Common use of Improvements and Fixtures Clause in Contracts

Improvements and Fixtures. a. Tenant shall neither make nor allow any alterations, decorations, replacements, changes, additions or improvements (collectively referred to as “Alterations”) to the Premises or any part thereof that will or may affect the mechanical, electrical, plumbing, HVAC or other systems or the exterior or structure of the Building, without the prior written consent of Landlord, which may be withheld by Landlord in its sole discretion. Tenant shall not make or allow any other kind of Alterations to the Premises or any part thereof without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. All of such Alterations, structural or otherwise, must conform to (i) the Construction Rules and Regulations (as defined in the Work Agreement); and (ii) such other rules and regulations as are established from time to time by Landlord. All Alterations must be performed in a good and workmanlike manner, must comply with all applicable building codes, laws and regulations (including, without limitation, the Americans With Disabilities Act, as amended), shall not require any changes to or modifications of any of the mechanical, electrical, plumbing, HVAC or other systems or the exterior or structure of the Building, and shall otherwise be constructed in strict accordance with the terms and conditions of this Section 8. Notwithstanding anything to the contrary contained herein, Tenant shall have the right to make Cosmetic Alterations (hereinafter defined) in or to the Premises without Landlord’s prior consent, but upon at least ten (10) days prior written notice to Landlord. As used herein, the term “Cosmetic Alterations” shall mean nonstructural Alterations in or to the Premises (e.g., paint, wallpaper or carpet) which are consistent with the design standards of the Tenant Improvements, which do not require a building permit to undertake, which cost in the aggregate less than Thirty Thousand Dollars ($30,000.00) to undertake, and which do not affect the structure or any of the systems of the Building. Tenant shall certify to Landlord in writing at least ten (10) days prior to undertaking any Cosmetic Alterations that the proposed Alterations are Cosmetic Alterations and describing the same in detail. If Landlord determines, in its reasonable discretion, that the proposed Alterations are not Cosmetic Alterations, Tenant shall request Landlord’s consent for such Alterations in accordance with this Section 8. If any Alterations made by or on behalf of Tenant requires Landlord to make any alterations or improvements to any part of the Building in order to comply with applicable law (including without limitation the Americans With Disabilities Act, as amended), Tenant shall pay all costs and expenses incurred by Landlord in connection with such alterations or improvements. Prior to undertaking any Alterations in the Premises, Tenant shall furnish to Landlord duplicate original policies or certificates thereof of worker’s compensation insurance (covering all persons to be employed by Tenant, and Tenant’s contractors and subcontractors in connection with such Alteration), builder’s all- risk insurance, and comprehensive public liability insurance (including property damage coverage) in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents, and any mortgagee as additional insureds.

Improvements and Fixtures. a. Tenant shall neither make nor allow any alterations, decorations, replacements, changes, additions or improvements (collectively referred to as “"Alterations”") to the Premises or any part thereof that will or may adversely affect the mechanical, electrical, plumbing, HVAC or other systems or which will or may affect the exterior or structure of the Building, without the prior written consent of Landlord, which may be withheld by Landlord in its sole discretion. Tenant shall not make or allow any other kind of Alterations to the Premises or any part thereof without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. All of such Alterations, structural or otherwise, must conform to (i) the Construction Rules and Regulations (as defined in the Work Agreementhereinafter defined); and (ii) such other rules and regulations as are established from time to time by Landlord. All Alterations must be performed in a good and workmanlike manner, must comply with all applicable building codes, laws and regulations (including, without limitation, the Americans With Disabilities Act, as amended), shall not require any changes to or modifications of any of the mechanical, electrical, plumbing, HVAC or other systems or the exterior or structure of the Building, and shall otherwise be constructed in strict accordance with the terms and conditions of this Section 8. Notwithstanding anything to the contrary contained herein, Tenant shall have the right to make Cosmetic Alterations (hereinafter defined) in or to the Premises without Landlord’s prior consent, but upon at least ten (10) days prior written notice to Landlord. As used herein, the term “Cosmetic Alterations” shall mean nonstructural Alterations in or to the Premises (e.g., paint, wallpaper or carpet) which are consistent with the design standards of the Tenant Improvements, which do not require a building permit to undertake, which cost in the aggregate less than Thirty Thousand Dollars ($30,000.00) to undertake, and which do not affect the structure or any of the systems of the Building. Tenant shall certify to Landlord in writing at least ten (10) days prior to undertaking any Cosmetic Alterations that the proposed Alterations are Cosmetic Alterations and describing the same in detail. If Landlord determines, in its reasonable discretion, that the proposed Alterations are not Cosmetic Alterations, Tenant shall request Landlord’s consent for such Alterations in accordance with this Section 8. If any Alterations made by or on behalf of Tenant requires Landlord to make any alterations or improvements to any part of the Building in order to comply with applicable law (including without limitation the Americans With Disabilities Act, as amended), Tenant shall pay all reasonable costs and expenses incurred by Landlord in connection with such alterations or improvements. Prior to undertaking any Alterations in the Premises, Tenant shall furnish to Landlord duplicate original policies or certificates thereof of worker’s 's compensation insurance (covering all persons to be employed by Tenant, and Tenant’s 's contractors and subcontractors in connection with such Alteration), builder’s all- 's all-risk insurance, and comprehensive public liability insurance (including property damage coverage) in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming including Landlord and its agents, and any mortgagee as additional insureds. It is understood and agreed by Landlord and Tenant that any Alterations undertaken in the Premises shall be constructed at Tenant's sole expense. The costs of Alterations shall include, without limitation, the cost of all architectural work, engineering studies, materials, supplies, plans, permits and insurance. If requested by Landlord, Tenant shall provide to Landlord evidence reasonably satisfactory to Landlord of Tenant's ability to pay for such Alterations (including, but not limited to, a payment or performance bond). No consent by Landlord to any Alterations shall be deemed to be an agreement or consent by Landlord to subject Landlord's interest in the Premises, the Building or the Land to any mechanic's or materialman's liens which may be filed in respect to such Alterations made by or on behalf of Tenant. If Landlord gives its consent as specified in Section 8.a. above, Landlord may impose as a condition to such consent such requirements as Landlord may deem necessary or desirable, in its sole discretion exercised in good faith, including, without limitation, the right to approve the plans and specifications for any work, supervision of the work by Landlord or its agents or by Landlord's architect or contractor and the payment to Landlord or its agents, architect or contractor of a reasonable construction supervision fee in connection therewith (the "Alteration Supervision Fee"), the right to require reasonable security for the full payment of any work and the right to impose reasonable requirements as to the manner in which or the time or times at which work may be performed. Notwithstanding the foregoing, if an Alteration does not take a building permit to undertake and could not affect the structure or safety of the Building or adversely affect the electrical, plumbing or mechanical systems of the Building, then Landlord shall waive such Alteration Supervision Fee with respect to such Alteration. Landlord shall also have the right to approve the contractor or contractors who shall perform any Alterations, repairs in, to or about the Premises, which approval shall not be unreasonably withheld, conditioned or delayed, and to post notices of non-responsibility and similar notices, as appropriate. In addition, immediately after completion of any Alterations, Tenant shall assign to Landlord any and all warranties applicable to such Alterations and shall provide Landlord with as-built plans of the Premises depicting such Alterations. Tenant shall keep the Premises free from any liens arising out of any work performed on, or materials furnished to, the Premises, or arising from any other obligation incurred by Tenant. If any mechanic's or materialmen's lien is filed against the Premises, the Building and/or the Land for work claimed to have been done for or materials claimed to have been furnished to Tenant, such lien shall be discharged by Tenant within thirty (30) days thereafter, at Tenant's sole cost and expense, by the payment thereof or by filing any bond required by law. If Tenant shall fail to timely discharge any such mechanic's or materialman's lien, Landlord may, at its option and upon written notice to Tenant, discharge the same and treat the cost thereof as Additional Rent payable with the installment of rent next becoming due; it being expressly covenanted and agreed that such discharge by Landlord shall not be deemed to waive or release the default of Tenant in not discharging the same. Tenant shall indemnify and hold harmless Landlord, the Premises and the Building from and against any and all expenses, liens, claims, actions or damages to person or property in connection with any such lien or the performance of such work or the furnishing of such materials. Tenant shall be obligated to, and Landlord reserves the right to, post and maintain on the Premises at any time such notices as shall in the reasonable judgment of Landlord be necessary to protect Landlord against liability for all such liens or actions.

Improvements and Fixtures. a. Tenant shall neither make nor allow any alterations, decorations, replacements, changes, additions or improvements (collectively referred to as “"Alterations”") to the Premises or any part thereof that will or may require changes to or otherwise adversely affect the mechanical, electrical, plumbing, HVAC or other systems or the exterior or structure of the BuildingBase Building Elements, without the prior written consent of Landlord, which may be withheld by Landlord in its sole discretion. Tenant shall not make or allow any other kind of Alterations to the Premises or any part thereof without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant shall have the right, after providing at least ten (10) days' prior written notice to Landlord, but without the necessity of obtaining Landlord’s prior written consent, to make Minor Alterations (hereinafter defined) in and to the Premises provided that (1) all Minor Alterations are performed by Tenant in accordance with, and subject to, the remaining terms and conditions of this Section 8, and (2) with respect to any Minor Alterations other than the installation of paint, wall-coverings, carpet and furniture within the Premises, the cost of such Minor Alterations, when aggregated with all other such Minor Alterations made during the previous twelve (12) months, does not exceed Fifty Thousand and 00/100 Dollars ($50,000). As used herein, the term "Minor Alterations" means those Alterations which (i) are not visible from the exterior of the Premises, (ii) are not structural, (iii) will not adversely affect the Base Building Elements, and (iv) are made in conformance with all applicable Legal Requirements. All of such Alterations, structural or otherwise, must conform to (i) the Construction Rules and Regulations (as defined in the Work Agreement); and (ii) such other construction rules and regulations as are reasonably established from time to time by Landlord. All Alterations must be performed in a good and workmanlike manner, must comply with all applicable building codes, laws and regulations (including, without limitation, the Americans With Disabilities Act, as amended)Legal Requirements, shall not not, except with Landlord’s prior consent thereto, require any changes to or modifications of any of the mechanical, electrical, plumbing, HVAC or other systems or the exterior or structure of the Building, and shall otherwise be constructed in strict accordance with the terms and conditions of this Section 8. Notwithstanding anything to the contrary contained herein, Tenant shall have the right to make Cosmetic Alterations (hereinafter defined) in or to the Premises without Landlord’s prior consent, but upon at least ten (10) days prior written notice to Landlord. As used herein, the term “Cosmetic Alterations” shall mean nonstructural Alterations in or to the Premises (e.g., paint, wallpaper or carpet) which are consistent with the design standards of the Tenant Improvements, which do not require a building permit to undertake, which cost in the aggregate less than Thirty Thousand Dollars ($30,000.00) to undertake, and which do not affect the structure or any of the systems of the Building. Tenant shall certify to Landlord in writing at least ten (10) days prior to undertaking any Cosmetic Alterations that the proposed Alterations are Cosmetic Alterations and describing the same in detail. If Landlord determines, in its reasonable discretion, that the proposed Alterations are not Cosmetic Alterations, Tenant shall request Landlord’s consent for such Alterations in accordance with this Section 8. If any Alterations made by or on behalf of Tenant requires Landlord to make any alterations or improvements to any part of the Building in order to comply with applicable law (including without limitation the Americans With Disabilities Act, as amended)Legal Requirements, Tenant shall pay all reasonable third party out-of-pocket costs and expenses incurred by Landlord in connection with such alterations or improvements. Prior to undertaking any Alterations in the Premises, Tenant shall furnish to Landlord duplicate original policies or certificates thereof of worker’s compensation insurance (covering all persons to be employed evidencing compliance by Tenant, and Tenant’s 's contractors and subcontractors in connection with such Alteration)the insurance requirements of Section 12 of this Lease. In the event of any conflict between the terms of this Section 8 and the terms and conditions of the Work Agreement, builder’s all- risk insurance, the terms of the Work Agreement shall prevail for the purposes of the design and comprehensive public liability insurance (including property damage coverage) in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents, and any mortgagee as additional insuredsconstruction of the Tenant Improvements.

Improvements and Fixtures. a. Tenant shall neither make nor allow any alterations, decorations, replacements, changes, additions or improvements (collectively referred to as “Alterations”) to the Premises or any part thereof that will or may affect the mechanical, electrical, plumbing, HVAC or other systems or the exterior or structure of the Building, without the prior written consent of Landlord, which may be withheld by Landlord in its sole discretion. Tenant shall not make or allow any other kind of Alterations to the Premises or any part thereof without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. All of such Alterations, structural or otherwise, must conform to (i) the Construction Rules and Regulations (as defined in the Work Agreementhereinafter defined); and (ii) such other rules and regulations as are established from time to time by Landlord. All Alterations must be performed in a good and workmanlike 8 HOLLAND & KNIGHT LLP manner, must comply with all applicable building codes, laws and regulations (including, without limitation, the Americans With Disabilities Act, as amended), shall not require any changes to or modifications of any of the mechanical, electrical, plumbing, HVAC or other systems or the exterior or structure of the Building, and shall otherwise be constructed in strict accordance with the terms and conditions of this Section 8. Notwithstanding anything to the contrary contained herein, Tenant shall have the right to make Cosmetic Alterations (hereinafter defined) in or to the Premises without Landlord’s prior consent, but upon at least ten (10) days prior written notice to Landlord. As used herein, the term “Cosmetic Alterations” shall mean nonstructural Alterations in or to the Premises (e.g., paint, wallpaper or carpet) which are consistent with the design standards of the Tenant Improvements, which do not require a building permit to undertake, which cost in the aggregate less than Thirty Thousand Dollars ($30,000.00) to undertake, and which do not affect the structure or any of the systems of the Building. Tenant shall certify to Landlord in writing at least ten (10) days prior to undertaking any Cosmetic Alterations that the proposed Alterations are Cosmetic Alterations and describing the same in detail. If Landlord determines, in its reasonable discretion, that the proposed Alterations are not Cosmetic Alterations, Tenant shall request Landlord’s consent for such Alterations in accordance with this Section 8. If any Alterations made by or on behalf of Tenant requires Landlord to make any alterations or improvements to any part of the Building in order to comply with applicable law (including without limitation the Americans With Disabilities Act, as amended), Tenant shall pay all costs and expenses incurred by Landlord in connection with such alterations or improvements. Prior to undertaking any Alterations in the Premises, Tenant shall furnish to Landlord duplicate original policies or certificates thereof of worker’s compensation insurance (covering all persons to be employed by Tenant, and Tenant’s contractors and subcontractors in connection with such Alteration), builder’s all- all-risk insurance, and comprehensive public liability insurance (including property damage coverage) in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents, and any mortgagee as additional insureds.

Improvements and Fixtures. a. Tenant shall neither make nor allow any alterations, decorations, replacements, changes, additions or improvements (collectively referred to as “"Alterations”") to the Premises or any part thereof that will or may affect the mechanical, electrical, plumbing, HVAC or other systems or the exterior or structure of the Building, without the prior written consent of Landlord, which may be withheld by Landlord in its sole discretion. Tenant shall not make or allow any other kind of Alterations to the Premises or any part thereof without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. All of such Alterations, structural or otherwise, must conform to (i) the Construction Rules and Regulations (as defined in the Work Agreement); and (ii) such other all rules and regulations as are established from time to time by Landlord. All Alterations , must be performed in a good and workmanlike manner, must comply with all applicable building codes, laws and regulations (including, including without limitation, limitation the Americans With Disabilities Act, as amended), shall not require any changes to or modifications of any of the mechanical, electrical, plumbing, HVAC or other systems or the exterior or structure of the Building, and shall otherwise be constructed in strict accordance with the terms and conditions of this Section 8. Notwithstanding anything to the contrary contained herein, Tenant shall have the right to make Cosmetic Alterations (hereinafter defined) in or to the Premises without Landlord’s prior consent, but upon at least ten (10) days prior written notice to Landlord. As used herein, the term “Cosmetic Alterations” shall mean nonstructural Alterations in or to the Premises (e.g., paint, wallpaper or carpet) which are consistent with the design standards of the Tenant Improvements, which do not require a building permit to undertake, which cost in the aggregate less than Thirty Thousand Dollars ($30,000.00) to undertake, and which do not affect the structure or any of the systems of the Building. Tenant shall certify to Landlord in writing at least ten (10) days prior to undertaking any Cosmetic Alterations that the proposed Alterations are Cosmetic Alterations and describing the same in detail. If Landlord determines, in its reasonable discretion, that the proposed Alterations are not Cosmetic Alterations, Tenant shall request Landlord’s consent for such Alterations in accordance with this Section 8. If any Alterations made by or on behalf of Tenant requires Landlord to make any alterations or improvements to any part of the Building in order to comply with applicable law (including without limitation the Americans With Disabilities Act, as amended), Tenant shall pay all costs and expenses incurred by Landlord in connection with such alterations or improvements. Prior to undertaking any Alterations in the Premises, Tenant shall furnish to Landlord duplicate original policies or certificates thereof of worker’s 's compensation insurance (covering all persons to be employed by Tenant, and Tenant’s 's contractors and subcontractors in connection with such Alteration), builder’s all- 's all-risk insurance, and comprehensive public liability insurance (including property damage coverage) in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents, and any mortgagee as additional insureds.

Improvements and Fixtures. a. Tenant shall neither make nor allow any alterations, decorations, replacements, changes, additions or improvements (collectively referred to as “"Alterations”") to the Premises or any part thereof that will or may adversely affect the mechanical, electrical, plumbing, HVAC or other systems or will or may affect the exterior or structure of the Building, without the prior written consent of Landlord, which may be withheld by Landlord in its sole discretion. Tenant shall not make or allow any other kind of Alterations to the Premises or any part thereof without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. All of such Alterations, structural or otherwise, must conform to (i) the Construction Rules and Regulations (as defined in the Work Agreementhereinafter defined); and (ii) such other written rules and regulations as are established from time to time by Landlord. All Alterations must be performed in a good and workmanlike manner, must comply with all applicable building codes, laws and regulations (including, without limitation, the Americans With Disabilities Act, as amended), shall not require any changes to or modifications of any of the mechanical, electrical, plumbing, HVAC or other systems or the exterior or structure of the Building, and shall otherwise be constructed in strict accordance with the terms and conditions of this Section 8. Notwithstanding anything to the contrary contained herein, Tenant shall have the right to make Cosmetic Alterations (hereinafter defined) in or to the Premises without Landlord’s prior consent, but upon at least ten (10) days prior written notice to Landlord. As used herein, the term “Cosmetic Alterations” shall mean nonstructural Alterations in or to the Premises (e.g., paint, wallpaper or carpet) which are consistent with the design standards of the Tenant Improvements, which do not require a building permit to undertake, which cost in the aggregate less than Thirty Thousand Dollars ($30,000.00) to undertake, and which do not affect the structure or any of the systems of the Building. Tenant shall certify to Landlord in writing at least ten (10) days prior to undertaking any Cosmetic Alterations that the proposed Alterations are Cosmetic Alterations and describing the same in detail. If Landlord determines, in its reasonable discretion, that the proposed Alterations are not Cosmetic Alterations, Tenant shall request Landlord’s consent for such Alterations in accordance with this Section 8. If any Alterations made by or on behalf of Tenant requires Landlord to make any alterations or improvements to any part of the Building in order to comply with applicable law (including without limitation the Americans With Disabilities Act, as amended), Tenant shall pay all costs and expenses incurred by Landlord in connection with such alterations or improvements. Prior to undertaking any Alterations in the Premises, Tenant shall furnish to Landlord duplicate original policies or certificates thereof of worker’s 's compensation insurance (covering all persons to be employed by Tenant, and Tenant’s 's contractors and subcontractors in connection with such Alteration), builder’s all- 's all-risk insurance, and comprehensive public liability insurance (including property damage coverage) in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents, and any mortgagee as additional insureds.. Notwithstanding anything to the contrary contained in this Section 8, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Premises, without Landlord's consent (but with ten (10) days prior written notice ("Permitted Alterations Notice"), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such alterations are Permitted Alterations). A "

Improvements and Fixtures. a. Tenant shall neither make nor allow any alterations, decorations, replacements, changes, changes additions or improvements (collectively referred to as “"Alterations”") to the Premises or any part thereof that will or may affect the mechanical, electrical, plumbing, HVAC or other systems or or, the exterior or structure of the Building, without the prior written consent of Landlord, which may be withheld by Landlord in its sole discretion. Tenant shall not make or allow any other kind of Alterations to the Premises or any part thereof without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. All of such Alterations, structural or otherwise, must conform to (i) the Construction Rules and Regulations (as defined in the Work Agreement); and (ii) such other all rules and regulations as are established from time to time by Landlord. All Alterations the Underwriters' Association of the State of New Jersey, must be performed in a good and workmanlike manner, must comply with all applicable building codes, laws and regulations (including, including without limitation, limitation the Americans With Disabilities Act, as amendedADA), shall not require any changes to or modifications of any of the Building's mechanical, electrical, plumbing, HVAC plumbing or other systems or the exterior or structure of the Building, and shall otherwise be constructed in strict accordance with the terms and conditions of this Section 8. Notwithstanding anything to the contrary contained herein, Tenant shall have the right to make Cosmetic Alterations (hereinafter defined) in or to the Premises without Landlord’s prior consent, but upon at least ten (10) days prior written notice to Landlord. As used herein, the term “Cosmetic Alterations” shall mean nonstructural Alterations in or to the Premises (e.g., paint, wallpaper or carpet) which are consistent with the design standards of the Tenant Improvements, which do not require a building permit to undertake, which cost in the aggregate less than Thirty Thousand Dollars ($30,000.00) to undertake, and which do not affect the structure or any of the systems of the Building. Tenant shall certify to Landlord in writing at least ten (10) days prior to undertaking any Cosmetic Alterations that the proposed Alterations are Cosmetic Alterations and describing the same in detail. If Landlord determines, in its reasonable discretion, that the proposed Alterations are not Cosmetic Alterations, Tenant shall request Landlord’s consent for such Alterations in accordance with this Section 8. If any Alterations made by or on behalf of Tenant requires Landlord to make any alterations or improvements to any part of the Building in order to comply with applicable law (including without limitation the Americans With Disabilities Act, as amended), Tenant shall pay all costs and expenses incurred by Landlord in connection with such alterations or improvements. Prior to undertaking any Alterations in the Premises, Tenant shall furnish to Landlord duplicate original policies or certificates thereof of worker’s 's compensation insurance (covering all persons to be employed by Tenant, and Tenant’s 's contractors and subcontractors in connection with such Alteration), builder’s all- 's all-risk insurance, and comprehensive public commercial general liability insurance (including property damage coverage) in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents, and any mortgagee as additional insureds. b. It is understood and agreed by Landlord and Tenant that any Alterations undertaken in the Premises shall be constructed at Tenant's sole expense. The costs of Alterations shall include without limitation the cost of all architectural work, engineering studies, materials, supplies, plans, permits and insurance. If requested by Landlord, Tenant shall provide to Landlord satisfactory evidence of Tenant's ability to pay for such Alterations (including, but not limited to, a payment or performance bond). No consent by Landlord to any Alterations shall be deemed to be an agreement or consent by Landlord to subject Landlord's interest in the Premises, the Building or the Land to any mechanic's or materialman's liens which may be filed in respect to such Alterations made by or on behalf of Tenant. If Landlord gives its consent as specified in Section 8a above, Landlord may impose as a condition to such consent such reasonable requirements as Landlord may deem necessary or desirable, including without limitation the right to approve the plans and specifications for any work, supervision of the work by Landlord or its agents or by Landlord's architect or contractor and the payment to Landlord or its agents, architect or contractor of a reasonable construction supervision fee in connection therewith, the right to require security for the full payment of any work and the right to impose requirements as to the manner in which or the time or times at which work may be performed. Landlord shall also have the right to approve the contractor or contractors who shall perform any Alterations, repairs in, to or about the Premises and to post notices of non-responsibility and similar notices, as appropriate. In addition, immediately after completion of any Alterations, Tenant shall assign to Landlord any and all warranties applicable to such Alterations, to the extent such warranties are assignable by Tenant, and shall provide Landlord with as-built plans of the Premises depicting such Alterations. c. Tenant shall keep the Premises free from any liens arising out of any work performed on, or materials furnished to, the Premises, or arising from any other obligation incurred by Tenant. If any mechanic's or materialmen's lien is filed against the Premises, the Building and/or the Land for work claimed to have been done for or materials claimed to have been furnished to Tenant, such lien shall be discharged by Tenant within ten (10) business days thereafter, at Tenant's sole cost and expense, by the payment thereof or by filing any bond required by law. If Tenant shall fail to discharge any such mechanic's or materialman's lien, Landlord may, at its option, discharge the same and treat the cost thereof as Additional Rent payable with the installment of rent next becoming due; it being expressly covenanted and agreed that such discharge by Landlord shall not be deemed to waive or release the default of Tenant in not discharging the same. Tenant shall indemnify and hold harmless Landlord, the Premises and the Building from and against any and all expenses, liens, claims, actions or damages to person or property in connection with any such lien or the performance of such work or the furnishing of such materials. Tenant shall be obligated to, and Landlord reserves the right to, post and maintain on the Premises at any time such notices as shall in the reasonable judgment of Landlord be necessary to protect Landlord against liability for all such liens or actions.

Improvements and Fixtures. a. Tenant shall neither make nor allow any alterations, decorations, replacements, changes, additions or improvements (collectively referred to as “"Alterations”") to the Premises or any part thereof that will or may affect the mechanical, electrical, plumbing, HVAC or other systems or the exterior or structure of the Building, without the prior written consent of Landlord, which may be withheld by Landlord in its sole discretion. Tenant shall not make or allow any other kind of Alterations to the Premises or any part thereof without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. All of such Alterations, structural or otherwise, must conform to (i) the Construction Rules and Regulations (as defined in the Work Agreement); and (ii) such other construction rules and regulations as are established from time to time by Landlord. All Alterations must be performed in a good and workmanlike manner, must comply with all applicable building codes, laws and regulations (including, without limitation, the Americans With Disabilities Act, as amended)Legal Requirements, shall not require any changes to or modifications of any of the mechanical, electrical, plumbing, HVAC or other systems or the exterior or structure of the Building, and shall otherwise be constructed in strict accordance with the terms and conditions of this Section 8. Notwithstanding anything to the contrary contained herein, Tenant shall have the right to make Cosmetic Alterations (hereinafter defined) in or to the Premises without Landlord’s prior consent, but upon at least ten (10) days prior written notice to Landlord. As used herein, the term “Cosmetic Alterations” shall mean nonstructural Alterations in or to the Premises (e.g., paint, wallpaper or carpet) which are consistent with the design standards of the Tenant Improvements, which do not require a building permit to undertake, which cost in the aggregate less than Thirty Thousand Dollars ($30,000.00) to undertake, and which do not affect the structure or any of the systems of the Building. Tenant shall certify to Landlord in writing at least ten (10) days prior to undertaking any Cosmetic Alterations that the proposed Alterations are Cosmetic Alterations and describing the same in detail. If Landlord determines, in its reasonable discretion, that the proposed Alterations are not Cosmetic Alterations, Tenant shall request Landlord’s consent for such Alterations in accordance with this Section 8. If any Alterations made by or on behalf of Tenant requires Landlord to make any alterations or improvements to any part of the Building in order to comply with applicable law (including without limitation the Americans With Disabilities Act, as amended)Legal Requirements, Tenant shall pay all costs and expenses incurred by Landlord in connection with such alterations or improvements. Prior to undertaking any Alterations in the Premises, Tenant shall furnish to Landlord duplicate original policies or certificates thereof of worker’s compensation insurance (covering all persons to be employed evidencing compliance by Tenant, and Tenant’s 's contractors and subcontractors in connection with such Alteration), builder’s all- risk insurance, and comprehensive public liability the insurance (including property damage coverage) in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents, and any mortgagee as additional insuredsrequirements of Section 12 of this Lease.