Common use of Improvements to be Constructed by Company Clause in Contracts

Improvements to be Constructed by Company. 1. Notwithstanding any other provisions herein, Company shall be responsible for undertaking at its own cost and expense the demolition of existing improvements and the installation of all Improvements in the Premises together with, fixtures, furnishings, signage, trade fixtures and equipment necessary to conduct its operations at the Premises, including, but not limited to, all interior and exterior finishes, counter shelving, cabinets, display cases, air conditioning and heating ductwork and controls for air distribution within the Premises, lighting, communication and power fixtures, all wiring, accessories and panels required to bring power from the main electrical panel to the Premises, and any water piping, control and drainage facilities (if the same are required for its operations on the Premises). Additionally, Company shall provide air handlers, variable volume controllers, fan coil, distribution ductwork, chilled water piping, etc., for heating and air conditioning throughout the Premises. Air handlers, and/or fan coils shall be controlled by space temperature sensors and microzone controllers (HVAC suppliers utilize microflow controllers) provided by Company tied to the building automation system. Company shall at its expense provide the necessary hardware and installation to connect its electrical services to the Aviation Authority's automation system. (Terminal units shall be controlled by Company-provided thermostats that are interlocked to close when the associated air handler is shut down). Company shall also abide by the South Airport Complex Tenant Design Criteria, dated December 15, 2017 including the Appendix, LEED Tenant Guidelines. These documents are updated periodically and it is Company’s responsibility to coordinate with the Aviation Authority for updates. 2. To ensure construction of a first class concession, Company agrees to expend not less than and No/100 Dollars ($ .00) per square foot and an approximate total of Improvements of the Premises. and No/100 Dollars ($ .00) in the Original 3. Company shall abide by the South Airport Complex Tenant Design Criteria as shown on Exhibit "D", which were delivered by Aviation Authority to Company on CD ROM prior to the execution of this Agreement, and to the other provisions of this Agreement. The Chief Executive Officer shall have the right at any time during the term of this Agreement to enter the Premises to ensure that Company's operations conform to the South Airport Complex Tenant Design Criteria. Immediately upon its receipt of written notice from the Chief Executive Officer that it has been determined that Company's display, design, or operations are not in compliance with the South Airport Complex Tenant Design Criteria or the other provisions of the Agreement, Company shall make modifications necessary to achieve compliance. 4. Company shall construct, the Premises and install new (acceptable to the Chief Executive Officer in his sole discretion) fixtures and furnishings in accordance with the provisions of this Article 6. 5. Any clocks exposed to public view shall be compatible with and be connected to the Aviation Authority's master clock system, at Company's expense and with the prior written approval of the Chief Executive Officer. 6. No televisions may be located in any portion of the Premises that is visible to the public. 7. The Improvements required hereunder are not required to enhance the value of the Premises or to provide monetary benefit to the Aviation Authority. The improvements are closely associated with Company’s brand concept, and will be demolished and rebuilt to meet the requirements for a successive concessionaire for a subsequent concession at the end of Company’s Term. Therefore, such improvements required under this Article 6.B. should not be considered rental payments subject to the Florida commercial rental sales tax.

Improvements to be Constructed by Company. 1. Notwithstanding any other provisions herein, Company shall be responsible for undertaking at its own cost and expense the demolition of existing improvements and the installation of all Improvements in the Premises together with, fixtures, furnishings, signage, trade fixtures and equipment necessary to conduct its operations at the Premises, including, but not limited to, all interior and exterior finishes, counter shelving, cabinets, display cases, air conditioning and heating ductwork and controls for air distribution within the Premises, lighting, communication and power fixtures, all wiring, accessories and panels required to bring power from the main electrical panel to the Premises, and any water piping, control and drainage facilities (if the same are required for its operations on the Premises). Additionally, Company shall provide air handlers, variable volume controllers, fan coil, distribution ductwork, chilled water piping, etc., for heating and air conditioning throughout the Premises. Air handlers, and/or fan coils shall be controlled by space temperature sensors and microzone controllers (HVAC suppliers utilize microflow controllers) provided by Company tied to the building automation system. Company shall at its expense provide the necessary hardware and installation to connect its electrical services to the Aviation Authority's automation system. (Terminal units shall be controlled by Company-provided thermostats that are interlocked to close when the associated air handler is shut down). Company shall also abide by the South Airport Complex Tenant Design Criteria, dated December 15, 2017 including the Appendix, LEED Tenant Guidelines. These documents are updated periodically and it is Company’s responsibility to coordinate with the Aviation Authority for updates. 2. To ensure construction of a first class concession, Company agrees to expend not less than _______ and No/100 Dollars ($ .00$____) per square foot and an approximate total of ______ and No/100 Dollars ($___.00) in the Original Improvements of the Premises. and No/100 Dollars ($ .00) in the Original 3. Company shall abide by the South Airport Complex Tenant Design Criteria Criteria, as shown on Exhibit "D", which were delivered by Aviation Authority to Company on CD ROM prior to the execution of this Agreement, and to the other provisions of this Agreement. The Chief Executive Officer shall have the right at any time during the term of this Agreement to enter the Premises to ensure that Company's operations conform to the South Airport Complex Tenant Design Criteria. Immediately upon its receipt of written notice from the Chief Executive Officer that it has been determined that Company's display, design, or operations are not in compliance with the South Airport Complex Tenant Design Criteria or the other provisions of the Agreement, Company shall make modifications necessary to achieve compliance. 4. Company shall construct, construct the Premises and install new (acceptable to the Chief Executive Officer in his sole discretion) fixtures and furnishings in accordance with the provisions of this Article 6. 5. Any clocks exposed to public view shall be compatible with and be connected to the Aviation Authority's master clock system, at Company's expense and with the prior written approval of the Chief Executive Officer. 6. No televisions may be located in any portion of the Premises that is visible to the public. 7. The Improvements required hereunder are not required to enhance the value of the Premises or to provide monetary benefit to the Aviation Authority. The improvements are closely associated with Company’s brand concept, and will be demolished and rebuilt to meet the requirements for a successive concessionaire for a subsequent concession at the end of Company’s Term. Therefore, such improvements required under this Article 6.B. should not be considered rental payments subject to the Florida commercial rental sales tax.

Improvements to be Constructed by Company. 1. Notwithstanding any other provisions herein, Company shall be responsible for undertaking at its own cost and expense the demolition of existing improvements and the installation of all Improvements in the Premises together with, fixtures, furnishings, signage, trade fixtures and equipment necessary to conduct its operations at the Premises, including, but not limited to, all interior and exterior finishes, counter shelving, cabinets, display cases, air conditioning and heating ductwork and controls for air distribution within the Premises, lighting, communication and power fixtures, all wiring, accessories and panels required to bring power from the main electrical panel to the Premises, and any water piping, control and drainage facilities (if the same are required for its operations on the Premises). Additionally, Company shall provide air handlers, variable volume controllers, fan coil, distribution ductwork, chilled water piping, etc., for heating and air conditioning throughout the Premises. Air handlers, and/or fan coils shall be controlled by space temperature sensors and microzone controllers (HVAC suppliers utilize microflow controllers) provided by Company tied to the building automation system. Company shall at its expense provide the necessary hardware and installation to connect its electrical services to the Aviation Authority's automation system. (Terminal units shall be controlled by Company-provided thermostats that are interlocked to close when the associated air handler is shut down). Company shall also abide by the South Airport Complex Tenant Design Criteria, dated December 15, 2017 including the Appendix, LEED Tenant Guidelines. These documents are updated periodically and it is Company’s responsibility to coordinate with the Aviation Authority for updates. 2. To ensure construction of a first class concession, Company agrees to expend not less than and No/100 Dollars ($ .00) per square foot and an approximate total of Improvements of the Premises. and No/100 Dollars ($ .00) in the OriginalOriginal Improvements of the Premises. 3. Company shall abide by the South Airport Complex Tenant Design Criteria Retail, Food and Beverage as shown on Exhibit "D", which were delivered by Aviation Authority to Company on CD ROM prior to the execution of this Agreement, and to the other provisions of this Agreement. The Chief Executive Officer shall have the right at any time during the term of this Agreement to enter the Premises to ensure that Company's operations conform to the South Airport Complex Tenant Design CriteriaCriteria Retail, Food and Beverage. Immediately upon its receipt of written notice from the Chief Executive Officer that it has been determined that Company's display, design, or operations are not in compliance with the South Airport Complex Tenant Design Criteria Retail, Food and Beverage or the other provisions of the Agreement, Company shall make modifications necessary to achieve compliance. 4. Company shall construct, the Premises and install new (acceptable to the Chief Executive Officer in his sole discretion) fixtures and furnishings in accordance with the provisions of this Article 6. 5. Any clocks exposed to public view shall be compatible with and be connected to the Aviation Authority's master clock system, at Company's expense and with the prior written approval of the Chief Executive Officer. 6. No televisions may be located in any portion of the Premises that is visible to the public. 7. The Improvements required hereunder are not required to enhance the value of the Premises or to provide monetary benefit to the Aviation Authority. The improvements are closely associated with Company’s brand concept, and will be demolished and rebuilt to meet the requirements for a successive concessionaire for a subsequent concession at the end of Company’s Term. Therefore, such improvements required under this Article 6.B. should not be considered rental payments subject to the Florida commercial rental sales tax.

Improvements to be Constructed by Company. 1. Notwithstanding any other provisions herein, Company shall be responsible for undertaking at its own cost and expense the demolition of existing improvements and the installation of all Improvements in the Premises together with, fixtures, furnishings, signage, trade fixtures and equipment necessary to conduct its operations at the Premises, including, but not limited to, all interior and exterior finishes, counter shelving, cabinets, display cases, air conditioning and heating ductwork and controls for air distribution within the Premises, lighting, communication and power fixtures, all wiring, accessories and panels required to bring power from the main electrical panel to the Premises, and any water piping, control and drainage facilities (if the same are required for its operations on the Premises). Additionally, Company shall provide air handlers, variable volume controllers, fan coil, distribution ductwork, chilled water piping, etc., for heating and air conditioning throughout the Premises. Air handlers, and/or fan coils shall be controlled by space temperature sensors and microzone controllers (HVAC suppliers utilize microflow controllers) provided by Company tied to the building automation system. Company shall at its expense provide the necessary hardware and installation to connect its electrical services to the Aviation Authority's automation system. (Terminal units shall be controlled by Company-provided thermostats that are interlocked to close when the associated air handler is shut down). Company shall also abide by the South Airport Complex Tenant Design Criteria, dated December 15, 2017 2017, including the Appendix, LEED Tenant Guidelines. These documents are updated periodically and it is Company’s responsibility to coordinate with the Aviation Authority for updates. 2. To ensure construction of a first class concession, Company agrees to expend not less than Five Hundred and No/100 Dollars ($ .00$500.00) per square foot and an approximate of the Premises for a total of not less than Two Million Three Hundred Seventy-Five Thousand and No/100 Dollars ($2,375,000.00) in the Original Improvements of the Premises. and No/100 Dollars ($ .00) in the Original. 3. Company shall abide by the South Airport Complex Tenant Design Criteria as shown on Exhibit "D", which were delivered by Aviation Authority to Company on CD ROM prior to the execution of this Agreement, and to the other provisions of this Agreement. The Chief Executive Officer shall have the right at any time during the term of this Agreement to enter the Premises to ensure that Company's operations conform to the South Airport Complex Tenant Design Criteria. Immediately upon its receipt of written notice from the Chief Executive Officer that it has been determined that Company's display, design, or operations are not in compliance with the South Airport Complex Tenant Design Criteria or the other provisions of the Agreement, Company shall make modifications necessary to achieve compliance. 4. Company shall construct, the Premises and install new (acceptable to the Chief Executive Officer in his sole discretion) fixtures and furnishings in accordance with the provisions of this Article 6. 5. Any clocks exposed to public view shall be compatible with and be connected to the Aviation Authority's master clock system, at Company's expense and with the prior written approval of the Chief Executive Officer. 6. No televisions may be located in any portion of the Premises that is visible to the public. 7. The Improvements required hereunder are not required to enhance the value of the Premises or to provide monetary benefit to the Aviation Authority. The improvements are closely associated with Company’s brand concept, and will be demolished and rebuilt to meet the requirements for a successive concessionaire for a subsequent concession at the end of Company’s Term. Therefore, such improvements required under this Article 6.B. should not be considered rental payments subject to the Florida commercial rental sales tax.

Improvements to be Constructed by Company. 1. Notwithstanding any other provisions herein, Company shall be responsible for undertaking at its own cost and expense the demolition of existing improvements and the installation of all Improvements in the Premises together with, fixtures, furnishings, signage, trade fixtures and equipment necessary to conduct its operations at the Premises, including, but not limited to, all interior and exterior finishes, counter shelving, cabinets, display cases, air conditioning and heating ductwork and controls for air distribution within the Premises, lighting, communication and power fixtures, all wiring, accessories and panels required to bring power from the main electrical panel to the Premises, and any water piping, control and drainage facilities (if the same are required for its operations on the Premises). Additionally, Company shall provide air handlers, variable volume controllers, fan coil, distribution ductwork, chilled water piping, etc., for heating and air conditioning throughout the Premises. Air handlers, and/or fan coils shall be controlled by space temperature sensors and microzone controllers (HVAC suppliers utilize microflow controllers) provided by Company tied to the building automation system. Company shall at its expense provide the necessary hardware and installation to connect its electrical services to the Aviation Authority's automation system. (Terminal units shall be controlled by Company-provided thermostats that are interlocked to close when the associated air handler is shut down). Company shall also abide by the South Airport Complex Tenant Design Criteria, dated December 15, 2017 including the Appendix, LEED Tenant Guidelines. These documents are updated periodically and it is Company’s responsibility to coordinate with the Aviation Authority for updates. 2. To ensure construction of a first class concession, Company agrees to expend not less than and No/100 Dollars ($ .00) per square foot and an approximate total of Improvements of the Premises. and No/100 Dollars ($ .00) in the Original 3. Company shall abide by the South Airport Complex Tenant Design Criteria Retail, Food and Beverage as shown on Exhibit "D", which were delivered by Aviation Authority to Company on CD ROM prior to the execution of this Agreement, and to the other provisions of this Agreement. The Chief Executive Officer shall have the right at any time during the term of this Agreement to enter the Premises to ensure that Company's operations conform to the South Airport Complex Tenant Design CriteriaCriteria Retail, Food and Beverage. Immediately upon its receipt of written notice from the Chief Executive Officer that it has been determined that Company's display, design, or operations are not in compliance with the South Airport Complex Tenant Design Criteria Retail, Food and Beverage or the other provisions of the Agreement, Company shall make modifications necessary to achieve compliance. 4. Company shall construct, the Premises and install new (acceptable to the Chief Executive Officer in his sole discretion) fixtures and furnishings in accordance with the provisions of this Article 6. 5. Any clocks exposed to public view shall be compatible with and be connected to the Aviation Authority's master clock system, at Company's expense and with the prior written approval of the Chief Executive Officer. 6. No televisions may be located in any portion of the Premises that is visible to the public. 7. The Improvements required hereunder are not required to enhance the value of the Premises or to provide monetary benefit to the Aviation Authority. The improvements are closely associated with Company’s brand concept, and will be demolished and rebuilt to meet the requirements for a successive concessionaire for a subsequent concession at the end of Company’s Term. Therefore, such improvements required under this Article 6.B. should not be considered rental payments subject to the Florida commercial rental sales tax.