Common use of Facility Improvements Clause in Contracts

Facility Improvements. It is anticipated by the parties that certain improvements as more particularly described on Exhibit D of this Agreement as well as additional improvements to the Premises (the “Facility Improvements”) will be made to the Parking Facility by Landlord within a year after the Effective Date. Landlord will give Tenant thirty (30) days written notice prior to commencing work on the Facility Improvements. Upon completion of the Facility Improvements, Tenant shall pay Landlord for the actual and reasonable costs of those Facility Improvements listed on Exhibit F within thirty (30) days of written request by Landlord accompanied by invoices substantiating the cost; provided that Tenant’s Obligation to pay for any Facility Improvements shall not equal or exceed Thirty Thousand Dollars ($30,000.00). During the construction of the Facility Improvements, Landlord will engage in construction activities that may result disruptions, reductions or disturbances including, without limitation, any number of the following: i. The disruption of Tenant’s (and its employees and invitee’s) access to the Premises; ii. Construction related noise, dust and debris; and iii. The temporary disturbance of Tenant’s use and occupancy of the Premises. Landlord shall cause the Facility Improvements to be completed within the first year of the Term and to be completed within three (3) days of commencement of the Facility Improvements (“Facility Improvements Period”). Tenant shall be entitled to an abatement of Basic Rent for the period that the Parking Facility is not available for use by Tenant after expiration of the Facility Improvement Period. The Rent shall be prorated according to the portion of the Parking Facility not available for use during any period of time exceeding the Facility Improvement Period for the monthly rental period during which all or a portion of the Parking Facility is not available. The abatement shall equal to Tenant’s Rent for the period of time beyond the Facility Improvements Period that all or such portion of the Parking Facility is closed. Tenant agrees that the activities related to the Facility Improvements shall not constitute an actual or constructive eviction of Tenant, a default by Landlord under this Lease or a violation of Tenant’s right of quiet enjoyment.

Facility Improvements. It is anticipated by the parties that certain improvements as more particularly described on Exhibit D of this Agreement as well as additional improvements to the Premises (the “Facility Improvements”) will be made to the Parking Facility by Landlord within a year after the Effective Date. Landlord will give Tenant thirty (30) days written notice prior to commencing work on the Facility Improvements. Upon completion of the Facility Improvements, Tenant shall pay Landlord for the actual and reasonable costs of those Facility Improvements listed on Exhibit F within thirty (30) days of written request by Landlord Xxxxxxxx accompanied by invoices substantiating the cost; provided that TenantXxxxxx’s Obligation to pay for any Facility Improvements shall not equal or exceed Thirty Thousand Dollars ($30,000.00). During the construction of the Facility Improvements, Landlord will engage in construction activities that may result disruptions, reductions or disturbances including, without limitation, any number of the following: i. The disruption of Tenant’s (and its employees and invitee’s) access to the Premises; ii. Construction related noise, dust and debris; and iii. The temporary disturbance of Tenant’s use and occupancy of the Premises. Landlord shall cause the Facility Improvements to be completed within the first year of the Term and to be completed within three (3) days of commencement of the Facility Improvements (“Facility Improvements Period”). Tenant shall be entitled to an abatement of Basic Rent for the period that the Parking Facility is not available for use by Tenant after expiration of the Facility Improvement Period. The Rent shall be prorated according to the portion of the Parking Facility not available for use during any period of time exceeding the Facility Improvement Period for the monthly rental period during which all or a portion of the Parking Facility is not available. The abatement shall equal to TenantXxxxxx’s Rent for the period of time beyond the Facility Improvements Period that all or such portion of the Parking Facility is closed. Tenant agrees that the activities related to the Facility Improvements shall not constitute an actual or constructive eviction of Tenant, a default by Landlord under this Lease or a violation of Tenant’s right of quiet enjoyment.