Permitted Alterations Lessee may make from time to time any Alterations (“Permitted Alterations”) which will not (a) violate, or cause or require a modification in (i) the Permitted Uses, (ii) any other provision of this Lease, or (iii) any Entitlements; (b) materially adversely affect the value or use of any Improvements; (c) adversely affect in any material manner the operation of the Hotel as a Luxury Hotel; (d) modify in any material respect the exterior appearance of any Building or any structural element of any Building, or materially modify the mechanical, electrical, plumbing or life safety system of any Building, or (e) impose any liability or obligation on Lessor under Applicable Laws with respect to the condition of the Premises; or (f) have a total estimated cost per Alteration in excess of $200,000.00 (such amount to be increased as of each Adjustment Date by an amount equal to the percentage increase in the CPI occurring since the immediately preceding Adjustment Date, or since the Term Commencement Date in the case of the first Adjustment Date). If Lessee desires to make any Alterations which could have any of the effects described in any of clauses (a) through (f) of the immediately preceding sentence (any such Alteration being herein referred to as a “Major Alteration”), Lessee shall first obtain Lessor’s prior written consent, which consent shall not be unreasonably withheld, except that Lessor shall have the right to approve or disapprove, in its sole and absolute discretion, any Alterations which could have any of the effects described in clause (a), (b), (c) or (e) above. All Alterations shall be constructed and installed at the sole cost and expense of Lessee, and Lessor shall not be obligated to pay or contribute toward payment of the costs of any Alterations, including any Designated Alterations. Lessor acknowledges that Lessee may desire to propose one or more Alterations that individually or collectively will reduce the number of keyed guest rooms or suites at the Hotel, and Lessor agrees not to unreasonably withhold its consent to any such proposed Alterations, provided that (A) following the completion of such Alterations the keyed guest rooms and suites at the Hotel will number in the aggregate not less than ninety-five percent (95%) of the total keyed guest rooms and suites at the Hotel on the Term Commencement Date, and (B) Lessee can establish that the net operating revenues of the Hotel will not be decreased by reason of such Alterations.
Additions and Alterations 12 ARTICLE 9
Repairs and Alterations 5.1 The tenant agrees:-
Improvements; Alterations Improvements to the Premises shall be installed at Tenant’s expense only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, which approval shall be governed by the provisions set forth in this Section 8(a). No alterations or physical additions in or to the Premises may be made without Landlord’s prior written consent, which shall not be unreasonably withheld or delayed; however, Landlord may withhold its consent to any alteration or addition that would adversely affect (in the reasonable discretion of Landlord) the (1) Building’s Structure or the Building’s Systems (including the Building’s restrooms or mechanical rooms), (2) exterior appearance of the Building, (3) appearance of the Building’s common areas or elevator lobby areas, or (4) provision of services to other occupants of the Building. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any type visible from the exterior of the Premises without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole and absolute discretion. All alterations, additions, and improvements shall be constructed, maintained, and used by Tenant, at its risk and expense, in accordance with all Laws; Landlord’s consent to or approval of any alterations, additions or improvements (or the plans therefor) shall not constitute a representation or warranty by Landlord, nor Landlord’s acceptance, that the same comply with sound architectural and/or engineering practices or with all applicable Laws, and Tenant shall be solely responsible for ensuring all such compliance.