Common use of Construction of Project and Other Improvements Clause in Contracts

Construction of Project and Other Improvements. It is specifically understood and agreed that Landlord has made no representation or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building or any part thereof and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as specifically set forth herein. Tenant acknowledges that Landlord may renovate, improve, alter, or modify (collectively, the “Renovations”) portions of the Project, the Building and/or the Premises including without limitation the parking structure, if any, Common Areas, systems and equipment, roof, and structural portions of the same following Tenant’s occupancy of the Premises, and that such Renovations may result in excess levels of noise, dust, obstruction of access, etc. which are in excess of that present in a fully constructed project Tenant hereby agrees that such Renovations and Landlord’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rent. Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such construction. Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from the Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord’s actions. Notwithstanding the foregoing, however, Landlord agrees to use commercially reasonable efforts to minimize the disruption to Tenant and its customers, employees and business caused by the Renovations.

Construction of Project and Other Improvements. It is specifically understood and agreed that Landlord has made no representation or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building or any part thereof and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as specifically set forth hereinherein or in the Work Letter, if applicable. Tenant acknowledges that Landlord may renovate, improve, alter, or modify (collectively, the “Renovations”) portions of the Project, the Building and/or the Premises including without limitation the parking structure, if any, Common Areas, systems and equipment, roof, and structural portions of the same following Tenant’s occupancy of the Premises, and that such Renovations may result in excess levels of noise, dust, obstruction of access, etc. which are in excess of that present in a fully constructed project Tenant hereby agrees that such Renovations and Landlord’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rent. Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such construction. Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from the Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord’s actions. Notwithstanding the foregoing, however, Landlord agrees to use commercially reasonable efforts to minimize the disruption to Tenant and its customers, employees and business caused by the Renovations.

Construction of Project and Other Improvements. It is specifically understood and agreed that Landlord has made no representation or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building or any part thereof and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as specifically set forth herein. Tenant acknowledges that Landlord may renovate, improve, alter, or modify (collectively, the “Renovations”) portions of the Project, the Building Project and/or the Premises including without limitation the parking structure, if any, Common Areas, systems and equipment, roof, and structural portions of the same Other Improvements may be subject to demolition or construction following Tenant’s occupancy of the Premises, and that such Renovations construction may result in excess levels of noise, dust, obstruction of access, etc. which are in excess of that present in a fully constructed project project. Except for any offset rights Tenant hereby agrees that such Renovations and Landlord’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant is otherwise entitled to any abatement of Rent. pursuant to Section 6.8, Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such demolition or construction. Additionally, Tenant acknowledges that the lobbies, elevators, carriage area parking and other Common Areas of the Building and Project may from time-to-time be renovated/reconstructed by Landlord (collectively, the “Construction”). The Construction is likely to create noise, dust, debris, and other disruption that may affect Tenant’s use of the Premises and Tenant’s use of and access to the Building. Certain areas, including areas of the Project and Parking Facilities, which are currently being used by tenants of the Project, including by Tenant, will be unavailable for use by tenants of the Project during portions of the Construction. Tenant hereby agrees that such Construction and Landlord’s actions in connection with such Construction shall in no way constitute a constructive eviction of Tenant nor, except as otherwise expressly set forth in Section 6.8, entitle Tenant to any abatement of Rent. Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the RenovationsConstruction, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the Premises, the whole or any part of the Premises Project or of Tenant’s personal property or improvements Building resulting from the Renovations Construction or Landlord’s actions in connection with such RenovationsConstruction, or for any inconvenience or annoyance occasioned by such Renovations Construction or Landlord’s actions; provided that the foregoing shall not limit Landlord’s liability, if any, pursuant to applicable law for personal injury and property damage to the extent caused by the gross negligence or willful misconduct of Landlord, its agents, employees or contractors. Notwithstanding anything to the foregoing, howevercontrary contained herein, Landlord agrees to use that in the event of any Construction: (i) Landlord shall not change the size, dimensions, location or Tenant’s Permitted Use of the Premises, (ii) Landlord shall make commercially reasonable efforts to minimize the disruption to Tenant Tenant’s business operations during standard business hours, and its customers, employees and business caused by the Renovations(iii) Tenant’s financial obligations under this Lease shall not be materially increased as a result of such Construction.

Construction of Project and Other Improvements. It is specifically understood and agreed that Landlord has made no representation or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building or any part thereof and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as specifically set forth herein. Tenant acknowledges that Landlord may renovate, improve, alter, or modify (collectively, the “Renovations”) portions of the Project, the Building Project and/or the Premises including without limitation the parking structure, if any, Common Areas, systems and equipment, roof, and structural portions of the same Other Improvements may be subject to demolition or construction following Tenant’s occupancy of the Premises, and that such Renovations construction may result in excess levels of noise, dust, obstruction of access, etc. which are in excess of that present in a fully constructed project Tenant hereby agrees that such Renovations and Landlord’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rentproject. Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such demolition or construction. Additionally, Tenant acknowledges that (i) currently a new office building project is being constructed in the area immediately adjacent and to the west of the Building, and (ii) the lobbies, elevators, carriage area parking and other Common Areas of the Building and Project are to be renovated/reconstructed by Landlord (collectively, the “Construction”). The Construction is likely to create noise, dust, debris, and other disruption that may affect Tenant’s use of the Premises and Tenant’s use of and access to the Building. Certain areas, including areas of the Project and parking structure, which are currently being used by tenants of the Building, including by Tenant, will be unavailable for use by tenants of the Building during portions of the Construction. Tenant hereby agrees that such Construction and Landlord’s actions in connection with such Construction shall in no way constitute a constructive eviction of Tenant nor, except as otherwise expressly set forth in the Lease, entitle Tenant to any abatement of Rent. Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the RenovationsConstruction, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the Premises, the whole or any part of the Premises Project or of Tenant’s personal property or improvements Building resulting from the Renovations Construction or Landlord’s actions in connection with such RenovationsConstruction, or for any inconvenience or annoyance occasioned by such Renovations Construction or Landlord’s actions. Notwithstanding anything to the foregoing, however, contrary contained in this Section 29.29. Landlord agrees to shall use commercially reasonable efforts to minimize any interference with Tenant’s use and enjoyment of the disruption to Tenant Premises, the Building and its customers, employees and business caused by the RenovationsProject as a result of such Construction.

Construction of Project and Other Improvements. It is specifically understood and agreed that Landlord has made no representation or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building or any part thereof and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as specifically set forth herein. Tenant acknowledges that Landlord may renovate, improve, alter, or modify (collectively, the “Renovations”) portions of the Project, the Building Project and/or the Premises including without limitation the parking structure, if any, Common Areas, systems and equipment, roof, and structural portions of the same Other Improvements may be subject to demolition or construction following Tenant’s occupancy of the Premises, and that such Renovations construction may result in excess levels of noise, dust, obstruction of access, etc. which are in excess of that present in a fully constructed project project. Except for any offset rights Tenant hereby agrees that such Renovations and Landlord’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant is otherwise entitled to any abatement of Rent. pursuant to Section 6.8, Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such demolition or construction. Additionally, Tenant acknowledges that the lobbies, elevators, carriage area parking and other Common Areas of the Building and Project may from time-to-time be renovated/reconstructed by Landlord (collectively, the “Construction”). The Construction is likely to create noise, dust, debris, and other disruption that may affect Tenant’s use of the Premises and Tenant’s use of and access to the Building. Certain areas, including areas of the Project and Parking Facilities, which are currently being used by tenants of the Project, including by Tenant, will be unavailable for use by tenants of the Project during portions of the Construction. Tenant hereby agrees that such Construction and Landlord’s actions in connection with such Construction shall in no way constitute a constructive eviction of Tenant nor, except as otherwise expressly set forth in Section 6.8, entitle Tenant to any abatement of Rent. Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the RenovationsConstruction, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from the Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord’s actions. Notwithstanding the foregoing, however, Landlord agrees to use commercially reasonable efforts to minimize the disruption to Tenant and its customers, employees and business caused by the Renovations.or

Construction of Project and Other Improvements. It is specifically understood and agreed that Landlord has made no representation or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building or any part thereof and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as specifically set forth herein. Tenant acknowledges that Landlord may renovate, improve, alter, portions of the Project and/or portions of the Project or modify property adjacent to the Project (collectively, the “Renovations”"OTHER IMPROVEMENTS") portions of the Project, the Building and/or the Premises including without limitation the parking structure, if any, Common Areas, systems and equipment, roof, and structural portions of the same following may be subject to demolition or construction during Tenant’s 's occupancy of the Premises, either by Landlord or any other entity, and that such Renovations demolition and/or construction may result in excess levels of noise, dust, obstruction of access, etc. which are in excess of that present in a fully constructed project Tenant hereby agrees that such Renovations and Landlord’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rentproject. Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such demolition or construction. Additionally, Tenant acknowledges that (i) currently a new office building project is being constructed in the area immediately adjacent and to the west of the Building, and (ii) the lobbies, elevators, carriage area parking and other Common Areas of the Building and Project are to be renovated/reconstructed by Landlord (collectively, the "Construction"). The Construction is likely to create noise, dust, debris, and other disruption that may affect Tenant's use of the Premises and Tenant's use of and access to the Building. Certain areas, including areas of the Project and parking structure, which are currently being used by tenants of the Building, including by Tenant, will be unavailable for use by tenants of the Building during portions of the Construction. Tenant hereby agrees that such Construction and Landlord's actions in connection with such Construction shall in no way constitute a constructive eviction of Tenant nor, except as otherwise expressly set forth in the Lease, entitle Tenant to any abatement of Rent. Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s 's business arising from the RenovationsConstruction, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the Premises, the whole or any part of the Premises Project or of Tenant’s personal property or improvements Building resulting from the Renovations Construction or Landlord’s 's actions in connection with such RenovationsConstruction, or for any inconvenience or annoyance occasioned by such Renovations Construction or Landlord’s 's actions. Notwithstanding the foregoing, however, Landlord agrees to use commercially reasonable efforts to minimize the disruption to Tenant and its customers, employees and business caused by the Renovations.