Elective Improvements Sample Clauses

Elective Improvements. Subject to the provisions of Section 11.6 below, if [***] Gogo offers to any general commercial airline connectivity services (whether or not supported by one or more of the Technology Types within the scope of this Agreement) that American reasonably believes to have any material service or materially enhanced functionality or reliability as compared to the Connectivity Services then available on American [***]and American requests such service, functionality or reliability on some or all Retrofit A/C, [***], within a reasonable period of time Gogo will upgrade or replace the Equipment on such Retrofit A/C such that the System provided on such Retrofit A/C hereunder includes such service, functionality or reliability and/or costs. In addition, from time to time during the Term, Gogo may wish to upgrade or improve the System on some or all Retrofit A/C, at no charge to American, to enhance the System’s functionality and/or the Users’ experience and/or lower Gogo’s costs. In such event, Gogo will provide written notice to American that identifies the proposed upgrade and the amount of time and process required for implementation of same. Upon receipt of American’s approval of the upgrade, which shall not be unreasonably withheld but if applicable will include agreement on the sharing of the cost reductions, and any required testing, Gogo will proceed to implement the upgrade, and the applicable Specifications and other provisions of this Agreement will be revised as needed. For purposes of clarification, the parties acknowledge and agree that this Section also applies to Ancillary Services..
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Elective Improvements. In addition to the required Trespass Controls, and with Grantor’s prior written consent, not to be unreasonably withheld, conditioned or delayed, the Town may elect to install certain improvements that are consistent with and supportive of the Recreational Access purpose of the Grantor Property, including but not limited to discretionary Trespass Controls (i.e., physical barriers and marking of Grantor Property limits), groomed trail surfaces, trash receptacles, picnic tables, clearing of vegetation (brush, trees, bushes, etc.) adjacent to trail improvements, information signage, and similar improvements.
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Elective Improvements. I. In the event that Lessor desires to construct an improvement on the premises that is not a required improvement during the term of this Agreement, such improvement may be installed by Lessor, at Lessor’s expense, without written approval of Lessee so long as it does not substantially interfere with Lessee’s use and enjoyment of the premises. A Lessor improvement that will substantially interfere with Lessee’s use and enjoyment of the premises must first receive the written approval of Lessee. II. In the event that Lessee desires to construct an improvement on the premises that is not a required improvement, then the same approval process from Paragraph A above shall apply. However, Lessor may make a determination that the proposed improvement does not share a sufficient nexus to the services to be provided hereunder and such determination shall not be deemed to be unreasonably withholding of approval. At the discretion of the Lessor, Lessor may condition the approval of such an improvement on Lessee’s agreement to, upon request of the Lessor, remove the improvement at Lessee’s sole expense.
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Related to Elective Improvements

  • Initial Improvements (a) The final space plan (the “Space Plan”) for the Premises, mutually approved by the Parties is attached as Appendix 1. (b) Landlord shall cause the Base Building Improvements (the “Base Building Improvements”) described on Appendix 2 to be completed in accordance with the plans and specifications (the “Building Plans”) prepared by Landlord, the Building Standards and Specifications (the “Building Standards”) attached as Appendix 3 and Laws. The Base Building Improvements shall be made, and the Building Plans shall be prepared, at Landlord’s sole cost and expense, except that any changes, alterations, modifications or upgrades to: (i) the Base Building Improvements or the Building Plans requested by Tenant and approved by Landlord; or (ii) the Tenant Improvements or the Tenant Improvement Plans (both defined below) that result in changes, alterations, modifications or upgrades to the Base Building Improvements or the Building Plans, shall be made at Tenant’s sole cost and expense. (c) Landlord shall also cause the Tenant Improvements (the “Tenant Improvements”) described on Appendix 2 to be completed in accordance with the Space Plan, the plans and specifications (including the tenant finishes) (the “Tenant Improvement Plans”) approved by the Parties, the Building Standards and Laws. Subject to the last sentence of this subparagraph (c), the Tenant Improvements shall be made, and the Tenant Improvement Plans shall be prepared, at Landlord’s cost and expense, except to the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards. To the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards, such variance shall be made at Tenant’s sole cost and expense. Notwithstanding the foregoing to the contrary, Tenant shall pay to Landlord all costs incurred or payable by Landlord in making the Balconies accessible and usable by Tenant within ten (10) business days after the receipt of an invoice therefor, accompanied by such detail as may reasonably be requested by Tenant, which invoice may be delivered prior to the commencement of construction. (The Base Building Improvements and the Tenant Improvements are referred to in this Exhibit collectively as the “Initial Improvements.”) The Initial Improvements shall be completed free of any mechanics’ liens, except to the extent of any dispute in connection therewith, in which case Landlord shall adequately protect the Property from the foreclosure of any such lien. (d) Landlord shall cause the Tenant Improvement Plans to be prepared by a registered professional architect and mechanical and electrical engineer(s). Landlord shall furnish the initial draft of the Tenant Improvement Plans to Tenant for Tenant’s review and approval. Tenant shall within three (3) business days after receipt either provide comments to such Tenant Improvement Plans or approve the same. Tenant shall be deemed to have approved such Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plans. If Tenant provides Landlord with comments to the initial draft of the Tenant Improvement Plans, Landlord shall provide revised Tenant Improvement Plans to Tenant incorporating Tenant’s comments within three (3) business days after receipt of Tenant’s comments. Tenant shall within three (3) business days after receipt then either provide comments to such revised Tenant Improvement Plans or approve such Tenant Improvement Plans. Tenant shall be deemed to have approved such revised Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plans. The process described above shall be repeated, if necessary, until the Tenant Improvement Plans have finally been approved by Tenant. (e) Landlord shall provide project management services in connection with the construction of the Initial Improvements and the Change Orders (defined below). Such project management services shall be performed without cost to Tenant, except for Change Orders, which shall be performed for a fee of five percent (5%) of all costs related to the construction of the Change Orders. Tenant may, at Tenant’s discretion and sole cost and expense, engage a representative to oversee construction activities on Tenant’s behalf. Said representative shall coordinate its efforts with Landlord’s project manager and/or contractor, shall have full access to all information and documentation with respect to the Tenant Improvements and may be engaged throughout the design and construction process of the Tenant Improvements.

  • ALTERATIONS & IMPROVEMENTS Tenant shall not make any alterations, additions or improvements or do any type of construction to the Property without first obtaining Landlord's written consent. Unless prior written agreement is reached between Tenant and Landlord, any such alterations, additions, improvements or construction shall become part of the Property and shall remain at the expiration of Tenant's Lease term. If Landlord approves of alterations, additions, improvements or construction in writing and Tenant intends to use contractors to undertake such work, the contractors must first be approved in writing by Landlord. Tenant must also place any funds to cover the amount of any alterations, additions, improvements or construction in an escrow account approved by Landlord before the commencement of the work. Landlord shall designate the times and manner of the work being done, exclusively.

  • Needs Improvement the Educator’s performance on a standard or overall is below the requirements of a standard or overall, but is not considered to be unsatisfactory at this time. Improvement is necessary and expected.

  • Existing Improvements All improvements located on the Site as of the date of execution of the Construction Contract, whether above or below the surface of the ground, including but not limited to existing buildings, utilities, infrastructure improvements and other facilities.

  • Lessee Improvements Lessee shall not make or allow to be made any alterations or physical additions in or to the leased premises without first obtaining the written consent of Lessor, which consent shall not be unreasonably withheld. Any alterations, physical additions or improvements to the leased premises made by Lessee shall at once become the property of Lessor and shall be surrendered to Lessor upon the termination of this Lease provided that Lessee shall be entitled to retain the property listed on Exhibit A attached hereto, and provided further that, Lessor, at its option, may require Lessee to remove any physical additions and/or repair any alterations in order to restore the leased premises to the condition existing at the time Lessee took possession, reasonable wear and tear excepted, all costs of removal and/or alterations to be borne by Lessee. This clause shall not apply to moveable equipment of furniture owned by Lessee, which may be removed by Lessee at the end of the term of this Lease if Lessee is not then in default and if such equipment and furniture are not then subject to any other rights, liens and interests of Lessor.