CONSTRUCTION AND RENOVATION Construction of academic or residential buildings on the UC Berkeley campus may be scheduled for the term of this Lease in the vicinity of the apartments. Capital improvement and other major housing construction or repair projects will necessarily cause increased noise and dust in affected and nearby residences at certain times. There is the possibility of both planned and unplanned utility shutdowns and access to certain facilities, streets, parking lots, walking, and bike pathways may be limited, rerouted, or completely restricted. The University will work with building contractors to make every effort to minimize construction inconveniences. By agreeing to this Lease Agreement, the Resident acknowledges notice of the possibility of scheduled construction and access limitations, and acknowledges that there will be disturbances, disruptions, and inconveniences resulting from such constructions and has agreed to such. The Resident also acknowledges that increased noise, dust, potential reassignment, or loss of parking spaces related to construction or renovation are not grounds for cancellation or termination of this Lease.
Alterations Tenant agrees that it will not (a) demolish or undertake any structural alterations of any of the buildings or other improvements erected upon or otherwise comprising the Demised Premises, without the prior written consent of Landlord or (b) make any other alterations which would change the character of the buildings or other improvements comprising the Demised Premises or which would weaken, impair or otherwise in any way affect the structural aspects of integrity of or lessen the value of the Demised Premises and/or the buildings and other improvements comprising the Demised Premises. With respect to any alterations permitted to be made by Tenant pursuant to this Article Ten, Tenant shall (a) pay all costs, expenses and charges thereof, (b) make the same in accordance with all applicable laws and building codes in a good and workmanlike manner, (c) cause the same to be performed by qualified contractors who shall not create any labor or other disturbance at the Demised Premises while performing same, (d) fully and completely indemnify and hold harmless Landlord from and against any mechanic’s liens or other liens or claims in connection with the making thereof and (e) by reason of such alterations, not thereby and (e) by reason of such alterations, not thereby reduce the economic value of the Demised Premises. All alterations, improvements and additions to the Demised Premises permitted to be made by Tenant hereunder, shall be made in accordance with all applicable laws and plans and specifications previously submitted to Landlord for Landlord’s approval, which approval shall not be unreasonably withheld or delayed, and, except for removable trade fixtures, shall at once when made or installed be deemed to have attached to the freehold and to have become the property of Landlord and shall remain for the benefit of Landlord at the end of the term or other expiration of this Lease in as good order and condition as they were when installed, reasonable wear and tear excepted. In the event in the making of such alteration, improvements and additions as herein provided, Tenant further agrees to indemnify and hold harmless Landlord from and against all costs, expenses, liens, claims and damages arising out of, or resulting from the undertaking or making of such alterations, improvements and additions.
Tenant’s Work Tenant shall have the right to perform any or all of the Additional Tenant’s Work, subject to Landlord’s prior reasonable approval, which shall be given to Tenant within ten (10) business days upon Landlord’s receipt of detailed plans and specifications from Tenant; however, Landlord’s approval shall be deemed to have been given if Landlord fails to respond to Tenant within said ten (10) business day approval period. Tenant shall not be charged by Landlord for any supervisory, management, or review fees in connection with review or monitoring of the Additional Tenant’s Work. Tenant shall have the right to select all contractors, subcontractors, architects, engineers, consultants, etc. in connection with the Additional Tenant’s Work, subject to Landlord’s prior reasonable approval. However, Landlord shall be provided an opportunity to submit to Tenant a bid for construction of any or all of the Additional Tenant’s Work. Subject to Landlord’s prior reasonable approval, Tenant shall have the right to construct computer rooms, interconnecting stairs, and any other specialized facilities, provided such work does not jeopardize the structural integrity of Building 18 and/or Building 18A. Tenant and Landlord shall agree on a mutually acceptable construction schedule with respect to the Additional Tenant’s Work. The Additional Tenant’s Work shall be made in a good and workmanlike manner, and all contracts for the Additional Tenant’s Work that is not constructed by Landlord shall require signed releases against mechanics liens upon payment in full for such Additional Tenant’s Work. If any of the Additional Tenant’s Work is constructed by contractors other than Landlord, Tenant shall cause its contractors to provide Landlord with evidence of commercial general liability insurance at the limits set forth in section 8 (Insurance) of the Agreement of Lease dated July 17, 1990, and shall name Landlord as an additional insured. Said contractor(s) shall also provide Landlord with evidence of Workers’ Compensation and Employers Liability Insurance. Tenant shall indemnify, defend, and save harmless Landlord from all expense, liens, claims, damages or injuries to either persons or property arising out of, or resulting from activities related to any of the Additional Tenant’s Work not constructed by Landlord. The Additional Tenant’s Work shall be subject to the terms and conditions set forth in section 5 (Alterations) of the Agreement of Lease dated July 17, 1990.