Common use of Improvements and Repairs Clause in Contracts

Improvements and Repairs. 10.01 Tenant, at its sole cost and expense, may make such improvements to the Premises that it shall deem reasonably necessary to place the Premises in such a state or condition that the Tenant may use it for the purposes described in this Agreement, so long as such improvements are approved by the Landlord in writing. 10.02 Tenant acknowledges and agrees to improve the Premises consistent with the site plan it provided to the Landlord, which is attached hereto, and marked Exhibit B, and is incorporated herein by reference. 10.03 Prior to commencing any improvements, the Tenant must deliver all plans, specifications and scheduling, at its sole cost and expense, to the Landlord, and specifically to the Director of the Library Department for written approval at least thirty (30) days before the commencement of any work. Further, the Tenant shall not commence improvements upon the Premises unless and until it has secured, and has on-hand, sufficient funds or resources to complete the improvement project. 10.04 Tenant shall cause any and all repairs and/or improvements to be performed competently and in a good and workmanlike manner by a duly qualified and licensed person(s) or entities, or utilizing its own employees, using first grade materials, and without interference with or disruption to the nearby residents or occupants. 10.05 Tenant shall promptly pay all persons or entities furnishing labor and material with respect to any work performed by Tenant or its contractor on or about the Premises, and in the event a contractor is utilized, shall obtain and deliver to Landlord “releases” or waivers of liens from all parties doing work on or about the Premises, along with an affidavit from Tenant stating that all bills have been paid with regard to such work and that there are no outstanding obligations owed with respect to any such work performed on the Premises. 10.06 Landlord shall have no obligation, financial, regulatory or otherwise, for any and/or all activities necessary to construct, maintain or repair Tenant’s improvements, or for Tenant’s operations within on or about the Premises during the term of this Agreement. 10.07 If Tenant’s improvements or repair activities or other actions relative to the Premises result in the introduction of hazardous materials or contamination of the soil or ground water, then the Tenant agrees to: (1) immediately notify the Landlord of any contamination, claim of contamination or damage,

Improvements and Repairs. 10.01 TenantIn 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 its any time during the Term to make such extraordinary life-safety alterations, improvements or repairs at the sole cost and expenseexpense 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, may make 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 shall deem reasonably necessary to place concludes it cannot conduct its business operations effectively from the portion or portions of the Premises in on which such a state or condition that the work is to be done while it is occurring, then Tenant may use it for the purposes described in this Agreement, so long as shall vacate such improvements are approved by the Landlord in writing. 10.02 Tenant acknowledges and agrees to improve portion(s) of the Premises consistent with the site plan it provided to the Landlord, which is attached hereto, and marked Exhibit B, and is incorporated herein by reference. 10.03 Prior to commencing any improvements, the Tenant must deliver all plans, specifications and scheduling, at its sole cost and expense, to the Landlord, and specifically to the Director for such period of the Library Department time that may be necessary for written approval at least thirty (30) days before the commencement of any work. Further, the Tenant shall not commence improvements upon the Premises unless and until it has secured, and has on-hand, sufficient funds or resources Landlord to complete the improvement project. 10.04 Tenant work in question (which period shall cause any and all repairs and/or improvements to not be performed competently and in a good and workmanlike manner by a duly qualified and licensed person(slonger than six (6) or entities, or utilizing its own employees, using first grade materials, and without interference with or disruption to the nearby residents or occupants. 10.05 Tenant shall promptly pay all persons or entities furnishing labor and material with respect months as to any work performed by Tenant or its contractor on or about portion of the Premises, and in ). In the event that Tenant is required by Landlord to vacate a contractor is utilized, shall obtain and deliver to Landlord “releases” portion or waivers portions of liens from all parties doing work on or about the Premises, along with an affidavit from Tenant stating that all bills have been paid with regard to such work and that there are no outstanding obligations owed with respect to any such work performed on the Premises. 10.06 Landlord shall have no obligation, financial, regulatory or otherwise, for any and/or all activities necessary to construct, maintain or repair Tenant’s improvements, or for Tenant’s operations within on or about the Premises during the term as aforesaid, there shall be no actual or constructive eviction or abatement of this Agreement. 10.07 If Tenant’s improvements Rent or repair activities or any other actions relative liability of Landlord to the Premises result in the introduction of hazardous materials or contamination of the soil or ground water, then the Tenant agrees to: (1) immediately notify the Landlord of any contaminationkind, claim including but not limited to claims of contamination or damage,damages arising from alleged interruptions of Tenants business, except as follows: At Tenant's option, Landlord shall:

Improvements and Repairs. 10.01 Tenant, at its sole cost and expense, may Tenant shall not make such structural improvements or structural alterations to the Premises that it herein leased without obtaining the express prior written consent of Landlord, such consent not to be unreasonably withheld, delayed or conditioned. Tenant shall deem reasonably necessary be permitted to place 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 such a state or condition that accordance with the Tenant may use it for the purposes described in this Agreement, so long as such improvements are Final Plans and Specifications previously approved by Landlord, as modified by space and site limitations. All other alterations shall require the Landlord in writing. 10.02 Tenant acknowledges and agrees to improve the Premises consistent with the site plan it provided to the consent of Landlord, which is attached heretoshall not be unreasonably withheld, delayed or conditioned. Landlord shall reasonably cooperate with Tenant and marked Exhibit Bassist Tenant in applying for and securing any permits and licenses which may be necessary in connection with Landlord's Work and the making of any alterations, additions, changes and is incorporated herein by reference. 10.03 Prior to commencing any improvements, the Tenant must deliver all plans, specifications repairs and scheduling, at its sole cost and expenseupon request from Tenant, to execute or join in the Landlord, and specifically to the Director execution of any application for any such permits or licenses. After completion of Tenant's alterations of the Library Department Premises, Tenant shall provide Landlord with a copy of the as built plans and specifications for written approval at least thirty (30) days before the commencement of any such work. FurtherAny work, the including interior and structural, performed by Tenant shall not commence improvements upon the Premises unless and until it has secured, and has on-hand, sufficient funds or resources to complete the improvement project. 10.04 Tenant shall cause any and all repairs and/or improvements to be performed competently and done in a good and workmanlike manner by manner. In the event such work results in a duly qualified and licensed person(s) claim of lien against Landlord, Tenant shall hold Landlord harmless from such claim of lien or entitieslien. 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 in the Premises to 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 utilizing its own employees, using first grade materials, and without interference with or disruption materials to the nearby residents Premises upon the request or occupants. 10.05 Tenant shall promptly pay all persons or entities furnishing labor and material with respect to any work performed by order of the Tenant or its contractor on any person claiming under, by or about through the PremisesTenant, must look wholly to the interest of the Tenant and not to that of the Landlord. Tenant covenants and agrees with Landlord that Tenant will not permit or suffer to be filed or claimed against the interest of the Landlord in the event a contractor is utilized, shall obtain and deliver to Landlord “releases” or waivers of liens from all parties doing work on or about the Premises, along with an affidavit from Tenant stating that all bills have been paid with regard to such work and that there are no outstanding obligations owed with respect to any such work performed on the Premises. 10.06 Landlord shall have no obligation, financial, regulatory or otherwise, for any and/or all activities necessary to construct, maintain or repair Tenant’s improvements, or for Tenant’s operations within on or about the Premises during the term continuance of this Agreement. 10.07 If Lease, any lien or liens of any kind by any person claiming under, by, through or against the Tenant’s improvements ; and if any such 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 released from such claim, 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 from such claim. Landlord shall maintain, repair activities or other actions relative (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 the Premises result in the introduction of hazardous materials or contamination exterior of the soil 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. Except as provided herein, Tenant shall be responsible for all day to 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 and 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, codes, regulations and other governmental requirements, including without limitation the Americans With Disabilities Act requiring changes, alterations or ground waterimprovements to the Premises, then unless such legal requirement is solely and directly necessitated by Tenant's particular manner of use or occupancy of the Premises. Landlord shall promptly give notice to Tenant agrees to: (1) immediately notify the Landlord of any contaminationwritten notice in respect of the Premises from governmental authorities. Tenant may, claim in good faith, dispute the validity of contamination any complaint or damage,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 commence any litigation against a governmental authority with respect to laws, codes, 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. 10.01 Tenant, at its sole cost and expense, may Tenant shall not make such structural improvements or structural alterations to the Premises that it herein leased without obtaining the express prior written consent of Landlord, such consent not to be unreasonably withheld, delayed or conditioned. Tenant shall deem reasonably necessary be permitted to place 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 such a state or condition that accordance with the Tenant may use it for the purposes described in this Agreement, so long as such improvements are Final Plans and Specifications previously approved by Landlord, as modified by space and site limitations. All other alterations shall require the Landlord in writing. 10.02 Tenant acknowledges and agrees to improve the Premises consistent with the site plan it provided to the consent of Landlord, which is attached heretoshall not be unreasonably withheld, delayed or conditioned. Landlord shall reasonably cooperate with Tenant and marked Exhibit Bassist Tenant in applying for and securing any permits and licenses which may be necessary in connection with Landlord’s Work and the making of any alterations, additions, changes and is incorporated herein by reference. 10.03 Prior to commencing any improvements, the Tenant must deliver all plans, specifications repairs and scheduling, at its sole cost and expenseupon request from Tenant, to execute or join in the Landlord, and specifically to the Director execution of any application for any such permits or licenses. After completion of Tenant’s alterations of the Library Department Premises, Tenant shall provide Landlord with a copy of the as built plans and specifications for written approval at least thirty (30) days before the commencement of any such work. FurtherAny work, the including interior and structural, performed by Tenant shall not commence improvements upon the Premises unless and until it has secured, and has on-hand, sufficient funds or resources to complete the improvement project. 10.04 Tenant shall cause any and all repairs and/or improvements to be performed competently and done in a good and workmanlike manner by manner. In the event such work results in a duly qualified and licensed person(s) claim of lien against Landlord, Tenant shall hold Landlord harmless from such claim of lien or entitieslien. 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 in the Premises to 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 utilizing its own employees, using first grade materials, and without interference with or disruption materials to the nearby residents Premises upon the request or occupants. 10.05 Tenant shall promptly pay all persons or entities furnishing labor and material with respect to any work performed by order of the Tenant or its contractor on any person claiming under, by or about through the PremisesTenant, must look wholly to the interest of the Tenant and not to that of the Landlord. Tenant covenants and agrees with Landlord that Tenant will not permit or suffer to be filed or claimed against the interest of the Landlord in the event a contractor is utilized, shall obtain and deliver to Landlord “releases” or waivers of liens from all parties doing work on or about the Premises, along with an affidavit from Tenant stating that all bills have been paid with regard to such work and that there are no outstanding obligations owed with respect to any such work performed on the Premises. 10.06 Landlord shall have no obligation, financial, regulatory or otherwise, for any and/or all activities necessary to construct, maintain or repair Tenant’s improvements, or for Tenant’s operations within on or about the Premises during the term continuance of this Agreement. 10.07 If Lease, any lien or liens of any kind by any person claiming under, by, through or against the Tenant; and if any such 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 released from such claim, 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 from such 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 the 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. Except as provided herein, Tenant shall be responsible for all day to 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 and 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, 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 improvements particular manner of use or repair activities or other actions relative occupancy of the Premises. Landlord shall promptly give notice to Tenant of any written notice in respect of the Premises result from governmental authorities. Tenant may, in good faith, dispute the introduction validity of hazardous materials any complaint or contamination action taken pursuant to or under color of any of the soil 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 commence any litigation against a governmental authority with respect to laws, codes, regulations and other governmental requirements without first obtaining Landlord’s prior written approval, which shall not be unreasonably withheld, delayed or ground water, then the Tenant agrees to: (1) immediately notify the Landlord of any contamination, claim of contamination or damage,conditioned).

Improvements and Repairs. 10.01 TenantIt is the intention of Lessee to construct new income producing improvements on the demised premises, and the nature, extent, and use of such improvements, if made, shall be in the discretion of Lessee. It is agreed that Lessee may construct on said premises any income producing structure or structures. All improvements, alterations, additions, deletions, modifications and repairs to the premises shall be at its the sole cost of Lessee and expense, may make such improvements to the Premises that it shall deem reasonably necessary to place the Premises in such a state or condition that the Tenant may use it for the purposes described in this Agreement, so long as such improvements are approved by the Landlord in writing. 10.02 Tenant acknowledges and Lessee agrees to improve the Premises consistent with the site plan it provided to the Landlord, which is attached heretopay for all labor and materials used, and marked Exhibit B, and is incorporated herein by reference. 10.03 Prior to commencing said improvements shall be the property of Lessee during the term of this lease. Lessee shall advise Lessor in writing of any intended improvements, the Tenant must deliver all plansalterations additions, specifications deletions, modifications and scheduling, at its sole cost and expense, to the Landlord, and specifically to the Director of the Library Department for written approval repairs at least thirty (30) days before in advance of commencing any work thereon. After initial construction of major improvements, such notice shall not be required as to incidental or minor improvements or repairs. All improvements on the commencement premises shall, except as 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 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 workpublic authority relative to the leased premises shall be the responsibility of Lessee and paid for by it. FurtherThis 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 of substantial improvements, alterations or construction on the subject premises, the Tenant funds requisite for the same shall not commence first be escrowed with a recognized bank or lending institution or a binding contract for the furnishing of such funds shall be entered into by Lessee with a person or persons, individual or corporate, of sound financial responsibility. The cost of said improvements upon shall be financed by a loan from a lending institution satisfactory to lessor. This loan is to be evidenced by a promissory note executed by lessee and secured by a first deed of trust against the Premises unless leased premises and until it has executed by lessor. The principal, interest, and terms and conditions of the promissory note and deed of trust shall be subject to the 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 then be recorded as a first deed of trust as to the leased premises and this lease shall be subordinate to said first deed of trust. Prior to commencing any substantial improvements, alteration or construction on the subject premises, lessee shall cause to be secured, relative to the same, without cost to lessor, a payment and has on-handperformance bond by the general contractor, sufficient funds guaranteeing all payments incident to the cost, including but not limited to costs and material, will be duly made, and that the performance of such project shall be completed and in accordance with the construction contract. The said bond, or resources to complete bonds, shall provide, standard, adequate and reasonable protection so that the improvement project. 10.04 Tenant shall cause any and all repairs and/or improvements work to be performed competently and in a good and workmanlike manner by a duly qualified and licensed person(s) or entities, or utilizing its own employees, using first grade materials, and without interference with or disruption to the nearby residents or occupants. 10.05 Tenant none shall promptly pay all persons or entities furnishing labor and material with respect to any work performed by Tenant or its contractor on or about the Premises, and in the event a contractor is utilized, shall obtain and deliver to Landlord “releases” or waivers of liens from all parties doing work on or about the Premises, along with an affidavit from Tenant stating that all bills have been paid with regard to such work be completed and that there are shall be no outstanding obligations owed with respect to any such work performed on liens against the Premises. 10.06 Landlord shall have no obligation, financial, regulatory or otherwise, for any and/or all activities necessary to construct, maintain or repair Tenant’s improvements, or for Tenant’s operations within on or about the Premises during the term of this Agreement. 10.07 If Tenant’s improvements or repair activities premises. Such bond shall be secured from a major national surety or other actions insurance company of good 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, and amount of, and the surety or insurance company selected relative to the Premises result in the introduction of hazardous materials form, and amount of, such completion bond, or contamination of the soil or ground waterbonds, then the Tenant agrees to: (1) immediately notify the Landlord of any contaminationshall first be submitted to and approved by Lessor, claim of contamination or damage,who shall, however, not unreasonably withhold such approval.