Common use of Construction of Alterations Clause in Contracts

Construction of Alterations. Tenant shall pay when due all claims for labor or materials furnished or alleged to have been furnished to or for Tenant at, on, or for use in the Premises. Tenant shall keep the Building, including the Premises, free and clear of all mechanics’ liens and all other liens. Tenant shall give Landlord immediate written notice of any lien filed against the Building, including the Premises, related to or arising from work performed by or for the Tenant. Tenant shall give Landlord not less than ten (10) days’ prior written notice of the commencement of any Alterations in the Premises, and Landlord shall have the right to post notices of non-responsibility in or upon the Premises as provided by law. If Tenant shall in good faith contest the validity of any such lien, claim or demand, then Tenant, at its sole expense, shall defend, indemnify and hold Tenant and Landlord harmless against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against the Tenant, Landlord, the Premises or the Building. Upon Landlord’s request, Tenant shall furnish to Landlord a corporate surety bond, in form and content and issued by a corporate surety satisfactory to Landlord, in an amount equal to one and one-half (1½) times the amount of such contested lien, claim or demand, indemnifying Landlord and Tenant from liability for any such lien, claim or demand and holding the Building (including the Premises), free and harmless from and against the effect of any such lien, claim or demand, and causing the release and reconveyance of said lien from the Building. In addition, Landlord shall have the right to require that Tenant pay Landlord’s reasonable attorneys’ fees and disbursements, court costs and other reasonable costs actually incurred in defending any such action if Landlord is named as a party to any such action, if the lien encumbers any portion or interest in the Building and/or if Landlord elects to defend any such action or lien. Tenant shall execute and deliver to Landlord a valid notice of completion of any Alterations in accordance with Section 3093 of the California Civil Code, as amended or recodified from time to time (“Tenant’s Certificate of Completion”), in recordable form. Landlord shall have the right to record or cause Tenant to record Tenant’s Certificate of Completion in the Official Records of the County Recorder’s Office of the County of Santa Clara, California.

Construction of Alterations. Tenant Except as provided in Paragraph 5.2 --------------------------- above, Subtenant shall pay when due all claims not make any Alterations within the Demised Premises (other than any alterations necessary to fortify the floor of the Demised Premises and except as may be expressly set forth otherwise in this Sublease, or in the Prime Lease) without Sublandlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed whenever Sublandlord's consent is required. Notwithstanding the foregoing, Subtenant shall have the right (a) to place or install in the Demised Premises such fixtures and equipment as Subtenant shall deem desirable for labor or materials furnished or alleged the conduct of business therein and to select the paint color it desires for the interior of the Demised Premises; (b) if Prime Landlord so consents (Prime Landlord's consent to be obtained through Sublandlord, if Prime Landlord's consent is required as set forth hereinabove), to make such further Alterations as Subtenant reasonably deems necessary to operate the Demised Premises and (c) to utilize Subtenant's contractors, so long as same have been furnished approved by Sublandlord in writing prior to the commencement of such alterations. Any such Alterations shall be performed in accordance with the terms and conditions of the Construction Provisions attached hereto as Exhibit G. Any Alterations made shall remain on and be surrendered with the Demised Premises on expiration or for Tenant attermination of the Term, onunless stated otherwise herein. Sublandlord may elect, or for use in by delivery of written notice, to require Subtenant to remove any Alterations that Subtenant has made to the Demised Premises. Tenant If Sublandlord so elects, Subtenant at its cost shall keep remove such Alterations and restore the BuildingDemised Premises to the condition designated by Sublandlord in its election, including before the Premiseslast day of the Term. Sublandlord hereby acknowledges and agrees that Subtenant will remove its Trade Fixtures at the end of the Term of this Sublease (as same may be extended, free renewed or modified) and clear Subtenant acknowledges that it shall repair all damage caused by the removal of all mechanics’ liens and all other lienssame. Tenant If Subtenant makes any Alterations to the Demised Premises as provided in this paragraph, the Alterations shall give Landlord immediate written notice of any lien filed against the Building, including the Premises, related to or arising from work performed by or for the Tenant. Tenant shall give Landlord not less than be commenced until ten (10) days’ prior business days after Sublandlord has received written notice from Subtenant stating the date the installation of the commencement of any Alterations in the Premises, is to commence so that Sublandlord can post and Landlord shall have the right to post notices of non-responsibility in or upon the Premises as provided by law. If Tenant shall in good faith contest the validity of any such lien, claim or demand, then Tenant, at its sole expense, shall defend, indemnify and hold Tenant and Landlord harmless against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against the Tenant, Landlord, the Premises or the Building. Upon Landlord’s request, Tenant shall furnish to Landlord a corporate surety bond, in form and content and issued by a corporate surety satisfactory to Landlord, in record an amount equal to one and one-half (1½) times the amount of such contested lien, claim or demand, indemnifying Landlord and Tenant from liability for any such lien, claim or demand and holding the Building (including the Premises), free and harmless from and against the effect of any such lien, claim or demand, and causing the release and reconveyance of said lien from the Building. In addition, Landlord shall have the right to require that Tenant pay Landlord’s reasonable attorneys’ fees and disbursements, court costs and other reasonable costs actually incurred in defending any such action if Landlord is named as a party to any such action, if the lien encumbers any portion or interest in the Building and/or if Landlord elects to defend any such action or lien. Tenant shall execute and deliver to Landlord a valid appropriate notice of completion of any Alterations in accordance with Section 3093 of the California Civil Code, as amended or recodified from time to time (“Tenant’s Certificate of Completion”), in recordable form. Landlord shall have the right to record or cause Tenant to record Tenant’s Certificate of Completion in the Official Records of the County Recorder’s Office of the County of Santa Clara, Californianonresponsibility.

Construction of Alterations. Tenant shall pay when due all claims for labor or materials furnished or alleged to have been furnished to or for Tenant at, on, or for use in the Premises. Tenant shall keep the Building, including the Premises, free and clear of all mechanics’ liens and all other liens. Tenant shall give Landlord immediate written notice of any lien filed against the Building, including the Premises, related to or arising from work performed by or for the Tenant. Tenant shall give Landlord not less than ten (10) days’ prior written notice of the commencement of any Alterations in the Premises, and Landlord shall have the right to post notices of non-responsibility in or upon the Premises as provided by law. If Tenant shall in good faith contest the validity of any such lien, claim or demand, then Tenant, at its sole expense, shall defend, indemnify and hold Tenant and Landlord harmless against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against the Tenant, Landlord, the Premises or the Building. Upon Landlord’s request, Tenant shall furnish to Landlord a corporate surety bond, in form and content and issued by a corporate surety satisfactory to Landlord, in an amount equal to one and one-half (1½1-1/2) times the amount of such contested lien, claim or demand, indemnifying Landlord and Tenant from liability for any such lien, claim or demand and holding the Building (including the Premises), free and harmless from and against the effect of any such lien, claim or demand, and causing the release and reconveyance of said lien from the Building. In addition, Landlord shall have the right to require that Tenant pay Landlord’s reasonable attorneys’ fees and disbursements, court costs and other reasonable costs actually incurred in defending any such action if Landlord is named as a party to any such action, if the lien encumbers any portion or interest in the Building and/or if Landlord elects to defend any such action or lien. Tenant shall execute and deliver to Landlord a valid notice of completion of any Alterations in accordance with Section 3093 of the California Civil Code, as amended or recodified from time to time (“Tenant’s Certificate of Completion”), in recordable form. Landlord shall have the right to record or cause Tenant to record Tenant’s Certificate of Completion in the Official Records of the County Recorder’s Office of the County of Santa Clara, California.

Construction of Alterations. In addition to any provisions of the Lease, any Alterations shall be at Tenant’s sole cost and expense, and shall be performed in compliance with the terms of this Agreement, the Lease, the plans and specifications approved by Sublessor and Landlord, if applicable, and any applicable Law, including, but not limited to, obtaining any necessary licenses or permits, and any requirements of Sublessor’s insurers and Tenant’s insurers. The Alterations shall be performed diligently and in a good and workmanlike manner, and shall be expeditiously completed using materials of a quality that is at least equal to the present construction. Tenant shall pay when due all claims for labor agrees to engage parties that will not unreasonably interfere or materials furnished or alleged to have been furnished to or for Tenant atcause any conflict with other contractors, onmechanics, or for use laborers engaged in the Premises. Tenant shall keep the Buildingconstruction, including the Premisesmaintenance, free and clear of all mechanics’ liens and all other liens. Tenant shall give Landlord immediate written notice of any lien filed against the Building, including the Premises, related to or arising from work performed by or for the Tenant. Tenant shall give Landlord not less than ten (10) days’ prior written notice operation of the commencement of any Alterations in the Premises, and Landlord shall have the right to post notices of non-responsibility in or upon the Premises as provided by law. If Tenant shall in good faith contest the validity of any such lien, claim or demand, then Tenant, at its sole expense, shall defend, indemnify and hold Tenant and Landlord harmless against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against the Tenant, Landlord, the Leased Premises or the Building. Upon LandlordTenant and any contractor, subcontractor, or other person undertaking the Alterations on behalf of Tenant shall be covered by workmen’s requestcompensation insurance with such coverage and minimum limits as required by Law and commercial general liability insurance (naming Sublessor and Landlord as an additional insureds) with coverage limits reasonably acceptable to Sublessor, and evidence thereof shall be furnished to Sublessor prior to accessing the Property for the performance of the Alterations. Any mechanic’s liens, or other similar liens, filed against the Subleased Premises or any other portion of the Property for work claimed to have been done for, or materials claimed to have been furnished to, Tenant shall furnish to Landlord a corporate surety bondbe discharged by Tenant, in form at Tenant’s sole cost and content and issued expense, by a corporate surety satisfactory to Landlordbond or otherwise, in an amount equal to one and one-half within thirty (1½30) times days after the amount of recording thereof, or such contested lien, claim or demand, indemnifying Landlord and Tenant from liability for any such lien, claim or demand and holding the Building (including the Premises), free and harmless from and against the effect of any such lien, claim or demand, and causing the release and reconveyance of said lien from the Building. In addition, Landlord shall have the right to require that Tenant pay Landlord’s reasonable attorneys’ fees and disbursements, court costs and other reasonable costs actually incurred in defending any such action if Landlord is named shorter time period as a party to any such action, if the lien encumbers any portion or interest set forth in the Building and/or if Landlord elects to defend any such action or lienLease. If Tenant shall execute and deliver fail to Landlord a valid notice of completion of any Alterations discharge such mechanic’s lien or other similar lien in accordance with Section 3093 of the California Civil Codeforegoing, as amended or recodified from time to time (“then Sublessor may file such a bond, at Tenant’s Certificate expense, and Tenant shall reimburse Sublessor for any cost or expense so incurred by Sublessor within fifteen (15) business days of Completion”), in recordable form. Landlord shall have the right to record or cause Tenant to record Tenant’s Certificate receipt of Completion in the Official Records of the County Recorder’s Office of the County of Santa Clara, Californiabilling from Sublessor.

Construction of Alterations. Tenant shall pay when due may construct non-structural alterations, additions and improvements ("Alterations") in the Premises without Landlord' s prior approval, if the aggregate cost of the Alteration in question does not exceed Twenty Five Thousand and no/l00ths Dollars ($25,000.00) provided that Tenant first notify Landlord of such proposed improvements and provide Landlord at all claims for labor or materials furnished or alleged times with an updated set of drawings relative to have been furnished to or for Tenant at, on, or for use in the Premises. If Tenant desires to make nonstructural Alterations costing more than Twenty Five Thousand and no/100ths Dollars ($25,000.00) or structural Alterations, Tenant shall keep first obtain Landlord' s consent, which consent shall not be unreasonably withheld, and, if Landlord does not notify Tenant in writing of its reasonable disapproval of such Alteration within Three (3) days following Tenant's written request for approval and delivery to Landlord of the Buildingproposed plans, including then Landlord shall be deemed to have approved the Premisesproposed Alternation. Upon the request of Tenant, free and clear Landlord shall within the above-stated Three (3) day period advise Tenant in writing as to whether Landlord shall require removal of all mechanics’ liens and all other liensany Alteration in question upon the Expiration Date or earlier termination of the Lease Term. Tenant shall give agrees that it will not proceed to make any Alterations until (a) Tenant has obtained all required governmental approvals and permits, and (b) Tenant has provided Landlord immediate written notice of any reasonable security, in form reasonably approved by Landlord , to protect Landlord against mechanics' lien filed against the Building, including the Premises, related to or arising from work performed by or for the Tenantclaims. Tenant shall give further agrees to provide Landlord not less than ten (10a) days’ prior written notice of the commencement anticipated start date and the actual start date of any Alterations in the Premiseswork, and Landlord (b) a complete set of as-built drawings upon completion of the work. All Alterations shall have the right to post notices of non-responsibility be (a) performed in compliance with all applicable Laws and (b) maintained, replaced or upon the Premises as provided repaired by lawTenant at Tenant's sole costs and expense. If Tenant shall in good faith contest the validity of any such lien, claim or demand, then Tenant, at its sole expense, shall defend, indemnify and hold Tenant and Landlord harmless against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against the Tenant, Landlord, the Premises or the Building. Upon Landlord’s requestFurthermore, Tenant shall furnish to provide Landlord a corporate surety bond, in form and content and issued by a corporate surety satisfactory to Landlord, in an amount equal to one and one-half (1½) times the amount of such contested lien, claim or demand, indemnifying Landlord and Tenant from liability for with updated floor plans depicting any such lien, claim or demand and holding the Building (including the Premises), free and harmless from and against the effect of any such lien, claim or demand, and causing the release and reconveyance of said lien from the Building. In addition, Landlord shall have the right to require that Tenant pay Landlord’s reasonable attorneys’ fees and disbursements, court costs and other reasonable costs actually incurred in defending any such action if Landlord is named as a party to any such action, if the lien encumbers any portion or interest changes in the Building and/or if Landlord elects to defend any such action or lien. Tenant shall execute and deliver to Landlord a valid notice of completion of any Alterations in accordance with Section 3093 open office landscape portion of the California Civil Code, as amended or recodified from time facility to time include the cubicle layout and open office stations and wiring configurations and plans within ninety (“Tenant’s Certificate of Completion”), in recordable form. Landlord shall have the right to record or cause Tenant to record Tenant’s Certificate of Completion in the Official Records of the County Recorder’s Office of the County of Santa Clara, California90) days after such modifications occur.

Construction of Alterations. Tenant All alterations, additions and improvements permitted under this Section 8.5 shall pay when due be constructed diligently, in a good and workmanlike manner with new or like-new, good and sufficient materials and in compliance with all claims for labor or materials furnished or alleged to have been furnished to or for Tenant atapplicable laws, onordinances, or for use in the Premises. Tenant shall keep the Buildingrules and regulations (including, including the Premiseswithout limitation, free building codes and clear of all mechanics’ liens and all other liens. Tenant shall give Landlord immediate written notice of any lien filed against the Building, including the Premises, those related to or arising from work performed accessibility and use by or for the Tenant. Tenant shall give Landlord not less than ten (10individuals with disabilities) days’ prior written notice of the commencement of any Alterations in the Premises, and Landlord shall have the right to post notices of non-responsibility in or upon the Premises as provided by law. If Tenant shall in good faith contest the validity of any such lien, claim or demand, then Tenant, at its sole expense, shall defend, indemnify and hold Tenant and Landlord harmless against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against the Tenant, Landlord, the Premises or the Building. Upon Landlord’s request, Tenant shall furnish to Landlord a corporate surety bond, in form and content and issued by a corporate surety satisfactory to Landlord, in an amount equal to one and one-half (1½) times the amount of such contested lien, claim or demand, indemnifying Landlord and Tenant from liability for any such lien, claim or demand and holding the Building (including the Premises), free and harmless from and against the effect of any such lien, claim or demand, and causing the release and reconveyance of said lien from the Building. In addition, Landlord shall have the right to require that Tenant pay Landlord’s reasonable attorneys’ fees and disbursements, court costs and other reasonable costs actually incurred in defending any such action if Landlord is named as a party to any such action, if the lien encumbers any portion or interest in the Building and/or if Landlord elects to defend any such action or lien. Tenant shall execute and deliver to Landlord a valid notice of completion of any Alterations in accordance with Section 3093 Landlord’s construction rules attached hereto as Exhibit E. Installation by or on behalf of Tenant, prior to the Commencement Date or during the Term of this Lease, of conduits, electrical wires, and telephone, data or video cables in the vertical shafts, horizontal raceways, electrical closets and telephone closets of the California Civil CodeBuilding or other Common Areas of the Building designed for the installation of such conduits, electrical wires and cables shall be subject to such regulations and conditions as amended or recodified Landlord may from time to time reasonably impose. Tenant shall, promptly upon completion of the work, furnish Landlord with “as built” drawings for any alterations, additions or improvements performed under this Section 8.5. If any alterations, additions or improvements which Tenant causes to be constructed in the Premises result in Landlord being required to make any alterations and/or improvements to other portions of the Project in order to comply with any applicable laws, ordinances or regulations, then Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in making such alterations and/or improvements (“Tenant’s Certificate provided that Tenant shall not be required to reimburse Landlord for the costs of Completion”Excused Work, as defined in Section 6.6). Except to the extent otherwise specifically agreed by Landlord in writing, in recordable form. the event any alterations or additions to the Premises are performed by Landlord hereunder, Landlord shall have be entitled to charge Tenant a seven percent (7%) administration fee in addition to the right actual costs of labor and materials provided. Such costs and fees shall be deemed Additional Rent under this Lease, and may be charged and payable prior to record or cause Tenant to record Tenant’s Certificate of Completion in the Official Records commencement of the County Recorder’s Office of the County of Santa Clara, Californiawork.