Common use of Improvements and Repairs Clause in Contracts

Improvements and Repairs. In the event that in its sole discretion Landlord decides to alter, improve or repair the Building or the Premises or any part thereof in connection with any voluntary plan or program of Landlord not required by Applicable Laws to enhance the ability of the Building or the Premises to withstand and survive any seismic event which in the reasonable opinion of Landlord might affect the life or safety of Landlord or Tenant or any other occupant of the Building or the Premises, Landlord shall have the right at any time during the Term to make such extraordinary life-safety alterations, improvements or repairs at the sole cost and expense of Landlord without thereby creating any actual or constructive eviction or incurring any liability to Tenant therefor and without any abatement of Rent or claims of damages arising from alleged disruption of Tenants business, except as provided below in this Section 13.4(d). In the event that Landlord plans to undertake any such extraordinary life-safety alterations, improvements or repairs, Landlord shall provide Tenant with reasonable notice thereof Which shall be at least ninety (90) days), including complete information on the work to be done and the expected start and completion dates. If Landlord reasonably concludes that Tenant must vacate a portion or portions of the Premises to permit Landlord to efficiently accomplish such work, or if Tenant informs Landlord that it reasonably concludes it cannot conduct its business operations effectively from the portion or portions of the Premises on which such work is to be done while it is occurring, then Tenant shall vacate such portion(s) of the Premises for such period of time that may be necessary for Landlord to complete the work in question (which period shall not be longer than six (6) months as to any portion of the Premises). In the event that Tenant is required by Landlord to vacate a portion or portions of the Premises as aforesaid, there shall be no actual or constructive eviction or abatement of Rent or any other liability of Landlord to Tenant of any kind, including but not limited to claims of damages arising from alleged interruptions of Tenants business, except as follows: At Tenant's option, Landlord shall:

Improvements and Repairs. In the event that in its sole discretion Landlord decides Tenant shall not make structural improvements or structural alterations to alter, improve or repair the Building or the Premises herein leased without obtaining the express prior written consent of Landlord, such consent not to be unreasonably withheld, delayed or conditioned. Tenant shall be permitted to make interior, non-structural alterations to the Premises without Landlord’s consent. Tenant shall also have the right, without obtaining Landlord’s approval to perform renovations to the interior of the Premises to convert the Premises into a NationsRent store in accordance with the Final Plans and Specifications previously approved by Landlord, as modified by space and site limitations. All other alterations shall require the consent of Landlord, which shall not be unreasonably withheld, delayed or conditioned. Landlord shall reasonably cooperate with Tenant and assist Tenant in applying for and securing any part thereof permits and licenses which may be necessary in connection with Landlord’s Work and the making of any voluntary plan alterations, additions, changes and repairs and upon request from Tenant, to execute or program of Landlord not required by Applicable Laws to enhance the ability of the Building or the Premises to withstand and survive any seismic event which join in the reasonable opinion execution of Landlord might affect the life any application for any such permits or safety licenses. After completion of Landlord or Tenant or any other occupant Tenant’s alterations of the Building or the Premises, Tenant shall provide Landlord with a copy of the as built plans and specifications for such work. Any work, including interior and structural, performed by Tenant shall have the right at any time during the Term to make such extraordinary life-safety alterations, improvements or repairs at the sole cost be done in a good and expense of Landlord without thereby creating any actual or constructive eviction or incurring any liability to Tenant therefor and without any abatement of Rent or claims of damages arising from alleged disruption of Tenants business, except as provided below in this Section 13.4(d)workmanlike manner. In the event such work results in a claim of lien against Landlord, Tenant shall hold Landlord harmless from such claim of lien or lien. All persons are put on notice of the fact that the Tenant under no circumstances shall have the power to subject the interest of the Landlord plans to undertake any such extraordinary life-safety alterations, improvements or repairs, Landlord shall provide Tenant with reasonable notice thereof Which shall be at least ninety (90) days), including complete information on the work to be done and the expected start and completion dates. If Landlord reasonably concludes that Tenant must vacate a portion or portions of in the Premises to permit Landlord to efficiently accomplish such any mechanic’s or materialman’s lien or liens of any kind. All persons who hereafter, during the Lease Term, may furnish work, services or if materials to the Premises upon the request or order of the Tenant informs or any person claiming under, by or through the Tenant, must look wholly to the interest of the Tenant and not to that of the Landlord. Tenant covenants and agrees with Landlord that it reasonably concludes it canTenant will not conduct its business operations effectively from permit or suffer to be filed or claimed against the portion or portions interest of the Landlord in the Premises on which during the continuance of this Lease, any lien or liens of any kind by any person claiming under, by, through or against the Tenant; and if any such work lien is claimed or filed, it shall be the duty of the Tenant, within sixty (60) days after the claim of lien or suit claiming a lien has been filed, to cause the Premises to be done while it is occurringreleased from such claim, then Tenant shall vacate such portion(s) either through payment or through bonding with corporate surety or through the deposit into court, pursuant to statute, of the necessary sums of money, or in any other way that will effect the release of the Landlord’s interest in the Premises for from such period of time that may be necessary for claim. Landlord shall maintain, repair (and replace if required) throughout the Lease Term, the building structure including the floor (except floor coverings), roof (including the ceiling if damaged by leakage), exterior walls, utility lines to complete the work in question (which period shall not be longer than six (6) months as to any portion exterior of the Premises), the heating, ventilating and air conditioning system, the fire sprinkler system and any other building systems that are shared between the Premises and the adjacent building occupied by Landlord. In the event that Except as provided herein, Tenant is required by Landlord shall be responsible for all day to vacate a portion or portions day cleaning, maintenance and repair of the interior of the Premises, including, but not limited to, interior plumbing, interior electrical, fire extinguishers, security system, window glass, interior walls, ceilings and floor coverings, if any (including carpet and tiles), and damage by vandals. Landlord shall perform quarterly maintenance on the heating, ventilation and air conditioning units servicing the Premises as aforesaidand Tenant shall reimburse Landlord for such maintenance within forty-five (45) days of receipt of an invoice for same. Landlord shall reasonably comply with all presently existing and future laws, there codes, regulations and other governmental requirements, including without limitation the Americans With Disabilities Act requiring changes, alterations or improvements to the Premises, unless such legal requirement is solely and directly necessitated by Tenant’s particular manner of use or occupancy of the Premises. Landlord shall be no actual or constructive eviction or abatement of Rent or any other liability of Landlord promptly give notice to Tenant of any kindwritten notice in respect of the Premises from governmental authorities. Tenant may, including but in good faith, dispute the validity of any complaint or action taken pursuant to or under color of any of the foregoing, defend against the same, and in good faith diligently conduct any necessary proceedings to prevent and avoid any adverse consequence of the same (provided that Tenant shall not limited commence any litigation against a governmental authority with respect to claims of damages arising from alleged interruptions of Tenants businesslaws, except as follows: At Tenant's optioncodes, Landlord shall:regulations and other governmental requirements without first obtaining Landlord’s prior written approval, which shall not be unreasonably withheld, delayed or conditioned).

Improvements and Repairs. In It is the event that in its sole discretion Landlord decides intention of Lessee to alterconstruct new income producing improvements on the demised premises, improve or repair and the Building or the Premises or any part thereof in connection with any voluntary plan or program nature, extent, and use of Landlord not required by Applicable Laws to enhance the ability of the Building or the Premises to withstand and survive any seismic event which such improvements, if made, shall be in the reasonable opinion discretion of Landlord might affect the life Lessee. It is agreed that Lessee may construct on said premises any income producing structure or safety of Landlord or Tenant or any other occupant of the Building or the Premisesstructures. All improvements, Landlord shall have the right at any time during the Term to make such extraordinary life-safety alterations, improvements or additions, deletions, modifications and repairs to the premises shall be at the sole cost of Lessee and expense Lessee agrees to pay for all labor and materials used, and said improvements shall be the property of Landlord without thereby creating Lessee during the term of this lease. Lessee shall advise Lessor in writing of any actual intended improvements, alterations additions, deletions, modifications and repairs at least thirty (30) days in advance of commencing any work thereon. After initial construction of major improvements, such notice shall not be required as to incidental or constructive eviction minor improvements or incurring any liability to Tenant therefor and without any abatement of Rent or claims of damages arising from alleged disruption of Tenants businessrepairs. All improvements on the premises shall, except as provided below may otherwise be hereafter agreed in writing by the parties, be the property of Lessee during the term hereof, and on the termination of this Section 13.4(d)lease shall become a part of the realty and the property of the Lessor. Improvements to the premises shall not be removed therefrom, unless the same shall be rebuilt or replaced with improvements of equal or greater value, or unless the removal shall be for the economic betterment of the premises. Lessee will comply at its sole expense with all requirements of public authorities. The expense of all repairs, alterations or improvements heretofore or hereafter ordered by any public authority relative to the leased premises shall be the responsibility of Lessee and paid for by it. This covenant shall apply not only to incidental repairs, alterations or improvements required by public authorities, but also to those of substantial or structural nature. It shall also apply to safety requirements by public authorities. In the event that Landlord plans to undertake any of substantial improvements, alterations or construction on the subject premises, the funds requisite for the same shall first be escrowed with a recognized bank or lending institution or a binding contract for the furnishing of such extraordinary life-safety alterations, improvements or repairs, Landlord shall provide Tenant with reasonable notice thereof Which funds shall be at least ninety (90) days)entered into by Lessee with a person or persons, including complete information on the work individual or corporate, of sound financial responsibility. The cost of said improvements shall be financed by a loan from a lending institution satisfactory to be done and the expected start and completion dateslessor. If Landlord reasonably concludes that Tenant must vacate a portion or portions of the Premises to permit Landlord to efficiently accomplish such work, or if Tenant informs Landlord that it reasonably concludes it cannot conduct its business operations effectively from the portion or portions of the Premises on which such work This loan is to be done while it is occurringevidenced by a promissory note executed by lessee and secured by a first deed of trust against the leased premises and executed by lessor. The principal, then Tenant shall vacate such portion(s) interest, and terms and conditions of the Premises for such period promissory note and deed of time that may trust shall be necessary for Landlord subject to complete the work in question (which period prior written approval of lessor. From and after obtaining the written approval of the lessor of the terms and conditions of said promissory note and deed of trust, the deed of trust shall not then be longer than six (6) months recorded as a first deed of trust as to any portion of the Premises). In the event that Tenant is required by Landlord to vacate a portion or portions of the Premises as aforesaid, there leased premises and this lease shall be no actual subordinate to said first deed of trust. Prior to commencing any substantial improvements, alteration or constructive eviction or abatement of Rent or any other liability of Landlord construction on the subject premises, lessee shall cause to Tenant of any kindbe secured, relative to the same, without cost to lessor, a payment and performance bond by the general contractor, guaranteeing all payments incident to the cost, including but not limited to claims costs and material, will be duly made, and that the performance of damages arising such project shall be completed and in accordance with the construction contract. The said bond, or bonds, shall provide, standard, adequate and reasonable protection so that the work to be none shall be completed and that there shall be no liens against the improvements or premises. Such bond shall be secured from alleged interruptions a major national surety or insurance company of Tenants businessgood standing and a copy thereof furnished to lessor. The obligees of the bond shall include the lessee and the lessor. It is agreed that the form, except as follows: At Tenant's optionand amount of, Landlord and the surety or insurance company selected relative to the form, and amount of, such completion bond, or bonds, shall first be submitted to and approved by Lessor, who shall:, however, not unreasonably withhold such approval.

Improvements and Repairs. In the event that in its sole discretion Landlord decides Tenant shall not make structural improvements or structural alterations to alter, improve or repair the Building or the Premises herein leased without obtaining the express prior written consent of Landlord, such consent not to be unreasonably withheld, delayed or conditioned. Tenant shall be permitted to make interior, non-structural alterations to the Premises without Landlord's consent. Tenant shall also have the right, without obtaining Landlord's approval to perform renovations to the interior of the Premises to convert the Premises into a NationsRent store in accordance with the Final Plans and Specifications previously approved by Landlord, as modified by space and site limitations. All other alterations shall require the consent of Landlord, which shall not be unreasonably withheld, delayed or conditioned. Landlord shall reasonably cooperate with Tenant and assist Tenant in applying for and securing any part thereof permits and licenses which may be necessary in connection with Landlord's Work and the making of any voluntary plan alterations, additions, changes and repairs and upon request from Tenant, to execute or program of Landlord not required by Applicable Laws to enhance the ability of the Building or the Premises to withstand and survive any seismic event which join in the reasonable opinion execution of Landlord might affect the life any application for any such permits or safety licenses. After completion of Landlord or Tenant or any other occupant Tenant's alterations of the Building or the Premises, Tenant shall provide Landlord with a copy of the as built plans and specifications for such work. Any work, including interior and structural, performed by Tenant shall have the right at any time during the Term to make such extraordinary life-safety alterations, improvements or repairs at the sole cost be done in a good and expense of Landlord without thereby creating any actual or constructive eviction or incurring any liability to Tenant therefor and without any abatement of Rent or claims of damages arising from alleged disruption of Tenants business, except as provided below in this Section 13.4(d)workmanlike manner. In the event such work results in a claim of lien against Landlord, Tenant shall hold Landlord harmless from such claim of lien or lien. All persons are put on notice of the fact that the Tenant under no circumstances shall have the power to subject the interest of the Landlord plans to undertake any such extraordinary life-safety alterations, improvements or repairs, Landlord shall provide Tenant with reasonable notice thereof Which shall be at least ninety (90) days), including complete information on the work to be done and the expected start and completion dates. If Landlord reasonably concludes that Tenant must vacate a portion or portions of in the Premises to permit Landlord to efficiently accomplish such any mechanic's or materialman's lien or liens of any kind. All persons who hereafter, during the Lease Term, may furnish work, services or if materials to the Premises upon the request or order of the Tenant informs or any person claiming under, by or through the Tenant, must look wholly to the interest of the Tenant and not to that of the Landlord. Tenant covenants and agrees with Landlord that it reasonably concludes it canTenant will not conduct its business operations effectively from permit or suffer to be filed or claimed against the portion or portions interest of the Landlord in the Premises on which during the continuance of this Lease, any lien or liens of any kind by any person claiming under, by, through or against the Tenant; and if any such work lien is claimed or filed, it shall be the duty of the Tenant, within sixty (60) days after the claim of lien or suit claiming a lien has been filed, to cause the Premises to be done while it is occurringreleased from such claim, then Tenant shall vacate such portion(s) either through payment or through bonding with corporate surety or through the deposit into court, pursuant to statute, of the necessary sums of money, or in any other way that will effect the release of the Landlord's interest in the Premises for from such period of time that may be necessary for claim. Landlord shall maintain, repair (and replace if required) throughout the Lease Term, the building structure including the floor (except floor coverings), roof (including the ceiling if damaged by leakage), exterior walls, utility lines to complete the work in question (which period shall not be longer than six (6) months as to any portion exterior of the Premises), the heating, ventilating and air conditioning system, the fire sprinkler system and any other building systems that are shared between the Premises and the adjacent building occupied by Landlord. In the event that Except as provided herein, Tenant is required by Landlord shall be responsible for all day to vacate a portion or portions day cleaning, maintenance and repair of the interior of the Premises, including, but not limited to, interior plumbing, interior electrical, fire extinguishers, security system, window glass, interior walls, ceilings and floor coverings, if any (including carpet and tiles), and damage by vandals. Landlord shall perform quarterly maintenance on the heating, ventilation and air conditioning units servicing the Premises as aforesaidand Tenant shall reimburse Landlord for such maintenance within forty-five (45) days of receipt of an invoice for same. Landlord shall reasonably comply with all presently existing and future laws, there codes, regulations and other governmental requirements, including without limitation the Americans With Disabilities Act requiring changes, alterations or improvements to the Premises, unless such legal requirement is solely and directly necessitated by Tenant's particular manner of use or occupancy of the Premises. Landlord shall be no actual or constructive eviction or abatement of Rent or any other liability of Landlord promptly give notice to Tenant of any kindwritten notice in respect of the Premises from governmental authorities. Tenant may, including but in good faith, dispute the validity of any complaint or action taken pursuant to or under color of any of the foregoing, defend against the same, and in good faith diligently conduct any necessary proceedings to prevent and avoid any adverse consequence of the same (provided that Tenant shall not limited commence any litigation against a governmental authority with respect to claims of damages arising from alleged interruptions of Tenants businesslaws, except as follows: At Tenantcodes, regulations and other governmental requirements without first obtaining Landlord's optionprior written approval, Landlord shall:which shall not be unreasonably withheld, delayed or conditioned).