Common use of IMPROVEMENTS BY LESSEE Clause in Contracts

IMPROVEMENTS BY LESSEE. Lessee shall have the right to make such nonstructural alterations, additions or improvements within the Premises as it considers necessary or desirable for the conduct of its business, provided that (i) Lessor has approved said alterations; (ii) all work shall be done in a good and workmanlike manner and in accordance with all applicable laws and regulations and the other provisions of this Lease; (iii) the structural integrity of the. building shall not be impaired; (iv) Lessee shall submit to Lessor complete plans and specifications for any alterations, additions or improvements to the Premises; (v) Lessee shall not unreasonably interfere with the use of the building by Lessor or any other tenants; (vi) Lessee shall not permit any liens to attach to the Premises. Except as otherwise provided, all signs, furnishings, trade fixtures and other removable personal property paid for and/or installed in the Premises. by Lessee and not constituting a part of the Building shall remain the property of Lessee and shall be removed by Lessee upon the termination of this Lease, provided that any of such items as are affixed to the Premises and requite severance shall be removed by Lessee, and Lessee shall repair any damage caused by such removal. Those items not removed by Lessee on or before thirty (30) days after the termination of this Lease, and vacation of the Premises by Lessee, shall he deemed abandoned by the Lessee and, at Landlord’s election, may be treated and/or disposed of by Lessor as Lessor’s property without further right or claim thereto by Lessee, except that Lessee shall reimburse Lessor for the cost of removal, if Lessor elects to, have the same removed.

IMPROVEMENTS BY LESSEE. Lessee LESSEE shall have the right at its own expense to make such nonstructural alterations, reasonable structural alterations or additions or improvements within to the Premises as it considers necessary having first obtained LESSOR's written approval which shall not be unreasonably withheld. All changes to the building which could in any way impair the building structure must be designed by a qualified, licensed, structural engineer, and LESSOR by its consent to any changes or desirable alterations is not responsible for any problems or liability resulting from such changes. However, LESSEE, without approval, may make nonstructural and interior office alterations and improvements, if such alterations and improvements do not damage, reduce the conduct of its businessvalue of, provided that (i) Lessor has approved said alterations; (ii) all work shall be done in a good and workmanlike manner and in accordance with all applicable laws and regulations and the other provisions of this Lease; (iii) nor impair the structural integrity of thethe building. building THE LESSEE SHALL, UNDER NO CONDITIONS, HAVE THE POWER OR AUTHORITY TO SUBJECT, AND IS EXPRESSLY PROHIBITED FROM SUBJECTING THE PREMISES TO ANY LIEN, CHARGE OR ENCUMBRANCES WHATSOEVER, and shall not be impaired; (iv) Lessee shall submit promptly remove or transfer to Lessor complete plans and specifications for a satisfactory bond, any alterations, additions or improvements to such liens imposed against the Premises; (v) Lessee , and shall not unreasonably interfere with indemnify, defend, and save harmless the use of LESSOR against all liens, charges or encumbrances that may be asserted against the building by Lessor or any other tenants; (vi) Lessee shall not permit any liens to attach to subject premises as the Premisesresult OF LESSEE's action. Except as otherwise provided, all signs, furnishings, trade Trade fixtures and other removable personal property paid for and/or office improvements placed or installed in upon or within the Premises. Premises by Lessee and not constituting a part of the Building LESSEE shall remain the personal property of Lessee LESSEE and shall may be removed by Lessee upon the termination of this Leaselease agreement, provided that any of such items as are affixed to the Premises and requite severance shall be removed by Lessee, and Lessee shall repair LESSEE satisfactorily repairs any damage caused by such resulting from said removal. Those items not removed by Lessee on or before thirty (30) days after the Upon termination of this Leaselease agreement, and vacation of LESSEE shall restore the Premises to LESSOR in the same condition as when LESSEE received the same, excepting structural improvements made by LesseeLESSEE with the written approval of LESSOR, shall he deemed abandoned by the Lessee and, at Landlord’s election, repairs which may be treated and/or disposed the responsibility of LESSOR, ordinary wear and tear, damage by Lessor as Lessor’s property without further right fire or claim thereto other casualty covered by Lesseeinsurance or the elements or acts of God excepted. LESSOR acknowledges that LESSEE intends to finish approximately 30,000 square feet of office area at its own expense, except that Lessee shall reimburse Lessor estimated to be $300,000, (the "Tenant Improvements") and approval for the cost of removal, if Lessor elects to, have the same removedsuch improvements is hereby granted.

IMPROVEMENTS BY LESSEE. Lessee LESSEE shall have the right at his own expense to make such nonstructural alterations, reasonable structural alterations or additions or improvements within to the leased Premises as it considers necessary or desirable for the conduct of its business, provided that (i) Lessor has approved said alterations; (ii) all work shall be done in a good and workmanlike manner and in accordance with all applicable laws and regulations and the other provisions of this Lease; (iii) the structural integrity of the. building having first obtained LESSOR's written approval which shall not be impaired; unreasonable withheld. However, LESSEE, without approval, may make nonstructural and interior office alterations and improvements, if such alterations and improvements are minor changes which do not damage, reduce the value of, nor impair the structural strength of the building. THE LESSEE SHALL, UNDER NO CONDITIONS, HAVE THE POWER OR AUTHORITY TO SUBJECT, AND IS EXPRESSLY PROHIBITED FROM SUBJECTING THE PREMISES TO ANY LIEN, CHARGE OR ENCUMBRANCES WHATSOEVER, AND SHALL indemnify, defend, and save harmless the LESSOR against all liens, charges or encumbrances that may be asserted against the subject premises the result of LESSEE's action. LESSEE shall have the option for a period of thirty (iv30) Lessee shall submit months from the Commencement Date of this Lease Agreement to Lessor complete plans and specifications for any alterations, additions or improvements have constructed by LESSOR additional facilities on the property adjacent to the Premiseseast boundary of the Premises under a Lease Agreement containing the same terms and conditions of this Lease Agreement except the rental which shall be negotiated between the parties to reflect the additional land and improvements; (v) Lessee shall not unreasonably interfere said additional property when combined with the use of the building by Lessor existing 8.0215 acres, more or any other tenants; less, shall aggregate 11 acres, more or less. Said option must be exercised within said thirty (vi30) Lessee shall not permit any liens to attach to the Premisesmonth time period. Except as otherwise provided, all signs, furnishings, trade Trade fixtures and other removable personal property paid for and/or office improvements placed or installed in upon or within the Premises. leased Premises by Lessee and not constituting a part of the Building LESSEE shall remain the personal property of Lessee LESSEE and shall may be removed by Lessee upon termination of the Lease agreement, provided LESSEE satisfactorily repairs any damage resulting from said removal. Upon termination of this Lease, provided that any of such items as are affixed LESSEE shall restore the leased Premises to the Premises and requite severance shall be removed by Lessee, and Lessee shall repair any damage caused by such removal. Those items not removed by Lessee on or before thirty (30) days after the termination of this Lease, and vacation of the Premises by Lessee, shall he deemed abandoned by the Lessee and, at Landlord’s election, may be treated and/or disposed of by Lessor as Lessor’s property without further right or claim thereto by Lessee, except that Lessee shall reimburse Lessor for the cost of removal, if Lessor elects to, have LESSOR in the same removedcondition as when LESSEE received the same, excepting structural improvements made by LESSEE with the written approval of LESSOR, repairs which are the responsibility of LESSOR, ordinary wear and tear, damage by fire or other casualty covered by insurance or the elements or acts of God excepted.

IMPROVEMENTS BY LESSEE. Lessee covenants and agrees and it is an express condition of this Lease that Lessee with due diligence, at its own cost and expense, shall have as soon as reasonably practicable commence to construct upon the right Property the Improvements specified to make such nonstructural alterationsbe constructed in the required and permitted use section of this Lease. In addition to construction of said Improvements, additions or improvements within Lessee agrees, at its own cost and expense, to perform the Premises as it considers necessary or desirable following work with respect to the Premises: (1) Make all sewer, gas and water connections between the Improvements and main lines with meters for all utility services being located on the conduct of its business, provided that (i) Lessor has approved said alterationsProperty; (ii2) Make all work electrical service connections from the Improvements to utility lines with meters for all utility services being located on the Property; and (3) Grade the Property, as necessary, for effective on-site drainage and provide all necessary underground connections or extensions to carry storm water from the Premises. The layout, specifications, detailed plans and architectural plans of all Improvements to be constructed upon the Property and adjacent thereto shall be done in a good subject to the prior written approval of the Port. Lessee warrants that the proposed Improvements if constructed or installed consistently with the plans and workmanlike manner and in accordance specifications will comply with all applicable laws and regulations regarding disabled or handicapped persons, including without limitation the Americans With Disabilities Act of 1990. In addition, construction or installation of Improvements shall not commence unless and until Lessee, or its licensed contractor, shall have secured, at no cost to the Port, all other provisions necessary permits, including, but not limited to, building permits and any necessary approvals and permits from the San Francisco Bay Conservation and Development Commission. Lessee agrees to comply with all terms and conditions of permits whether secured by Lessee or the Port. Lessee diligently shall prosecute to completion the construction of the Improvements and all other work required by this Section, including the landscaping of the Property, in no event later than 12 months after the commencement of the term of this Lease; (iii) . Lessee shall be responsible for the structural integrity repair of theany Port or other facilities which are damaged as a result of Lessee’s construction activities. building shall not be impaired; (iv) Lessee within 30 days of completion of the Improvements as evidenced by a Notice of Completion and issuance of a Certificate of Occupancy for all or any portion of the Improvements shall submit to Lessor complete plans and specifications for any alterations, additions or improvements to the Premises; (v) Lessee shall not unreasonably interfere with the use Port a statement signed by Lessee’s chief financial officer of the building by Lessor or any other tenants; total of Lessee’s expenditures for the Improvements (vi) Lessee shall not permit any liens to attach to the Premises. Except as otherwise provided, all signs, furnishings, trade fixtures and other removable personal property paid for and/or installed in the Premises. by Lessee and not constituting a part of the Building shall remain the property of Lessee and shall be removed by Lessee upon the termination of this Lease, provided that any of such items as are affixed to the Premises and requite severance shall be removed by Lessee, and Lessee shall repair any damage caused by such removal. Those items not removed by Lessee on or before thirty (30) days after the termination of this Lease, and vacation of the Premises by Lessee, shall he deemed abandoned by the Lessee and, at Landlord’s election, may be treated and/or disposed of by Lessor as Lessor’s property without further right or claim thereto by Lessee, except that Lessee shall reimburse Lessor for including the cost of removalany tenant improvements then in place), if Lessor elects toequipment, have the same removedfurnishings and trade fixtures, together with a complete set of "as-built plans".

IMPROVEMENTS BY LESSEE. Lessee covenants and agrees and it is an express condition of this Lease that Lessee with due diligence, at its own cost and expense, shall have as soon as reasonably practicable commence to construct upon the right Property the Improvements specified to make such nonstructural alterationsbe constructed in the required and permitted use section of this Lease. In addition to construction of said Improvements, additions or improvements within Lessee agrees, at its own cost and expense, to perform the Premises as it considers necessary or desirable following work with respect to the Premises: (1) Make all sewer, gas and water connections between the Improvements and main lines with meters for all utility services being located on the conduct of its business, provided that (i) Lessor has approved said alterationsProperty; (ii2) Make all work electrical service connections from the Improvements to utility lines with meters for all utility services being located on the Property; and (3) Grade the Property, as necessary, for effective on-site drainage and provide all necessary underground connections or extensions to carry storm water from the Premises. The layout, specifications, detailed plans and architectural plans of all Improvements to be constructed upon the Property and adjacent thereto shall be done in a good subject to the prior written approval of the Port. Lessee warrants that the proposed Improvements if constructed or installed consistently with the plans and workmanlike manner and in accordance specifications will comply with all applicable laws and regulations regarding disabled or handicapped persons, including without limitation the Americans With Disabilities Act of 1990. In addition, construction or installation of Improvements shall not commence unless and until Lessee, or its licensed contractor, shall have secured, at no cost to the Port, all other provisions necessary permits, including, but not limited to, building permits and any necessary approvals and permits from the San Francisco Bay Conservation and Development Commission. Xxxxxx agrees to comply with all terms and conditions of permits whether secured by Xxxxxx or the Port. Lessee diligently shall prosecute to completion the construction of the Improvements and all other work required by this Section, including the landscaping of the Property, in no event later than 12 months after the commencement of the term of this Lease; (iii) . Lessee shall be responsible for the structural integrity repair of theany Port or other facilities which are damaged as a result of Xxxxxx’s construction activities. building shall not be impaired; (iv) Lessee within 30 days of completion of the Improvements as evidenced by a Notice of Completion and issuance of a Certificate of Occupancy for all or any portion of the Improvements shall submit to Lessor complete plans and specifications for any alterations, additions or improvements to the Premises; (v) Lessee shall not unreasonably interfere with the use Port a statement signed by Xxxxxx’s chief financial officer of the building by Lessor or any other tenants; total of Xxxxxx’s expenditures for the Improvements (vi) Lessee shall not permit any liens to attach to the Premises. Except as otherwise provided, all signs, furnishings, trade fixtures and other removable personal property paid for and/or installed in the Premises. by Lessee and not constituting a part of the Building shall remain the property of Lessee and shall be removed by Lessee upon the termination of this Lease, provided that any of such items as are affixed to the Premises and requite severance shall be removed by Lessee, and Lessee shall repair any damage caused by such removal. Those items not removed by Lessee on or before thirty (30) days after the termination of this Lease, and vacation of the Premises by Lessee, shall he deemed abandoned by the Lessee and, at Landlord’s election, may be treated and/or disposed of by Lessor as Lessor’s property without further right or claim thereto by Lessee, except that Lessee shall reimburse Lessor for including the cost of removalany tenant improvements then in place), if Lessor elects toequipment, have the same removedfurnishings and trade fixtures, together with a complete set of "as-built plans".