Common use of Lessor Improvements Clause in Contracts

Lessor Improvements. If construction to the Leased Premises is to be performed by Lessor prior to the Lessee's occupancy, Lessor will, at its expense, commence and/or complete the construction of the improvements constituting the Leased Premises, including partitions, in accordance with the plans and specifications agreed to by the parties and made a part of this Lease by reference. The plans and specifications shall be approved and signed by the parties. Any changes or modifications to the approved plans and specifications shall be made and accepted by written change order signed by Lessor and Lessee and shall constitute an amendment to this Lease. Upon completion of the Building and other improvements in accordance with the plans and specifications, Lessee agrees to execute and deliver to Lessor a letter accepting delivery of the Leased Premises. In the event the Premises shall not be substantially completed and ready for occupancy on the date above fixed for the commencement of the term of this Lease, this Lease shall nevertheless continue in full force and effect, and no liability shall arise against Lessor out of any such delay beyond the abatement of rent until the Premises are ready for occupancy; provided, however, there shall be no abatement of rent if the space is not substantially completed to permit occupancy because of the failure of Lessee to submit Lessee Plans to Lessor on a timely basis and, further, there shall be no abatement of rent should Lessee unreasonably delay in authorizing Lessor to commence the installation of Lessee's work or should Lessee request any changes of Lessee work in progress if, in Lessor's opinion, such change may be a cause for the extension of the date of substantial completion. If Lessee shall enter possession of all or any part of the Premises and commence its business from the Premises prior to the date fixed above for the first day of the term, all of the covenants and conditions of this lease shall be binding upon the parties hereto in respect of such possession the same as if the first day of the term had been fixed as of the date which Lessee entered such possession and Lessee shall pay to Lessor as rent for the period prior to the first day of the term of this Lease a proportionate amount of the rent set forth in the Rent Schedule.

Lessor Improvements. If construction to the Leased Premises is to be performed by Lessor prior to the Lessee's occupancyTrees, Lessor will, at its expense, commence and/or complete the construction of the improvements constituting the Leased Premises, including partitions, in accordance with the plans and specifications agreed to by the parties and made a part of this Lease by reference. The plans and specifications shall be approved and signed by the parties. Any changes or modifications to the approved plans and specifications shall be made and accepted by written change order signed by Lessor and Lessee and shall constitute an amendment to this Lease. Upon completion of the Building buildings and other improvements in accordance with the plans and specifications, Lessee agrees to execute and deliver to Lessor a letter accepting delivery of the Leased Premises. In the event located on the Premises shall not be substantially completed and ready for occupancy on the date above fixed for the commencement of the term of this Lease, this Lease shall nevertheless continue in full force and effect, and no liability shall arise against Lessor out of any such delay beyond the abatement of rent until the Premises are ready for occupancy; provided, however, there shall be no abatement of rent if the space is not substantially completed to permit occupancy because of the failure of Lessee to submit Lessee Plans to Lessor on a timely basis and, further, there shall be no abatement of rent should Lessee unreasonably delay in authorizing Lessor to commence the installation of Lessee's work or should Lessee request any changes of Lessee work in progress if, in Lessor's opinion, such change may be a cause for the extension as of the date of substantial completionthis Lease will be allowed to remain, and Lessee may not require their removal. If Lessor may not place or plant any trees, buildings or improvements (an “Improvement”) on the Premises after the date of this Lease which may, in Xxxxxx’s sole judgment, impede or materially interfere with the open and unobstructed access to the sun to any Site or System, unless Lessor has received written approval from Lessee shall enter possession of all for any such trees, structure or improvement. Subject to the foregoing, Lessor may construct an Improvement on the Premises if such Improvement meets the following requirements: (a) Such Improvement poses no interference with any part of the Premises and commence its business System located on the Premises; and (b) Such Improvement has a Maximum Height = [(distance to fenceline) + 20’) / 3], with such Improvements being located at least 20’ from the Premises prior to the date fixed above for the first day nearest fence line or edge of the term, Premises. (an Improvement that complies with all of the covenants and conditions foregoing restrictions will be referred to as a “Permitted Improvement”). Lessor may construct such Permitted Improvements without the prior consent of Lessee. However, should Lessor construct an Improvement that is determined by Lessee to violate or not be in compliance with any of the restrictions of this lease shall section, Lessee may provide notice to Xxxxxx that said Improvement must be binding upon removed within thirty (30) days of Lessor’s receipt of Xxxxxx’s notice. Should Lessor fail to remove the parties hereto in respect of non-complying Improvement within such possession thirty (30) day period, Lessee may cause the same as if to be removed and may off-set the first day cost of the term had been fixed as of the date which Lessee entered such possession and Lessee shall pay removal against any lease payments due hereunder to Lessor as rent for the period prior to the first day of the term of this Lease a proportionate amount of the rent set forth in the Rent ScheduleXxxxxx.

Lessor Improvements. If construction Within thirty (30) days of the date hereof, Lessor shall deliver to Lessee a plan of the proposed improvements at the Property depicting the location of the Building and the utilities, sidewalks, parking areas, driveways, service areas, and landscaped areas necessary to serve the Building (the “Site Plan”). Within ten (10) business days of receipt of the Site Plan, Xxxxxx will acknowledge the sufficiency of the Site Plan, or give Lessor notice of any specific deficiencies in the Site Plan. In the event that Lessee shall fail or neglect to acknowledge the sufficiency of the Site Plan, or give Lessor notice of any specific deficiencies in the Site Plan within such ten (10) business day period, and such failure continues for three (3) business days following a second written notice from Lessor to Lessee together with email notification from Lessor sent to: [***]; Lessee shall be deemed to have accepted the sufficiency of the Site Plan. Upon mutual approval of the Site Plan, Lessor shall use commercially reasonable efforts to obtain all Necessary Approvals (as hereinafter defined) for the Lessor Improvements including applying for any such permits within five (5) days after such mutual approval and thereafter diligently pursuing the same. Upon receipt of a Building Permit and any and all related approvals from any and all governmental authorities, including but not limited to the Leased Premises is Town of Northbridge, necessary to be performed by construct the Building and the Lessor prior to Improvements (the Lessee's occupancy“Necessary Approvals”), Lessor willLessor, at its Lessor’s sole cost and expense, commence and/or complete shall construct the construction of Building and the improvements constituting the Leased Premises, including partitions, Lessor Improvements in accordance with the plans Site Plan and specifications agreed to by the parties Final Plans, and made a part of this Lease by reference. The plans and specifications shall be approved and signed by the parties. Any changes or modifications to the approved plans and specifications shall be made and accepted by written change order signed by Lessor and Lessee and shall constitute an amendment to this Lease. Upon upon completion of the Building and other improvements in accordance shall deliver the Building to Lessee with such Lessor Improvements substantially completed (including all qualified clean rooms), with the plans Property and specificationsBuilding in compliance with all applicable laws, Lessee agrees to execute including the ADA, and deliver to Lessor a letter accepting delivery free from Hazardous Materials and latent defects, with all Building mechanical electrical, plumbing and HVAC in good working order condition and repair, and the envelope of the Leased Premises. In the event the Premises shall not be substantially completed and ready for occupancy on the date above fixed for the commencement of the term of this Lease, this Lease shall nevertheless continue in full force and effect, and no liability shall arise against Lessor out of any such delay beyond the abatement of rent until the Premises are ready for occupancy; provided, however, there shall be no abatement of rent if the space is not substantially completed to permit occupancy because of the failure of Lessee to submit Lessee Plans to Lessor on a timely basis and, further, there shall be no abatement of rent should Lessee unreasonably delay in authorizing Lessor to commence the installation of Lessee's work or should Lessee request any changes of Lessee work in progress if, in Lessor's opinion, such change may be a cause for the extension of the date of substantial completion. If Lessee shall enter possession of all or any part of the Premises and commence its business from the Premises prior to the date fixed above for the first day of the term, all of the covenants and conditions of this lease shall be binding upon the parties hereto in respect of such possession the same as if the first day of the term had been fixed as of the date which Lessee entered such possession and Lessee shall pay to Lessor as rent for the period prior to the first day of the term of this Lease a proportionate amount of the rent set forth in the Rent ScheduleBuilding weather tight.

Lessor Improvements. If construction to the Leased Premises is to be performed by Lessor prior to the Lessee's ’s occupancy, Lessor will, at its expense, commence and/or complete the construction of the improvements constituting the Leased Premises, including partitions, Premises in accordance with the plans floor plan (attached Exhibit A), attached work letter and specifications agreed to by the parties and made a part of this Lease by reference. The plans specifications, which plan, letter and specifications shall be approved and signed by the partiesparties upon execution of this Lease and are Lessor agrees to make improvements to the Premises (the “Lessor’s Work”) in accordance with the Work Letter attached hereto as Exhibit ”D”, which Work Letter is hereby made a part hereof by this reference. Any changes or modifications to the approved plans plan and specifications shall be made and accepted by written change order signed by Lessor and Lessee and shall constitute an and amendment to this Lease. Upon substantial completion of the Building Lessor’s Work in accordance with the Plans building and other improvements in accordance with the plans and specifications, Lessee agrees to execute and deliver to Lessor a letter accepting delivery of the Leased Premises. In the event , subject only to latent defects All Lessor’s Work contemplated under this paragraph shall constitute improvements to the Premises which shall not be substantially completed and ready for occupancy on remain part of the date above fixed for the commencement Premises upon expiration of the term of this Lease. If no improvements are to be made or construction to be done to the Premises, Lessee hereby accepts the Premises in the condition they are in at the beginning of this Lease shall nevertheless continue in full force Lease. Lessor hereby reserves the right at any time and effectfrom time to time to make alterations or additions to, and no liability shall arise against Lessor out of any such delay beyond build additions on the abatement of rent until building in which the Premises are ready for occupancy; providedcontained and to build adjoining the same, howeverand to install, there shall be no abatement of rent if maintain, use and repair and replace pipes, ducts, conduits and wires leading through the space is not substantially completed to permit occupancy because Premises in locations serving other parts of the failure building which provided such alterations or additions will not (i) materially interfere with Lessee’s use of Lessee the Premises. or (ii) materially detract from the aesthetics of the Premises. Lessor also reserves the right to submit Lessee Plans construct other buildings or improvements from time to Lessor time and to make alterations thereof or additions thereto and to build additional stories on a timely basis and, further, there shall be no abatement of rent should Lessee unreasonably delay in authorizing Lessor the building or on other buildings and to commence the installation of Lessee's work or should Lessee request any changes of Lessee work in progress if, in Lessor's opinion, build adjoining same and to construct such change parking facilities as may be a cause for the extension of the date of substantial completion. If Lessee shall enter possession of all necessary or any part of the Premises and commence its business from the Premises prior to the date fixed above for the first day of the term, all of the covenants and conditions of this lease shall be binding upon the parties hereto in respect of such possession the same as if the first day of the term had been fixed as of the date which Lessee entered such possession and Lessee shall pay to Lessor as rent for the period prior to the first day of the term of this Lease a proportionate amount of the rent set forth in the Rent Scheduledesirable.

Lessor Improvements. If construction Prior to the Leased Premises is to be performed by Lessor prior to the Lessee's occupancy, Lessor willshall, at its own cost and expense, commence and/or complete construct the Building and improvements (the "Shell Building Improvements") as set forth in the plans approved by Lessor and Lessee as provided below. The Shell Building Improvements shall only include the items set forth in Exhibit "C" attached hereto and incorporated herein for all purposes. Prior to the date set forth on the Schedule attached hereto as Exhibit "B", Lessor shall prepare and deliver to Lessee plans and specifications for the construction of the improvements constituting for Lessee's approval, such approval not to be unreasonably withheld. Within ten days from receipt by Lessee of the Leased Premisesplans and specifications, including partitions, in accordance with Lessee shall either execute a copy of the plans and specifications agreed or notify Lessor of changes requested by Lessee. Lessor shall take Lessee's changes into consideration, such approval not to by be unreasonably withheld, in redrafting the plans and specifications. The foregoing process shall continue until either the parties and made a part of this Lease by reference. The mutually agree upon the plans and specifications or the Lessor shall, in good faith, deliver written notice to the Lessee that additional changes shall not be approved accepted (such plans and signed specifications being herein called the "Final Shell Plans and Specifications"). If Lessee fails to execute the Final Shell Plans and Specifications within five days from receipt thereof, Lessor may, in its sole discretion, declare this Lease canceled or notify Lessee that the base rent commences on the completion date even though the improvements to be constructed by the partiesLessor may not be complete. Any changes or Except for immaterial field changes, modifications to the approved plans Final Shell Plans and specifications shall Specifications must be made and accepted only by written change order or agreement signed by Lessor and Lessee and shall will constitute an amendment to this Lease. Upon completion Lessee shall be responsible for payment in advance of all work and construction resulting from changes in the Building Final Shell Plans and other Specifications requested by Lessee. The Final Shell Plans and Specifications (when approved by Lessor and Lessee) are incorporated in this Lease by reference. For the purpose of this Section, an "immaterial field change" shall mean such field changes which are required by any governmental authority or changes which (i) do not affect the size, configuration, structural integrity, quality, character, architectural appearance and standard of workmanship contemplated in the Final Shell Plans and Specifications, (ii) will not result in any default in any obligation to any person or violation of any governmental requirements, and (iii) the cost of or reduction resulting from any single field change or extra does not exceed $10,000 and the aggregate amount of all such changes and extras does not exceed $50,000. Lessor agrees to construct the improvements substantially in accordance with the plans Final Shell Plans and specificationsSpecifications, Lessee agrees to execute in a good and deliver to Lessor a letter accepting delivery workmanlike manner and in full compliance with all provisions of federal, state and local authorities having jurisdiction over the Leased Premises. In the event the Premises shall not be substantially completed and ready for occupancy on the date above fixed for the commencement of the term of this Lease, this Lease shall nevertheless continue in full force and effect, and no liability shall arise against Lessor out of any such delay beyond the abatement of rent until the Premises are ready for occupancy; provided, however, there shall be no abatement of rent if the space is not substantially completed to permit occupancy because of the failure of Lessee to submit Lessee Plans to Lessor on a timely basis and, further, there shall be no abatement of rent should Lessee unreasonably delay in authorizing Lessor to commence the installation of Lessee's work or should Lessee request any changes of Lessee work in progress if, in Lessor's opinion, such change may be a cause for the extension of the date of substantial completion. If Lessee shall enter possession of all or any part of the Premises and commence its business from the Premises prior to the date fixed above for the first day of the term, all of the covenants and conditions of this lease shall be binding upon the parties hereto in respect of such possession the same as if the first day of the term had been fixed as of the date which Lessee entered such possession and Lessee shall pay to Lessor as rent for the period prior to the first day of the term of this Lease a proportionate amount of the rent set forth in the Rent Schedule.