Common use of Performance of Alterations Clause in Contracts

Performance of Alterations. (a) For any Alterations, and without limiting Section 9.1, (i) Tenant, before commencing work, shall deliver to Landlord, and obtain Landlord’s approval of, plans and specifications; and shall, upon demand, pay Landlord Landlord’s reasonable out-of-pocket expenses incurred in reviewing the plans and specifications; (ii) Landlord, in its discretion, may require Tenant to obtain security for performance reasonably satisfactory to Landlord for Alterations that cost more than Thirty-Five Thousand Dollars ($35,000.00); and (iii) Tenant shall deliver to Landlord all required governmental approvals and permits and , upon completion, “as built” drawings (in CAD format, if requested by Landlord). (b) Tenant acknowledges that the Alterations will be performed by Sunset Development Company (“SDC”), an affiliate of Landlord, or another general contractor reasonably approved by Landlord (SOC or such other general contractor being herein the “General Contractor”). Xxxxxxxx agrees that the General Contractor will put out to two (2) bidders each trade estimated to exceed Twenty-Five Thousand Dollars ($25,000.00) and that the charges for the General Contractor’s overhead and profit will not exceed, as a percentage of the cost of Alterations, 8% for overhead and 4% for profit. (c) Following Landlord’s approval of the plans and specifications for any Alterations, Landlord shall deliver to Tenant a cost proposal to complete the Alterations as shown on such plans and specifications (the “Alterations Proposal”). Tenant will have thirty (30) days to approve or withdraw its request for such Alterations. If Tenant fails to respond within such 30-day period, Tenant will be deemed to have withdrawn its request. If the Alterations Proposal exceeds Ten Thousand Dollars ($ 10,000.00), then, concurrently with Tenant’s approval of the Alterations Proposal, Tenant shall deliver to Landlord cash in the amount of fifty percent (50%) of the Alterations Proposal. The remaining fifty percent (50%) of the Alterations Proposal shall be paid by Tenant to Landlord within thirty (30) days following substantial completion of the Alterations. If the Alterations Proposal is Ten Thousand Dollars ($10,000.00) or less, then the Alterations Proposal shall be paid by Tenant to Landlord within thirty (30) days following substantial completion of the Alterations.

Performance of Alterations. (a) For any Alterations, and without limiting Section 9.1, (iA) Tenant, before commencing workat Tenant’s expense, prior to the performance of any Basic Alteration costing in excess of the Minor Alterations Threshold, shall deliver obtain all permits, approvals and certificates required by any Governmental Authorities in connection therewith. Landlord shall have the right to Landlordrequire Tenant to make all filings with Governmental Authorities to obtain such permits, approvals and obtain Landlord’s approval ofcertificates using an expeditor designated reasonably by Landlord (provided that the charges imposed by such expeditor are commercially reasonable). Upon the request of Tenant, plans Landlord shall join in any applications for any permits, approvals or certificates required to be obtained by Tenant in connection with any permitted Alteration (provided that the applicable Requirement requires Landlord to join in such application) and specifications; and shall, upon demand, pay shall otherwise cooperate with Tenant in connection therewith. Tenant shall reimburse Landlord Landlord’s for any reasonable out-of-pocket expenses incurred costs, including, without limitation, reasonable attorneys’ fees and disbursements, that Landlord incurs in reviewing the plans so joining in such applications and specifications; (ii) Landlord, in its discretion, may require Tenant to obtain security for performance reasonably satisfactory to Landlord for Alterations that cost more than Thirty-Five Thousand Dollars ($35,000.00); and (iii) Tenant shall deliver to Landlord all required governmental approvals and permits and , upon completion, “as built” drawings (in CAD format, if requested by Landlord). (b) Tenant acknowledges that the Alterations will be performed by Sunset Development Company (“SDC”), an affiliate of Landlord, or another general contractor reasonably approved by Landlord (SOC or such other general contractor being herein the “General Contractor”). Xxxxxxxx agrees that the General Contractor will put out to two (2) bidders each trade estimated to exceed Twenty-Five Thousand Dollars ($25,000.00) and that the charges for the General Contractor’s overhead and profit will not exceed, as a percentage of the cost of Alterations, 8% for overhead and 4% for profit. (c) Following Landlord’s approval of the plans and specifications for any Alterations, Landlord shall deliver to Tenant a cost proposal to complete the Alterations as shown on such plans and specifications (the “Alterations Proposal”). Tenant will have thirty (30) days to approve or withdraw its request for such Alterations. If Tenant fails to respond within such 30-day period, Tenant will be deemed to have withdrawn its request. If the Alterations Proposal exceeds Ten Thousand Dollars ($ 10,000.00), then, concurrently cooperating with Tenant’s approval of the Alterations Proposal, Tenant shall deliver to Landlord cash in the amount of fifty percent (50%) of the Alterations Proposal. The remaining fifty percent (50%) of the Alterations Proposal shall be paid by Tenant to Landlord within thirty (30) days following substantial after the date that Landlord gives to Tenant an invoice therefor from time to time. (B) Prior to performing any Alteration, Tenant shall also furnish to Landlord duplicate original policies of, or, at Tenant’s option, certificates of, (1) worker’s compensation insurance in amounts not less than the statutory limits (covering all persons to be employed by Tenant, and Tenant’s contractors and subcontractors, in connection with such Alteration), and (2) commercial general liability insurance (including property damage and bodily injury coverage), in each case in customary form, and in amounts that are not less than Five Million ($5,000,000) Dollars with respect to general contractors and One Million ($1,000,000) Dollars with respect to subcontractors, naming the Landlord Indemnitees as additional insureds; provided, however, that on each anniversary of the Commencement Date, the aforesaid amounts shall be adjusted to reflect the percentage increase in the Consumer Price Index from the Consumer Price Index that is in effect on the Commencement Date. (C) Upon completion of each Alteration requiring Landlord’s consent, Tenant, at Tenant’s expense, shall (1) obtain certificates of final approval for each Alteration to the Alterations. If extent required by any Governmental Authority upon such form and conditions as set forth in Exhibit 7.4.C hereof, (2) furnish Landlord with copies of such certificates, and (3) give to Landlord copies of the “as-built” plans and specifications for such Alterations Proposal is Ten Thousand Dollars in CADD format ($10,000.00or, if the applicable Alteration constitutes a Minor Alteration, appropriate record drawings or shop drawings therefor). (D) or less, then the All Alterations Proposal shall be paid made and performed substantially in accordance with the plans and specifications therefor as approved by Tenant Landlord (to the extent such approval of Landlord within thirty (30) days following substantial completion is required under this Article 7), all Requirements and the Rules and terms and conditions as set forth in Exhibit 7.4.D hereof. All materials and equipment incorporated in the Premises as a result of the Alterationsany Alterations shall be good quality.

Performance of Alterations. (a) For Tenant shall complete all Alterations promptly and in conformity with the standards set forth in this Article. During the performance of any Alterations, Tenant shall carry "Builder's Risk" insurance naming Landlord and without limiting Section 9.1Landlord's mortgagee (provided Tenant has received a non-disturbance agreement in the form specified herein from such mortgagee) as additional insureds, (i) Tenantin commercially reasonable amounts. All Alterations performed pursuant to this Article shall be done pursuant to validly issued permits, before commencing work, shall deliver to Landlordif required, and obtain Landlord’s approval of, plans in conformity with all applicable laws and specifications; and shall, upon demand, pay Landlord Landlord’s reasonable out-of-pocket expenses incurred in reviewing the plans and specifications; (ii) Landlord, in its discretion, may require Tenant to obtain security for performance reasonably satisfactory to Landlord for Alterations that cost more than Thirty-Five Thousand Dollars ($35,000.00); and (iii) ordinances. Tenant shall deliver to give Landlord copies of all permits (including occupancy permits) within ten (10) days after request therefor from Landlord. In the event governmental approval is required governmental approvals and permits and , upon completion, “as built” drawings (in CAD format, if requested by Landlord). (b) Tenant acknowledges that the Alterations will be performed by Sunset Development Company (“SDC”), an affiliate of Landlord, or another general contractor reasonably approved by Landlord (SOC or such other general contractor being herein the “General Contractor”). Xxxxxxxx agrees that the General Contractor will put out to two (2) bidders each trade estimated to exceed Twenty-Five Thousand Dollars ($25,000.00) and that the charges for the General Contractor’s overhead and profit will not exceed, as a percentage of the cost of Alterations, 8% for overhead and 4% for profit. (c) Following Landlord’s approval of the plans and specifications for any Alterations, upon completion of such Alterations, Tenant shall provide Landlord shall deliver to Tenant a cost proposal to complete with copies of revised plans for the Alterations as shown on such plans and specifications (the “Alterations Proposal”). Tenant will have thirty (30) days to approve or withdraw its request for Premises reflecting such Alterations. If Tenant fails to respond within such 30-day periodLandlord shall cooperate with, and assist, Tenant will in all reasonable respects in connection with obtaining any necessary permits and approval from governmental authorities having jurisdiction with respect to any Alteration that Tenant desires to perform in or to the Premises, provided, however, that Landlord shall not be deemed obligated to have withdrawn its request. If incur any expense (other than Landlord's own administrative expense and overhead) in connection with any such cooperation or assistance, and provided, further, that, with respect to any such Alterations that shall require Landlord's consent pursuant to the Alterations Proposal exceeds Ten Thousand Dollars ($ 10,000.00), then, concurrently with Tenant’s approval provisions of the Alterations Proposalthis Lease, Tenant shall deliver to Landlord cash in the amount of fifty percent (50%) of the Alterations Proposal. The remaining fifty percent (50%) of the Alterations Proposal shall be paid by Tenant to Landlord within thirty (30) days following substantial completion of the Alterations. If the Alterations Proposal is Ten Thousand Dollars ($10,000.00) or less, then the Alterations Proposal shall be paid by Tenant to Landlord within thirty (30) days following substantial completion of the Alterationshave theretofore obtained Landlord's prior written consent thereto.

Performance of Alterations. (a) For any Alterations, and without limiting Section 9.1, (iA) Tenant, before commencing workat Tenant’s expense, prior to the performance of any Alteration, shall deliver obtain all permits, approvals and certificates required by any Governmental Authorities in connection therewith. Landlord shall have the right to Landlord, and obtain Landlord’s approval of, plans and specifications; and shall, upon demand, pay Landlord Landlord’s reasonable out-of-pocket expenses incurred in reviewing the plans and specifications; (ii) Landlord, in its discretion, may require Tenant to make all filings with Governmental Authorities to obtain security for performance reasonably satisfactory to Landlord for Alterations that cost more than Thirty-Five Thousand Dollars ($35,000.00); and (iii) Tenant shall deliver to Landlord all required governmental such permits, approvals and permits and , upon completion, “as built” drawings (in CAD format, if requested by Landlord). (b) Tenant acknowledges that the Alterations will be performed by Sunset Development Company (“SDC”), certificates using an affiliate of Landlord, or another general contractor expeditor designated reasonably approved by Landlord (SOC or such other general contractor being herein the “General Contractor”). Xxxxxxxx agrees that the General Contractor will put out to two (2) bidders each trade estimated to exceed Twenty-Five Thousand Dollars ($25,000.00) and provided that the charges for imposed by such expeditor are commercially reasonable). Upon the General Contractor’s overhead and profit will not exceed, as a percentage request of the cost of Alterations, 8% for overhead and 4% for profit. (c) Following Landlord’s approval of the plans and specifications for any AlterationsTenant, Landlord shall deliver join in any applications for any permits, approvals or certificates required to be obtained by Tenant a cost proposal in connection with any permitted Alteration (provided that the applicable Requirement requires Landlord to complete the Alterations as shown on join in such plans application) and specifications (the “Alterations Proposal”)shall otherwise cooperate with Tenant in connection therewith. Tenant will have thirty (30) days to approve or withdraw its request shall reimburse Landlord for any costs, including, without limitation, reasonable attorneys’ fees and disbursements, that Landlord incurs in so joining in such Alterations. If Tenant fails to respond within such 30-day period, Tenant will be deemed to have withdrawn its request. If the Alterations Proposal exceeds Ten Thousand Dollars ($ 10,000.00), then, concurrently applications and cooperating with Tenant’s approval of the Alterations Proposal, Tenant shall deliver to Landlord cash in the amount of fifty percent (50%) of the Alterations Proposal. The remaining fifty percent (50%) of the Alterations Proposal shall be paid by Tenant to Landlord within thirty (30) days following substantial completion of after the Alterations. If date that Landlord gives to Tenant an invoice therefor from time to time. (B) Prior to performing any Alteration, Tenant shall also furnish to Landlord duplicate original policies of, or, at Tenant’s option, certificates of, (1) worker’s compensation insurance in amounts not less than the Alterations Proposal is Ten Thousand statutory limits (covering all persons to be employed by Tenant, and Tenant’s contractors and subcontractors, in connection with such Alteration), and (2) commercial general liability insurance (including property damage and bodily injury coverage), in each case in customary form, and in amounts that are not less than Five Million Dollars ($10,000.005,000,000) with respect to general contractors and One Million Dollars ($1,000,000) with respect to subcontractors, naming the Landlord Parties as additional insureds. (C) Upon completion of each Alteration, Tenant, at Tenant’s expense, shall (1) obtain certificates of final approval for each Alteration to the extent required by any Governmental Authority, (2) furnish Landlord with copies of such certificates, and (3) give to Landlord copies of the “as-built” plans and specifications for such Alterations in CADD format (or, if the applicable Alteration constitutes a Minor Alteration, appropriate record drawings or less, then the shop drawings therefor). (D) All Alterations Proposal shall be paid made and performed substantially in accordance with the plans and specifications therefor as approved by Tenant Landlord (to the extent such approval of Landlord within thirty (30) days following substantial completion is required under this Article 8), all Requirements and the Rules. All materials and equipment incorporated in the Premises as a result of the Alterationsany Alterations shall be first-quality.

Performance of Alterations. (a) For any Alterations, and without limiting Section 9.1, (iA) Tenant, before commencing workat Tenant’s expense, prior to the performance of any Alteration, shall deliver obtain all permits, approvals and certificates required by any Governmental Authorities in connection therewith. Landlord shall have the right to Landlordrequire Tenant to make all filings with Governmental Authorities to obtain such permits, approvals and obtain Landlordcertificates using an expeditor designated reasonably by Landlord (provided that the charges imposed by such expeditor are commercially reasonable). Landlord shall execute any applications for any permits, approvals or certificates required to be obtained by Tenant in connection with any permitted Alteration (provided that the applicable Requirement requires Landlord to execute such application) within ten (10) Business Days after Tenant’s approval of, plans request from time to time and specifications; and shall, upon demand, pay shall otherwise cooperate reasonably with Tenant in connection therewith. Tenant shall not have the right to require Landlord Landlord’s to so execute such applications prior to the date that Landlord approves the applicable Alteration. Tenant shall reimburse Landlord for any reasonable outOut-of-pocket expenses incurred Pocket Costs, including, without limitation, reasonable attorneys’ fees and disbursements, that Landlord incurs in reviewing the plans so executing such applications and specifications; (ii) Landlord, in its discretion, may require Tenant to obtain security for performance reasonably satisfactory to Landlord for Alterations that cost more than Thirty-Five Thousand Dollars ($35,000.00); and (iii) Tenant shall deliver to Landlord all required governmental approvals and permits and , upon completion, “as built” drawings (in CAD format, if requested by Landlord). (b) Tenant acknowledges that the Alterations will be performed by Sunset Development Company (“SDC”), an affiliate of Landlord, or another general contractor reasonably approved by Landlord (SOC or such other general contractor being herein the “General Contractor”). Xxxxxxxx agrees that the General Contractor will put out to two (2) bidders each trade estimated to exceed Twenty-Five Thousand Dollars ($25,000.00) and that the charges for the General Contractor’s overhead and profit will not exceed, as a percentage of the cost of Alterations, 8% for overhead and 4% for profit. (c) Following Landlord’s approval of the plans and specifications for any Alterations, Landlord shall deliver to Tenant a cost proposal to complete the Alterations as shown on such plans and specifications (the “Alterations Proposal”). Tenant will have thirty (30) days to approve or withdraw its request for such Alterations. If Tenant fails to respond within such 30-day period, Tenant will be deemed to have withdrawn its request. If the Alterations Proposal exceeds Ten Thousand Dollars ($ 10,000.00), then, concurrently cooperating with Tenant’s approval of the Alterations Proposal, Tenant shall deliver to Landlord cash in the amount of fifty percent (50%) of the Alterations Proposal. The remaining fifty percent (50%) of the Alterations Proposal shall be paid by Tenant to Landlord within thirty (30) days following substantial completion of after the Alterations. If date that Landlord gives to Tenant an invoice therefor from time to time. (B) Prior to performing any Alteration, Tenant shall also furnish to Landlord duplicate original policies of, or, at Tenant’s option, certificates of, (1) worker’s compensation insurance in amounts not less than the Alterations Proposal is Ten Thousand statutory limits (covering all persons to be employed by Tenant, and Tenant’s contractors and subcontractors, in connection with such Alteration), and (2) commercial general liability insurance (including property damage and bodily injury coverage), in each case in customary form, and in amounts that are not less than Five Million Dollars ($10,000.005,000,000) or lesswith respect to general contractors and One Million Dollars ($1,000,000) with respect to subcontractors, then naming the Alterations Proposal Landlord Indemnitees as additional insureds; provided, however, that on each anniversary of the Commencement Date, the aforesaid amounts shall be paid by Tenant adjusted to reflect the percentage increase in the Consumer Price Index from the Consumer Price Index that is in effect on the Commencement Date. Landlord within acknowledges that Tenant’s contractors and subcontractors may satisfy the liability insurance requirements as set forth in this Section 7.4(B) with an umbrella insurance policy if such umbrella insurance policy contains an aggregate per location endorsement that provides the required level of protection for the Premises. (C) Within thirty (30) days following substantial completion after the Substantial Completion of each Alteration (other than Decorative Alterations), Tenant, at Tenant’s expense, shall (1) obtain certificates of final approval for each Alteration to the extent required by any Governmental Authority, (2) furnish Landlord with copies of such certificates, and (3) give to Landlord copies of the “asbuilt” plans and specifications for such Alterations in CADD format. (D) All Alterations (other than Decorative Alterations.) shall be made and performed substantially in accordance with the plans and specifications therefor as approved by