Initial Construction and Alterations. Tenant, at its sole cost and expense, subject to obtaining all necessary approvals from applicable governmental authorities, agrees and is hereby authorized to (a) construct a new building and parking lot and any related improvements on the Leased Premises, including a bio-swale, with Landlord’s prior concurrence, (b) construct means of ingress/egress from Xxxxx Ranch Road to any of Tenant’s Buildings which may include pavement, lighting or other improvements with Landlord’s prior concurrence, as well as a parking lot and/or retaining wall(s) as may be approved with Landlord’s prior concurrence, (c) construct an appropriate fence system as required elsewhere herein, and (d) construct any and all aspects of systems for water, sewer, gas, electrical, fiber optic, television, cable, and/or telephone at the Premises, including such systems’ component parts (collectively, “Utilities Systems”). Prior concurrence and approval is hereby provided by Landlord as to the site plan (see Exhibits A1 & A2), location of fencing (see Exhibit A3), and the general aesthetics and exterior elevations of the structure (see Exhibits B1 & B2). Landlord’s prior concurrence and approval to the above, to the extent prior concurrence and/or approval is required and not already obtained, shall not be unreasonably withheld. The above referenced exhibits and what is depicted in them shall not be changed, altered or modified without Landlord's prior approval which shall not be unreasonably withheld. To the extent any construction under this Lease may occur outside the Leased Premises (including but not necessarily limited to at least one or more portions of Utilities Systems, which are anticipated to extend onto other lot(s) owned by Landlord, Landlord shall reasonably cooperate in order to help enable Tenant’s access to such location(s) such that Tenant may construct, maintain, and/or repair such improvements during the term of this Lease and any extensions thereto. All construction shall be in accordance with plans and specifications. All of the buildings on the Leased Premises after such initial construction, renovation and restoration, even if there is only one such building, shall be referred to herein collectively as the "Tenant's Buildings". All construction and alterations performed by Tenant pursuant to this Section shall be referred to herein as the “Initial Construction.” Landlord understands Tenant may construct, with Landlord’s prior approval, as its main and/or central buil...
Initial Construction and Alterations. 22 ARTICLE VI REPAIRS........................................................................................................................................................ 25 ARTICLE VII [RESERVED]............................................................................................................................................... 26
Initial Construction and Alterations. Section 5.1. Landlord and Tenant agree that the construction of Tenant’s Work, as defined in the Work Letter Agreement attached hereto as Exhibit “H” and incorporated herein (the “Work Letter Agreement”), shall be performed in accordance with the terms and conditions of the Work Letter Agreement. TENANT HEREBY ACCEPTS THE PREMISES “AS IS, WHERE IS,” AND WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, EXCEPT AS OTHERWISE SET FORTH IN THIS LEASE.
Initial Construction and Alterations. Tenant shall not, without the prior written consent of Landlord, make or cause to be made any alterations, improvements, additions or installations ("ALTERATIONS") in or to the Premises. If any proposed ALTERATION is of such a nature that the cost of its removal and/or restoring the Premises for future use or releasing would be material, Landlord may withhold its consent to such ALTERATION unless Xxxxxx agrees to remove such ALTERATION and restore the physical integrity of the Premises at the end of the term. If Landlord so consents, before commencement of any such work or delivery of any materials into the Premises or the Building, Tenant shall furnish to Landlord for approval architectural plans and specifications, names and addresses of all contractors, copies of all contracts, necessary permits and licenses, certificates of insurance against any and all claims, costs, expenses, damages and liabilities which may arise in connection with Tenant's work in the Premises, all in such form and amount as may be satisfactory to Landlord. Xxxxxx agrees to indemnify, defend and hold Landlord, its mortgagees, the managing agent and their respective agents and employees forever harmless against all injuries, damages, claims and liabilities of every kind, nature and description which may arise out of or in any way be connected with such work. All such work shall be done only by contractors or mechanics approved by Landlord (which approval shall not be unreasonably withheld). Tenant shall pay the cost of all such work and the cost of decorating the Premises and the Building occasioned thereby. Upon completion of such work, Tenant shall furnish Landlord with contractors', subcontractors', and material suppliers' affidavits and full and final waivers of lien covering all labor and materials expended and used in connection therewith. All such work shall be in accordance with all applicable legal, governmental and quasi-governmental requirements, ordinances and rules (including the Board of Fire Underwriters), and all requirements of applicable insurance companies. All such work shall be done in a good and workmanlike manner and with the use of good grades of materials. Tenant shall permit Landlord, if Landlord so desires, to inspect construction in connection with such work; provided, however, that such inspection or right to inspect by Landlord or approval of plans by Landlord shall not constitute any warranty by Landlord to Tenant or third parties of the adequacy of t...
Initial Construction and Alterations
