilities and for measuring compliance with the obligations of Lessee set forth in Section 8.3 of this Lease. In connection with any alteration which involves the removal, demolition or disturbance of any asbestos-containing material, Lessee shall cause to be prepared at its expense a full asbestos assessment applicable to such alteration, and shall carry out such asbestos monitoring and maintenance program as shall reasonably be required thereafter in light of the results of such assessment.
Appears in 1 contract
Construction of Alterations and Additions to the Leased Properties. Lessee shall not (a) make or permit to be made any structural alterations, improvements or additions of or to the Leased Properties or any part thereof, or (b) materially alter the plumbing, HVAC or electrical systems thereon or (c) make any other alterations, improvements or additions to any Leased Property or any part thereof, the cost of which exceeds One Hundred Thousand Dollars ($100,000.00), unless and until Lessee has (a) caused complete plans and specifications therefor to have been prepared by a licensed architect (or licensed plumbing contractor or electrical contractor in the case of alterations to the plumbing, HVAC or electrical systems) and submitted to Lessor at least thirty (30) Business Days before the planned start of construction thereof, (b) obtained Lessor’s 's written approval thereof if and as required pursuant to the terms approval of this Article Xany Facility Mortgagee, which approval shall not be unreasonably withheld, andconditioned or delayed, and if and as required no response has been received by the terms of a Facility Mortgage, the approval Lessee within thirty (30) Business Days after submission of the Facility Mortgagee. Routine landscaping, painting, floor plans and wallcovering replacements specifications for approval then such approval shall not be deemed to have been given, and (c), if required to do so by Lessor, provide Lessor with reasonable assurance of the payment of the cost of any such alterations, improvements or additions, in the form of a bond, letter of credit or cash deposit. If Lessor requires a deposit, Lessor shall retain and disburse the amount deposited in the same manner as is provided for insurance proceeds in Section 14.6. If the deposit is reasonably determined by Lessor at any time to be alterations within insufficient for the meaning completion of this Article X.
10.1.1 Without the prior written consent of Lessoralteration, improvement or addition, Lessee shall not make any structural alterations immediately increase the deposit to any Leased Property (other than replacement the amount reasonably required by Lessor. Lessee shall be responsible for the completion of such improvements in accordance with the same materials plans and specifications approved by Lessor, and shall promptly correct any failure with respect thereto. Alterations and improvements not falling within the categories described in the same configuration) first sentence of the cost of which in any period of twelve (12) consecutive months exceeds Fifty Thousand Dollars ($50,000), including, preceding paragraph may be made by Lessee without limitation, any alterations to the roof, exterior and other load-bearing walls, windows and foundation of such Leased Property.
10.1.2 Without the prior written consent of Lessor, Lessee shall not make any non-structural alterations to any Leased Property (other than replacement with the same materials in the same configuration) the cost of which in any period of twelve (12) consecutive months exceeds the Self Administered Amount.
10.1.3 As to any proposed alterations that do not require the approval of Lessor, before commencing the proposed alterations but Lessee shall give Lessor at least fifteen (15) Business Days’ Notice, and, in the case of structural alterations not requiring the approval of Lessor, Lessee shall deliver a copy of the plans and specifications therefor to Lessor within thirty (30) days after the commencement of such alterations.
10.1.4 If the approval of Lessor of a proposed structural alteration is required, at least thirty (30) days Days prior to the date upon which Lessee wishes to commence construction of such alteration, Lessee shall cause a copy of the plans and specifications therefor, prepared at Lessee’s expense by a licensed architect, to be submitted to Lessor and, if and as required by a Facility Mortgage, to the Facility Mortgagee. Lessor’s approval shall not be unreasonably withheld or delayed.
10.1.5 If a required approval is granted, Lessee shall cause the work described in the approved plans and specifications to be performed at its expense, promptly and in a first class workmanlike manner, by a licensed general contractor and in compliance with all applicable Insurance Requirements and Legal Requirements and the standards herein. Each alteration, alone or in conjunction with each affected portion of any Leased Property, shall constitute a complete architectural unit in keeping with the character of such Leased Property and the area in which such Leased Property is located, and shall not diminish the value of such Leased Property or change the Primary Intended Use of such Leased Property. Each and every such alteration shall immediately become a part of any Leased Property and shall belong to Lessor subject to the terms and conditions of this Master Lease. Lessee shall have no claim against Lessor at any time in respect of the cost or value written Notice of any such alteration. All materials which are scrapped or removed in connection with the making of such alteration shall be the property of Lessee. There shall be no adjustment in the Base Rent by reason of any such alterationalterations and improvements.
10.1.6 In connection with any alteration which involves the removal, demolition or disturbance of any asbestos-containing material, Lessee shall cause to be prepared at its expense a full asbestos assessment applicable to such alteration, and shall carry out such asbestos monitoring and maintenance program as shall reasonably be required thereafter in light of the results of such assessment.
Appears in 1 contract
Samples: Master Lease (Advocat Inc)