Common use of Construction of Capital Additions and Other Alterations to the Leased Property Clause in Contracts

Construction of Capital Additions and Other Alterations to the Leased Property. Except with respect to the pre-existing alterations projects (the “Pre-existing Projects”) identified on Schedule 10.1 hereto (with respect to each of which the requirements of this Section 10.1 shall not apply), without the prior written consent of Lessor, which consent shall not be unreasonably conditioned, withheld or delayed to the extent that the alterations satisfy the Minimum Alteration Standards (as defined below), Lessee shall not (a) make any material Capital Additions on or structural alterations to the Leased Property, (b) materially enlarge or reduce the size of any Facility or otherwise materially alter or affect (other than replacement thereof) any main Facility systems, including any main plumbing, electrical or heating, ventilating and air conditioning systems of any Facility and/or (c) make any Capital Additions or other alterations which would tie in or connect with any improvements on property adjacent to the Land other than with respect to easements over such adjacent property entered into in accordance with the terms of this Lease (those alterations described in clauses (a), (b) or (c) above, collectively, the “Material Alterations”). Lessee may, without Lessor’s prior written consent, make any alterations, additions, or improvements (collectively, “alterations”) to the Leased Property if such alterations are not Material Alterations, so long as in each case: (i) the same would not be reasonably expected to (A) decrease the value of the Leased Property, (B) materially affect the exterior appearance of the Leased Property, or (C) adversely affect the structural components of the Leased Improvements or the main electrical, mechanical, plumbing or ventilating and air conditioning systems for any Facility, (ii) the same are consistent in terms of style, quality and workmanship to the original Leased Improvements in all material respects (such requirements in the foregoing clauses (i) and (ii), the “Minimum Alteration Standards”), and (iii) the cost thereof does not exceed One Million Five Hundred Thousand Dollars ($1,500,000.00) with respect to any single project at a Facility. Any other alterations (i.e., other than Material Alterations, and other than alterations which meet the foregoing requirements of clauses (i), (ii) and (iii) above) shall be subject to Lessor’s prior written consent, which consent shall not be unreasonably conditioned, withheld or delayed to the extent that the alterations satisfy the Minimum Alteration Standards. Notwithstanding the foregoing, Lessor agrees that painting, landscaping, and replacement of floor, wall and window coverings (the foregoing, collectively, “Cosmetic Alterations”) shall be deemed alterations which do not require Lessor’s consent, regardless of the cost thereof, so long as the same meet the requirements of clause (ii) and (iii) above.

Construction of Capital Additions and Other Alterations to the Leased Property. Except with respect to the pre-existing alterations projects (the “Pre-existing Projects”) identified on Schedule 10.1 hereto (with respect to each of which the requirements of this Section 10.1 shall not apply), without Without the prior written consent of Lessor, which consent shall not may be unreasonably conditioned, given or withheld or delayed to the extent that the alterations satisfy the Minimum Alteration Standards (as defined below)in Lessor’s sole and absolute discretion, Lessee shall not (a) make any material Capital Additions on or structural alterations to the Leased Property, (b) materially enlarge or reduce the size of any Facility or otherwise materially alter or affect (other than replacement thereof) any main Facility systems, including any main plumbing, electrical or heating, ventilating and air conditioning systems of any Facility and/or (c) make any Capital Additions or other alterations which would tie in or connect with any improvements on property adjacent to the Land other than with respect to easements over such adjacent property entered into in accordance with the terms of this Lease (those alterations described in clauses (a), (b) or (c) above, collectively, the “Material Alterations”)Land. Lessee may, without Lessor’s prior written consent, make any alterations, additions, or improvements (collectively, “alterations”) to the Leased Property if such alterations are not Material Alterationsof the type described in either clause (a), (b) or (c) above, so long as in each case: (i) the same would do not be reasonably expected to (A) decrease the value of the Leased Property, (B) materially adversely affect the exterior appearance of the Leased Property, or (C) adversely affect the structural components of the Leased Improvements or the main electrical, mechanical, plumbing or ventilating and air conditioning systems for any Facility, (ii) the same are consistent in terms of style, quality and workmanship to the original Leased Improvements and Fixtures, (iii) the same are constructed and performed in all material respects (such requirements in accordance with the foregoing clauses (i) provisions of Section 10.2 below and (ii), the “Minimum Alteration Standards”), and (iiiiv) the cost thereof does not exceed One Million Five Hundred Thousand Dollars exceed, in the aggregate, $50,000.00 for any twelve ($1,500,000.0012) month period with respect to any single project at a Facility. Any other alterations (i.e., other than Material Alterationsalterations described in clauses (a), (b) or (c) above, and other than alterations which meet the foregoing requirements of clauses (i), (ii), (iii) and (iiiiv) above) shall be subject to Lessor’s prior written consent, which consent shall not be unreasonably conditioned, withheld or delayed to withheld. To the extent that the Lessor’s prior written consent shall be required in connection with any alterations satisfy the Minimum Alteration Standardsor Capital Additions, Lessor may impose such conditions thereon in connection with its approval thereof as Lessor deems appropriate. Notwithstanding the foregoing, Lessor agrees that painting, landscaping, and replacement of floor, wall and window coverings (the foregoing, collectively, “Cosmetic Alterationsminor alterations”) shall be deemed alterations which do not require Lessor’s consent, regardless of the cost thereof, so long as the same meet the requirements of clause clauses (ii) and (iii) above, and the provisions of Sections 10.2(c), (i), (j), (k) and (l) below shall not apply with respect to the performance of such minor alterations.

Construction of Capital Additions and Other Alterations to the Leased Property. Except with respect to the pre-existing alterations projects (the “Pre-existing Projects”) identified on Schedule 10.1 hereto (with respect to each of which the requirements of this Section 10.1 shall not apply), without Without the prior written consent of Lessor, which consent shall not may be unreasonably conditioned, given or withheld or delayed to the extent that the alterations satisfy the Minimum Alteration Standards (as defined below)in Lessor’s sole and absolute discretion, Lessee shall not (a) make any material Capital Additions on or structural alterations to the Leased Property, (b) materially enlarge or reduce the size of any the Facility or otherwise materially alter or affect (other than replacement thereof) any main Facility systems, including any main plumbing, electrical or heating, ventilating and air conditioning systems of any the Facility and/or (c) make any Capital Additions or other alterations which would tie in or connect with any improvements on property adjacent to the Land other than with respect to easements over such adjacent property entered into in accordance with the terms of this Lease (those alterations described in clauses (a), (b) or (c) above, collectively, the “Material Alterations”)Land. Lessee may, without Lessor’s prior written consent, make any alterations, additions, or improvements (collectively, “alterations”) to the Leased Property if such alterations are not Material Alterationsof the type described in either clause (a), (b) or (c) above, so long as in each case: (i) the same would do not be reasonably expected to (A) decrease the value of the Leased Property, (B) materially adversely affect the exterior appearance of the Leased Property, or (C) adversely affect the structural components of the Leased Improvements or the main electrical, mechanical, plumbing or ventilating and air conditioning systems for any the Facility, (ii) the same are consistent in terms of style, quality and workmanship to the original Leased Improvements and Fixtures, (iii) the same are constructed and performed in all material respects (such requirements in accordance with the foregoing clauses (i) provisions of Section 10.2 below and (ii), the “Minimum Alteration Standards”), and (iiiiv) the cost thereof does not exceed One Million Five Hundred Thousand Dollars exceed, in the aggregate, $50,000.00 for any twelve ($1,500,000.0012) with respect to any single project at a Facilitymonth period. Any other alterations (i.e., other than Material Alterationsalterations described in clauses (a), (b) or (c) above, and other than alterations which meet the foregoing requirements of clauses (i), (ii), (iii) and (iiiiv) above) shall be subject to Lessor’s prior written consent, which consent shall not be unreasonably conditioned, withheld or delayed to withheld. To the extent that the Lessor’s prior written consent shall be required in connection with any alterations satisfy the Minimum Alteration Standardsor Capital Additions, Lessor may impose such conditions thereon in connection with its approval thereof as Lessor deems appropriate. Notwithstanding the foregoing, Lessor agrees that painting, landscaping, and replacement of floor, wall and window coverings (the foregoing, collectively, “Cosmetic Alterationsminor alterations”) shall be deemed alterations which do not require Lessor’s consent, regardless of the cost thereof, so long as the same meet the requirements of clause clauses (ii) and (iii) above, and the provisions of Sections 10.2(c), (i), (j), (k) and (l) below shall not apply with respect to the performance of such minor alterations.

Construction of Capital Additions and Other Alterations to the Leased Property. Except with respect to the pre-existing alterations projects (the “Pre-existing Projects”) identified on Schedule 10.1 hereto (with respect to each of which the requirements of this Section 10.1 shall not apply), without Without the prior written consent of Lessor, which consent shall not may be unreasonably conditioned, given or withheld or delayed to the extent that the alterations satisfy the Minimum Alteration Standards (as defined below)in Lessor's sole and absolute discretion, Lessee shall not (a) make any material Capital Additions on or structural alterations to the Leased Property, (b) materially enlarge or reduce the size of any Facility or otherwise materially alter or affect (other than replacement thereof) any main Facility systems, including any main plumbing, electrical or heating, ventilating and air conditioning systems of any Facility and/or (c) make any Capital Additions or other alterations which would tie in or connect with any improvements on property adjacent to the Land other than with respect to easements over such adjacent property entered into in accordance with the terms of this Lease (those alterations described in clauses (a), (b) or (c) above, collectively, the “Material Alterations”)Land. Lessee may, without Lessor’s 's prior written consent, make any alterations, additions, or improvements (collectively, “"alterations”") to the Leased Property if such alterations are not Material Alterationsof the type described in either clause (a), (b) or (c) above, so long as in each case: (i) the same would do not be reasonably expected to (A) decrease the value of the Leased Property, (B) materially affect the exterior appearance of the Leased Property, or (C) adversely affect the structural components of the Leased Improvements or the main electrical, mechanical, plumbing or ventilating and air conditioning systems for any Facility, (ii) the same are consistent in terms of style, quality and workmanship to the original Leased Improvements and Fixtures, (iii) the same are constructed and performed in all material respects (such requirements in accordance with the foregoing clauses (i) provisions of Section 10.2 below and (ii), the “Minimum Alteration Standards”), and (iiiiv) the cost thereof does not exceed One Million Five Hundred Thousand Dollars exceed, in the aggregate, $50,000.00 for any twelve ($1,500,000.0012) month period with respect to any single project at a Facility. Any other alterations (i.e., other than Material Alterationsalterations described in clauses (a), (b) or (c) above, and other than alterations which meet the foregoing requirements of clauses (i), (ii), (iii) and (iiiiv) above) shall be subject to Lessor’s 's prior written consent, which consent shall not be unreasonably conditioned, withheld or delayed to withheld. To the extent that the Lessor's prior written consent shall be required in connection with any alterations satisfy the Minimum Alteration Standardsor Capital Additions, Lessor may impose such conditions thereon in connection with its approval thereof as Lessor deems appropriate. Notwithstanding the foregoing, Lessor agrees that painting, landscaping, and replacement of floor, wall and window coverings (the foregoing, collectively, “Cosmetic Alterations”) shall be deemed alterations which do not require Lessor’s 's consent, regardless of the cost thereof, so long as the same meet the requirements of clause clauses (ii) and (iii) above.