Common use of Definitions; Consent Required Clause in Contracts

Definitions; Consent Required. The term “Utility Installations” is used in this Lease to refer to all air lines, power panels, electrical distribution, security, fire protection systems, communications systems, lighting fixtures, heating, ventilating and air conditioning equipment, plumbing, and fencing in, on or about the Premises. The term “Trade Fixtures” shall mean Tenant’s machinery and equipment, which can be removed without doing damage to the Premises. The term “Alterations” shall mean any modification of the improvements on the Premises, which are made by Tenant, with Landlord’s prior written approval, under the terms of this Lease, other than Utility Installations or Trade Fixtures. “Tenant-Owned Alterations and/or Utility Installations” are defined as Alterations and/or Utility Installations made by Tenant that are not yet owned by Landlord pursuant to Subparagraph 6.4 (a). Except in accordance with the Leasehold Improvement Exhibit attached as Exhibit B to this Lease, Tenant shall not make nor cause to be made any Alterations or Utility Installations in, on, under or about the Premises without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. If Landlord fails to respond within (10) business days to any request for consent to any Alterations or Utility Installations from Tenant (including the receipt of any plans, if applicable), then Tenant may give to Landlord a second written notice, which written notice must contain the caption “Notice of Deemed Approval of Alterations,” reiterating the request that Landlord approve or disapprove of the Alterations and/or Utility Installations and stating that, if Landlord fails to do so within five (5) business days after the receipt by Landlord of such second notice from Tenant, Landlord shall be deemed to have approved the Alterations and/or Utility Installations. If Landlord fails to approve or disapprove the Alterations and/or Utility Installations within such five (5) business day period, Landlord shall be deemed to have approved the Alterations and/or Utility Installations. The provisions of this Paragraph 6.3 shall not apply to the Leasehold Improvements made by Tenant pursuant to the Leasehold Improvement Exhibit attached as Exhibit B to this Lease.

Definitions; Consent Required. The term “Utility Installations” "UTILITY INSTALLATIONS" is used in this Lease to refer to all air lines, power panels, electrical distribution, security, fire protection systems, communications systems, lighting fighting fixtures, heating, ventilating and air conditioning equipment, plumbing, and fencing in, on or about the Premises. The term “Trade Fixtures” "TRADE FIXTURES" shall mean Tenant’s Lessee's machinery and equipment, equipment which can be removed without doing material damage to the Premises. The term “Alterations” "ALTERATIONS" shall mean any modification of the improvements on the Premises, Premises which are made provided by Tenant, with Landlord’s prior written approval, Lessor under the terms of this Lease, other than Utility Installations or Trade Fixtures. “Tenant"LESSEE-Owned Alterations and/or Utility Installations” OWNED ALTERATIONS AND/OR UTILITY INSTALLATIONS" are defined as Alterations and/or Utility Installations made by Tenant Lessee that are not yet owned by Landlord Lessor pursuant to Subparagraph 6.4 (aParagraph 7.4(a). Except in accordance with the Leasehold Improvement Exhibit attached as Exhibit B to this Lease, Tenant Lessee shall not make nor cause to be made any Alterations or Utility Installations in, on, under or about the Premises without Landlord’s Lessor's prior written consent. Lessee may, however, make non-structural Utility Installations to the interior of the Premises (excluding the roof) without Lessor's consent but upon notice to Lessor, so long as they are not visible from the outside of the Premises, do not involve puncturing, relocating or removing the roof or any existing walls, or changing or interfering with the fire sprinkler or fire detection systems and the cumulative cost thereof during the term of this Lease as extended does not exceed $10,000.00. In the event Lessee elects to make additional alterations to the Premises, all the improvements shall be completed by Lessee in a good workmanship manner, and are subject to approval of the City of Simi Valley and Lessor's approval of the final plans and specifications, which consent shall not be unreasonably withheld, conditioned withheld or delayed. If Landlord fails to respond within (10) business days to Lessee, at Lessee's option, shall not be responsible for removing any request for consent to any Alterations or Utility Installations from Tenant (including the receipt of any plans, if applicable), then Tenant may give to Landlord a second written notice, which written notice must contain the caption “Notice of Deemed Approval of Alterations,” reiterating the request that Landlord approve or disapprove of the Alterations and/or Utility Installations and stating that, if Landlord fails to do so within five (5) business days above improvements after the receipt by Landlord expiration of such second notice from Tenant, Landlord shall be deemed to have approved the Alterations and/or Utility Installations. If Landlord fails to approve or disapprove the Alterations and/or Utility Installations within such five (5) business day period, Landlord shall be deemed to have approved the Alterations and/or Utility Installations. The provisions of this Paragraph 6.3 shall not apply to the Leasehold Improvements made by Tenant pursuant to the Leasehold Improvement Exhibit attached as Exhibit B to this Leaselease.

Definitions; Consent Required. The term “Utility Installations” "UTILITY INSTALLATIONS" is used in this Lease to refer to all air lines, power panels, electrical distribution, security, fire protection systems, communications systems, lighting fixtures, heating, ventilating and air conditioning equipment, plumbing, and fencing in, on or about the Premises. The term “Trade Fixtures” "TRADE FIXTURES" shall mean Tenant’s Lessee's machinery and equipment, equipment which can be removed without doing material damage to the Premises. The term “Alterations” "ALTERATIONS" shall mean any modification of the improvements on the Premises, Premises which are made financed by Tenant, with Landlord’s prior written approval, the Lessor and installed by the Lessee under the terms of this Lease, other than Utility Installations or Trade Fixtures. “Tenant"LESSEE-Owned Alterations and/or Utility Installations” OWNED ALTERATIONS AND/OR UTILITY INSTALLATIONS" are defined as Alterations and/or Utility Installations made by Tenant Lessee that are not financed by the Lessor and not yet owned by Landlord Lessor pursuant to Subparagraph 6.4 (aParagraph 7.4(a). Except in accordance with the Leasehold Improvement Exhibit attached as Exhibit B to this Lease, Tenant Lessee shall not make nor cause to be made any Alterations or Utility Installations in, on, under or about the Premises without Landlord’s Lessor's prior written consent. Lessee may, which consent shall not be unreasonably withheldhowever, conditioned or delayed. If Landlord fails to respond within (10) business days to any request for consent to any Alterations or make non-structural Utility Installations from Tenant (including to the receipt of any plans, if applicable), then Tenant may give to Landlord a second written notice, which written notice must contain the caption “Notice of Deemed Approval of Alterations,” reiterating the request that Landlord approve or disapprove interior of the Alterations and/or Utility Installations Premises (excluding the roof) without Lessor's consent but upon notice to Lessor, so long as they are not visible from the outside of the Premises, do not involve puncturing, relocating or removing the roof or any existing walls, or changing or interfering with the fire sprinkler or fire detection systems and stating that, if Landlord fails to do so within five (5) business days after the receipt by Landlord of such second notice from Tenant, Landlord shall be deemed to have approved cumulative cost thereof during the Alterations and/or Utility Installations. If Landlord fails to approve or disapprove the Alterations and/or Utility Installations within such five (5) business day period, Landlord shall be deemed to have approved the Alterations and/or Utility Installations. The provisions term of this Paragraph 6.3 shall Lease as extended does not apply to the Leasehold Improvements made by Tenant pursuant to the Leasehold Improvement Exhibit attached as Exhibit B to this Leaseexceed $5,000.

Definitions; Consent Required. The term “"Utility Installations” " is used in this Lease to refer to all air lines, power panels, electrical distribution, security, fire protection systems, communications systems, lighting fixtures, heating, ventilating and air conditioning equipment, plumbing, and fencing in, on on, or about the Premises. The term “"Trade Fixtures” " shall mean Tenant’s 's machinery and equipment, equipment which can be removed without doing material damage to the Premises. The term “"Alterations” " shall mean any modification of the improvements on the Premises, Premises which are made provided by Tenant, with Landlord’s prior written approval, Landlord under the terms of this Lease, other than Utility Installations or Trade Fixtures. “"Tenant-Owned Alterations and/or Utility Installations” " are defined as Alterations and/or Utility Installations made by Tenant that are not yet owned by Landlord pursuant to Subparagraph 6.4 (aSection 8.4(a). Except in accordance with the Leasehold Improvement Exhibit attached as Exhibit B to this Lease, Tenant shall not make nor cause to be made any Alterations or Utility Installations in, on, under or about the Premises without Landlord’s 's prior written consent. Tenant may, which consent shall not be unreasonably withheldhowever, conditioned or delayed. If Landlord fails to respond within (10) business days to any request for consent to any Alterations or make non-structural Utility Installations from Tenant (including to the receipt of any plans, if applicable), then Tenant may give to Landlord a second written notice, which written notice must contain the caption “Notice of Deemed Approval of Alterations,” reiterating the request that Landlord approve or disapprove interior of the Alterations and/or Utility Installations Premises (excluding the roof) without Landlord's consent but upon notice to Landlord, so long as they are not visible from the outside of the Premises, are not a water fixture, do not involve puncturing, relocating or removing the roof or any existing walls or changing or interfering with the fire sprinkler or fire detection systems or the heating, air conditioning and stating thatventilating systems, if Landlord fails to do so within five (5) business days and the cost thereof during the Term of this Lease as extended does not exceed * per occurrence or a cumulative total of *; after the receipt by Landlord of which Tenant must seek Landlord's consent for such second notice from Tenant, Landlord shall be deemed to have approved the Alterations and/or Utility Installations. If Landlord fails Under no circumstances is Tenant allowed to approve or disapprove the Alterations and/or Utility Installations within such five (5) business day period, Landlord shall be deemed to have approved the Alterations and/or Utility Installations. The provisions of this Paragraph 6.3 shall not apply add water fixtures to the Leasehold Improvements made by Tenant pursuant to the Leasehold Improvement Exhibit attached as Exhibit B to this LeasePremises.

Definitions; Consent Required. The term “Utility Installations” "UTILITY INSTALLATIONS" is used in this Lease to refer to all carpeting, window coverings, air lines, power panels, electrical distribution, security, security fire protection systems, communications removable office partitions, communication systems, computer systems and cabling, lighting fixtures, heating, ventilating ventilating, and air conditioning equipment, plumbing, and fencing in, on or about the Premises. The term “Trade Fixtures” "TRADE FIXTURES" shall mean Tenant’s Lessee's machinery and equipment, which equipment that can be removed without doing material damage to the Premises. The term “Alterations” "ALTERATIONS" shall mean any modification of the improvements on the Premises, Premises from that which are made provided by Tenant, with Landlord’s prior written approval, Lessor under the terms of this Lease, other than Utility Installations or Trade Fixtures, whether by addition or deletion. “Tenant-Owned Alterations and/or Utility Installations” "LESSEE OWNED ALTERATIONS AND/OR UTILITY INSTALLATIONS" are defined as Alterations and/or Utility Installations made by Tenant Lessee that are not yet owned by Landlord pursuant to Subparagraph 6.4 (aLessor as defined in Paragraph 7.4(a). Except in accordance with the Leasehold Improvement Exhibit attached as Exhibit B to this Lease, Tenant Lessee shall not make nor cause to be made any Alterations or Utility Installations in, on, under or about the Premises without Landlord’s Lessor's prior written consent, which consent shall not be unreasonably withheldwithheld and provided that if Lessor shall have not responded to Lessee's written request, conditioned or delayed. If Landlord fails to respond within (10) business days to any request for consent to any Alterations or Utility Installations from Tenant (including the receipt of any plans, if applicable), then Tenant may give to Landlord a second written notice, which written notice must contain the caption “Notice of Deemed Approval of Alterations,” reiterating the request that Landlord approve or disapprove of the make such Alterations and/or Utility Installations and stating thatwithin 14 calendar days of Lessor's receipt of same, if Landlord fails to do so within five (5) business days after the receipt by Landlord of such second notice from Tenant, Landlord Lessor shall be deemed to have approved the such Alterations and/or Utility Installations. If Landlord fails The obligation or Lessor to approve respond within 14 calendar days of receipt of Lessee's written notice shall not be construed to require that Lessor consent to or disapprove the of such Alterations and/or Utility Installations within such five (5) business day period, Landlord shall be deemed but Lessor will agree or disagree within a reasonable period of time. Lessee may make non-structural Utility Installations to have approved the Alterations and/or Utility Installations. The provisions interior of the Premises (excluding the roof), as long as they are not visible from the outside, do not involve puncturing, relocating or removing the roof or any existing walls, and the cumulative cost exclusive of the cost of removable office partitions, computer and communication systems and cabling, thereof during the term of this Paragraph 6.3 shall Lease does not apply to the Leasehold Improvements made by Tenant pursuant to the Leasehold Improvement Exhibit attached as Exhibit B to this Leaseexceed $25,000.

Definitions; Consent Required. The term “Utility Installations” is used in this Lease to refer refers to all floor and window coverings, air lines, power panels, electrical distribution, security, security and fire protection systems, communications communication systems, lighting fixtures, heating, ventilating ventilation and air conditioning equipmentequipment (“HVAC”), plumbing, and fencing in, in or on or about the Premises; including, without limitation, any and all of the same which may exist in the Premises as of the Commencement Date. The term “Trade Fixtures” shall mean TenantLessee’s machinery and equipment, which equipment that can be installed and removed without doing material damage to the Premises; including, without limitation, any and all of the same which may exist in the Premises as of the Commencement Date. The term “Alterations” shall mean any modification of the improvements on the Premises, which are made by Tenant, with Landlord’s prior written approval, under the terms of this Lease, (other than Utility Installations or Trade Fixtures) whether by addition or deletion; including, without limitation, any and all of the same which may exist in the Premises as of the Commencement Date. “Tenant-Lessee Owned Alterations and/or Utility Installations” are defined as Alterations and/or Utility Installations made by Tenant Lessee that are not yet owned by Landlord Lessor pursuant to Subparagraph 6.4 (aParagraph 7.4(a). Except in accordance with the Leasehold Improvement Exhibit attached as Exhibit B to this Lease, Tenant Lessee shall not make nor cause to be made any Alterations or Utility Installations in, on, under or about to the Premises without LandlordLessor’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. If Landlord fails to respond within ; provided, however, that, Lessee may make Permitted Alterations (10defined below) business days to any request for consent to any Alterations or Utility Installations from Tenant (including the receipt of any plans, if applicable), then Tenant may give to Landlord a second written notice, which upon prior written notice must contain to Lessor, but without the caption need to obtain Lessor’s prior written consent. “Notice of Deemed Approval of Permitted Alterations,” reiterating the request that Landlord approve or disapprove of the means any Alterations and/or Utility Installations to the interior of the Premises (excluding the roof), which (i) do not affect the structural components of the Building or building systems, (ii) are not visible from the outside, (iii) do not involve puncturing, relocating or removing the roof, and stating that, if Landlord fails to (iv) do so within five not cost more than Seventy-Five Thousand Dollars (5$75,000.00) business days after the receipt by Landlord of such second notice from Tenant, Landlord shall be deemed to have approved the Alterations per Alteration and/or Utility Installations. If Landlord fails to approve or disapprove the Alterations and/or Utility Installations within such five (5) business day period, Landlord shall be deemed to have approved the Alterations and/or Utility Installations. The provisions of this Paragraph 6.3 shall not apply to the Leasehold Improvements made by Tenant pursuant to the Leasehold Improvement Exhibit attached as Exhibit B to this LeaseInstallation.

Definitions; Consent Required. The term “"Utility Installations” is used in this Lease to refer " refers to all floor and window coverings, air lines, power panels, electrical distribution, security, security and fire protection systems, communications communication systems, lighting fixtures, heating, ventilating and air conditioning HVAC equipment, plumbing, and fencing in, in or on or about the Premises. The term “"'Trade Fixtures” " shall mean Tenant’s Lessee's machinery and equipment, equipment installed in the Premises by or for Lessee and which can be removed without doing is used primarily for the purpose of conducting Lessee's Permitted Use. Lessee shall pay all costs to restore any damage caused to the PremisesPremises by such removal. The term “"Alterations” " shall mean any modification of the improvements on the Premises, which are made by Tenant, with Landlord’s prior written approval, under the terms of this Leaseimprovements, other than Utility Installations installations or Trade Fixtures, whether by addition or deletion. “Tenant-"Lessee Owned Alterations and/or Utility Installations” " are defined as Alterations and/or Utility Installations made by Tenant Lessee that are not yet owned by Landlord Lessor pursuant to Subparagraph 6.4 (aParagraph 7.4(a). Except in accordance with the Leasehold Improvement Exhibit attached as Exhibit B to this Lease, Tenant Lessee shall not make nor cause to be made any Alterations or Utility Installations in, on, under or about to the Premises without Landlord’s Lessor's prior written consent, which consent shall not be unreasonably withheld. Lessee may, conditioned however, make non-structural Utility Installations to the interior of the Premises (excluding the roof) without such consent but upon notice to Lessor, as long as they are not visible from the outside, do not involve puncturing, relocating or delayedremoving the roof or any existing walls, and the cumulative cost thereof during this Lease as extended does not exceed $50,000 in the aggregate or $10,000 in any one year. Lessee may remove all of its Trade Fixtures, so long as it repairs any damage done to the Premises as a result of such removal. If Landlord fails the Lease expires or is terminated prior to respond within (10) business days to any request for consent to any Alterations or Utility Installations from Tenant (including the receipt end of any plans, if applicable)the eighth anniversary of the Commencement Date, then Tenant may give to Landlord Lessee shall reimburse Lessor for a second written notice, which written notice must contain the caption “Notice of Deemed Approval of Alterations,” reiterating the request that Landlord approve or disapprove fraction of the Alterations reasonable costs of removing any improvements to the Premises as necessary to restore the Premises to a condition readily usable for warehousing and/or Utility Installations and stating that, if Landlord fails to do so within five (5) business days after the receipt by Landlord general purpose light manufacturing. The numerator of such second notice from Tenant, Landlord said fraction shall be deemed the number of full calendar months remaining prior to have approved the Alterations and/or Utility Installationseighth anniversary of the Commencement Date, and the denominator of said fraction shall be 96. If Landlord fails to approve the eighth anniversary of the Commencement Date shall have passed at the time the Lease expires or disapprove the Alterations and/or Utility Installations within such five (5) business day periodotherwise terminates, Landlord shall be deemed to have approved the Alterations and/or Utility Installations. The provisions of this Paragraph 6.3 then Lessee shall not apply be required to incur any expense with respect to the Leasehold Improvements made by Tenant pursuant removal of said items. Regardless of the above, Lessee shall in all events return the slab inside the Premises to the Leasehold Improvement Exhibit attached as Exhibit B to this Leasea smooth, level condition.

Definitions; Consent Required. The term “Utility Installations” "UTILITY INSTALLATIONS" is used in this Lease to refer to all air lines, power panels, electrical distribution, security, fire protection systems, communications systems, lighting fixtures, heating, ventilating and air conditioning equipment, plumbing, and fencing in, on or about the Premises. The term “Trade Fixtures” "TRADE FIXTURES" shall mean Tenant’s Lessee's machinery and equipment, equipment which can be removed without doing material damage to the Premises. The term “Alterations” "ALTERATIONS" shall mean any modification of the improvements on the Premises, Premises which are made provided by Tenant, with Landlord’s prior written approval, Lessor under the terms of this Lease, other than Utility Installations or Trade Fixtures. “Tenant"LESSEE-Owned Alterations and/or Utility Installations” OWNED ALTERATIONS AND/OR UTILITY INSTALLATIONS" are defined as Alterations and/or Utility Installations made by Tenant Lessee that are not yet owned by Landlord Lessor pursuant to Subparagraph 6.4 (aParagraph 7.4(a). Except in accordance with the Leasehold Improvement Exhibit attached as Exhibit B to this Lease, Tenant Lessee shall not make nor cause to be made any Alterations or Utility Installations in, on, under or about the Premises without Landlord’s Lessor's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. If Landlord fails to respond within unless (10a) business days to any request for consent to any Alterations the cost of said Alteration or Utility Installations from Tenant Installation does not exceed $5,000.00; and (including the receipt of b) said Alteration or Utility Installation does not affect any plans, if applicable), then Tenant may give to Landlord a second written notice, which written notice must contain the caption “Notice of Deemed Approval of Alterations,” reiterating the request that Landlord approve structural or disapprove exterior portions of the Alterations and/or Building or Industrial Center, or adversely affect the Building or Industrial Center's electrical, plumbing or HVAC systems. Lessee may make non-structural Utility Installations to the interior of the Premises (excluding the roof) without Lessor's consent but upon notice to Lessor, so long as they are not visible from the outside of the Premises, do not involve puncturing, relocating or removing the roof or any existing walls, or changing or interfering with the fire sprinkler or fire detection systems and stating that, if Landlord fails to do so within five (5) business days after the receipt by Landlord of such second notice from Tenant, Landlord shall be deemed to have approved cumulative cost thereof during the Alterations and/or Utility Installations. If Landlord fails to approve or disapprove the Alterations and/or Utility Installations within such five (5) business day period, Landlord shall be deemed to have approved the Alterations and/or Utility Installations. The provisions term of this Paragraph 6.3 shall Lease as extended does not apply to the Leasehold Improvements made by Tenant pursuant to the Leasehold Improvement Exhibit attached as Exhibit B to this Leaseexceed $2,500.00.