Common use of IMPROVEMENTS TO SPACE Clause in Contracts

IMPROVEMENTS TO SPACE. In the event WinStar desires to make improvements to the Space which improvements are deemed material and substantial as reasonably determined by Xxxxxxxx ("Material Improvements"), WinStar shall submit all plans and specifications for such work to be performed in the Space to Xxxxxxxx for Xxxxxxxx' prior written approval, which approval shall not be unreasonably withheld or delayed. No construction for Material Improvements may commence until the foregoing consent is obtained. WinStar agrees that its use or construction of the Space shall not interfere with Xxxxxxxx' use of its Premises or other tenants' use of their premises in the building in which the Premises are located. WinStar shall not employ any contractor to perform Material Improvements unless previously approved in writing by Xxxxxxxx, which approval shall not be unreasonably withheld (and approved in writing by the Landlord if required by the lease). WinStar and each contractor and subcontractor participating in performing material Improvements shall warrant that such work shall be free from all mechanic's and/or materialman's liens and free from any and all defects in workmanship and materials for the period of time which customarily applies in good contracting practice, but in no event for less than one (1) year after the acceptance of the work by WinStar and Xxxxxxxx. The aforesaid warrantees of each such contractor and subcontractor and WinStar shall include the obligation to repair or replace in a workmanlike manner all defects in workmanship and materials without any additional charge. It shall be WinStar's responsibility to cause each of WinStar's contractors and subcontracts to maintain continuous protection of the premises adjacent to the Space in such manner as to prevent any damage to such adjacent property by reason of the performance of WinStar's work. All of WinStar's work shall be coordinated with all work being performed or to be performed by Xxxxxxxx and other tenants of the building in which the Premises are located. The contractor or subcontractor shall not at any time damage, injure, interfere with or delay the completion of any other construction within the building; and they and each of them shall comply with all procedures and regulations prescribed by Xxxxxxxx and the Landlord of the Premises for integration of winter's work with the work to be performed in connection with the construction of the building, and all other construction within the building which comprises or contains the Premises. All fixtures, alterations, additions, repairs, improvements and/or appurtenances attached to or built into, on or about the Space prior to or during the Term of the license relevant thereto, whether by Xxxxxxxx at its expense or at the expense of WinStar, or by WinStar at its expense or by previous occupants of the Space, shall be and remain part of the Space and shall not be removed by WinStar at the end of the Term of the license relevant to the Space. Upon termination or expiration of the Term relevant to the Space, Xxxxxxxx shall allow WinStar thirty (30) days from the date of such termination or expiration, at WinStar's sole cost and expense, to remove all trade fixtures (including, but not limited to, rectifiers/chargers, batteries, AC power conditioning equipment, telecommunication switching equipment, channel banks, etc.) installed by WinStar provided that the Space is restored by WinStar to its condition before the installation of such items and that all such work (including restoration) is performed in accordance with the other provisions of this Schedule. If WinStar shall fail to complete such removal and restoration within the aforesaid thirty (30) day time period, all such trade fixtures remaining within the Space or at the Premises may, at Xxxxxxxx' option, become the sole property of Xxxxxxxx, and Xxxxxxxx may dispose of such trade fixtures as it deems appropriate. WinStar shall continue to pay the Service Fee specified in the relevant Collocation Service Order until the earlier of: (i) WinStar's removal of such trade fixtures and completion of such restoral or (ii) Xxxxxxxx' taking possession of such trade fixtures as set forth above. All work affecting the Space shall be in compliance with all laws, ordinances, rules, regulations, orders and directives of governmental and quasi-governmental bodies and authorities having jurisdiction over the Premises and the Space from time to time and WinStar shall obtain and keep in effect all licenses, permits and other authorizations required with respect to the business conducted by WinStar within the Space.

IMPROVEMENTS TO SPACE. In the event WinStar SBCS desires to make improvements to the Space which improvements are deemed material and substantial as reasonably determined by Xxxxxxxx Willxxxx ("Material Xaterial Improvements"), WinStar SBCS shall submit all plans and specifications for such work to be performed in the Space to Xxxxxxxx for XxxxxxxxWillxxxx xxx Willxxxx' prior xxior written approval, which approval shall not be unreasonably withheld or delayed. No construction for Material Improvements may commence until the foregoing consent is obtained. WinStar SBCS agrees that its use or construction of the Space shall not interfere with XxxxxxxxWillxxxx' use xxe of its Premises or other tenants' use of their premises in the building in which the Premises are located. WinStar SBCS shall not employ any contractor to perform Material Improvements material improvements unless previously approved in writing by Xxxxxxxx, which Willxxxx xxxch approval shall not be unreasonably withheld withheld, delayed or conditioned (and approved in writing by the Landlord if required by the leaseWillxxxx' xxase or license). WinStar and SBCS shall warrant or shall obtain a warranty from each contractor and subcontractor participating in performing material Improvements shall warrant improvements that such the work shall be free from all mechanic's and/or materialman's liens and free from any and all defects in workmanship and materials for the period of time which customarily applies in good contracting practice, but in no event for less than one (1) year after the acceptance of the work by WinStar SBCS and XxxxxxxxWillxxxx. The Xxe aforesaid warrantees of each such contractor and subcontractor and WinStar SBCS shall include the obligation to repair or replace in a thoroughly first-class and workmanlike manner all defects in workmanship and materials without any additional charge. All the material improvements shall be contained in the contracts and subcontracts for performance of SBCS's work and shall be written so that they shall inure to the benefit of Willxxxx xxx SBCS as their respective interests may appear. Such warrantees shall be so written that they can be directly enforced by either SBCS or Willxxxx, xxd SBCS shall give to Willxxxx xxx assignment or other assurance to effectuate the same. It shall be WinStarSBCS's responsibility to cause each of WinStarSBCS's contractors and subcontracts subcontractors to maintain continuous protection of the premises adjacent to the Space in such manner as to prevent any damage to such adjacent property by reason of the performance of WinStarSBCS's work. All of WinStarSBCS's work shall be coordinated with all work being performed or to be performed by Xxxxxxxx and Willxxxx xxx other tenants of the building in which the Premises are located. The contractor or subcontractor shall not at any time damage, injure, interfere with or delay the completion of any other construction within the building; and they and each of them shall comply with all procedures and regulations prescribed by Xxxxxxxx and Willxxxx xxx the Landlord of the Premises for integration of winterSBCS's work with the work to be performed in connection with the construction of the building, and all other construction within the building which comprises or contains the Premises. All fixtures, alterations, additions, repairs, improvements and/or appurtenances attached to or built into, on or about the Space prior to or during the Term of the license relevant thereto, whether by Xxxxxxxx at Willxxxx xx its expense or at the expense of WinStarSBCS, or by WinStar SBCS at its expense or by previous occupants of the Space, shall be and remain part of the Space and shall not be removed by WinStar SBCS at the end of the Term of the license relevant to the Space. Upon termination or expiration of the Term relevant to the Space, Xxxxxxxx shall Willxxxx xxxll allow WinStar SBCS thirty (30) days from after the date of such termination or expiration, at WinStarSBCS's sole cost and expense, to remove all trade fixtures (including, but not limited to, rectifiers/chargers, batteries, AC power conditioning equipment, telecommunication switching equipment, channel banks, etc.) installed by WinStar SBCS provided that the Space is restored by WinStar SBCS to its condition before the installation of such items and that all such work (including restoration) is performed in accordance with the other provisions of this Schedule. If WinStar SBCS shall fail to complete such removal and restoration within the aforesaid thirty (30) day time period, all such trade fixtures remaining within the Space or at the Premises may, at XxxxxxxxWillxxxx' optionxxtion, become the sole property of XxxxxxxxWillxxxx, and Xxxxxxxx may xxd Willxxxx xxx dispose of such trade fixtures as it deems appropriate. WinStar SBCS shall continue to pay the Service Fee specified in the relevant Collocation Service Order until the earlier of: (i) WinStarSBCS's removal of such trade fixtures and completion of such restoral or (ii) XxxxxxxxWillxxxx' taking xxking possession of such trade fixtures as set forth above. All work affecting the Space shall be in compliance with all laws, ordinances, rules, regulations, orders and directives of governmental and quasi-governmental bodies and authorities having jurisdiction over 83 the Premises and the Space from time to time and WinStar SBCS shall obtain and keep in effect all licenses, permits and other authorizations required with respect to the business conducted by WinStar SBCS within the Space.

IMPROVEMENTS TO SPACE. In the event WinStar Customer desires to make improvements to the Space which improvements are deemed material and substantial as reasonably determined by Xxxxxxxx Seller ("Material Improvements"), WinStar Customer shall submit all plans and specifications for such work to be performed in the Space to Xxxxxxxx Seller for Xxxxxxxx' Seller's prior written approval, which approval shall not be unreasonably withheld or delayed. No construction for Material Improvements may commence until the foregoing consent is obtainedSeller has given its written approval. WinStar Customer agrees that its use or construction of the Space shall not interfere with Xxxxxxxx' Seller's use of its Premises or other tenants' use of their premises in the building in which the Premises are located. WinStar Customer shall not employ any contractor to perform Material Improvements unless previously approved in writing by Xxxxxxxx, Seller which approval shall not be unreasonably withheld (and approved in writing by the Landlord if required by the lease). WinStar Customer and each contractor and subcontractor participating in performing material Material Improvements shall warrant that such work shall be free from all mechanic's and/or materialman's liens and free from any and all defects in workmanship and materials for the period of time which customarily applies in good contracting practice, but in no event for less than one (1) year after the acceptance of the work by WinStar Customer and XxxxxxxxSeller. The aforesaid warrantees warranties of each such contractor and subcontractor and WinStar Customer shall include the obligation to repair or replace in a thoroughly first-class and workmanlike manner all defects in workmanship and materials without any additional charge. All the Material Improvements shall be contained in the contracts and subcontracts for performance of Customer's work and shall be written so that they shall inure to the benefit of Seller and Customer as their respective interests may appear. Such warranties shall be so written that they can be directly enforced by either Customer or Seller, and Customer shall give to Seller any assignment or other assurance to effectuate the same. It shall be WinStarthe Customer's responsibility to cause each of WinStarCustomer's contractors and subcontracts subcontractors to maintain continuous protection of the premises adjacent to the Space in such manner as to prevent any damage to such adjacent property by reason of the performance of WinStarCustomer's work. All of WinStarCustomer's work shall be coordinated with all work being performed or to be performed by Xxxxxxxx Seller and other tenants of the building in which the Premises are located. The contractor or subcontractor shall not at any time damage, injure, interfere with or delay the completion of any other construction within the building; and they and each of them shall comply with all procedures and regulations prescribed by Xxxxxxxx Seller and the Landlord of the Premises for integration of winterCustomer's work with the work to be performed in connection with the construction of the building, and all other construction within the building which comprises or contains the Premises. All fixtures, alterations, additions, repairs, improvements and/or appurtenances attached to or built into, on or about the Space prior to or during the Term of the license relevant thereto, whether by Xxxxxxxx Seller at its expense or at the expense of WinStarCustomer, or by WinStar Customer at its expense or by previous occupants of the Space, shall be and remain part of the Space and shall not be removed by WinStar Customer at the end of the Term of the license relevant to the SpaceCollocation Service Term. Upon termination or expiration of the Term relevant to the SpaceCollocation Service Term, Xxxxxxxx Seller shall allow WinStar Customer thirty (30) days from the date of such termination or expiration, at WinStarCustomer's sole cost and expense, to remove all trade fixtures (including, but not limited to, rectifiers/chargers, batteries, AC power conditioning equipment, telecommunication switching equipment, channel banks, etc.) installed by WinStar Customer provided that the Space is restored by WinStar Customer to its condition before the installation of such items and that all such work (including restoration) is performed in accordance with the other provisions of this Schedule. If WinStar Customer shall fail to complete such removal and restoration within the aforesaid thirty (30) day time period, all such trade fixtures remaining within the Space or at the Premises may, at Xxxxxxxx' Seller's option, become the sole property of XxxxxxxxSeller, and Xxxxxxxx Seller may dispose of such trade fixtures as it deems appropriate. WinStar Customer shall continue to pay the Service Fee specified in the relevant Collocation Service Order until the earlier of: (i) WinStarCustomer's removal of such trade fixtures and completion of such restoral or (ii) Xxxxxxxx' Seller's taking possession of such trade fixtures as set forth above. All work affecting the Space shall be in compliance with all laws, ordinances, rules, regulations, orders and directives of governmental and quasi-governmental bodies and authorities having jurisdiction over the Premises and the Space from time to time and WinStar Customer shall obtain and keep in effect all licenses, permits and other authorizations required with respect to the business conducted by WinStar Customer within the Space.