Performance of Improvements Clause Samples

Performance of Improvements. (a) Borrower shall construct, erect, undertake and complete or cause to be constructed, erected, undertaken or completed all of the work set forth on Schedule 1 hereto (the "Environmental Improvements") no later than the date set forth opposite such Environmental Improvements. (b) Borrower shall pay for and obtain or cause to be paid for and obtained all permits, licenses and approvals required by all applicable laws with regard to the Environmental Improvements, whether necessary for commencement, completion, use or otherwise. (c) Borrower shall perform or cause to be performed all work in connection with the Environmental Improvements in a good and workmanlike manner, in compliance with all applicable laws (including, without limitation, any and all environmental laws and laws for the handicapped and/or disabled) and with the plans and specifications approved (in writing) by Lender covering the same, which performance by Borrower shall be without regard to the sufficiency of the Funds. (d) Borrower covenants and agrees that the Environmental Improvements shall be constructed, installed or completed, as applicable, free and clear of any and all liens (including mechanic's, materialman's or other liens), claims and encumbrances whatsoever subject to Borrower's right to contest as specified in the Mortgage (as defined in the Note). (i) to payment of the indebtedness evidenced by the Note and the Loan Documents, and/or (ii) in order to proceed under existing contracts or enter into contracts with third parties to make or complete the Environmental Improvements. Lender shall have the right to enter onto the Mortgaged Property (as defined in the Mortgage) and perform any and all work and labor necessary to make or complete the Environmental Improvements and/or employ watchmen to protect the Mortgaged Property from damage. All sums so expended by Lender shall be construed to have been paid to Borrower and shall be secured by the Mortgage. Borrower hereby constitutes and appoints Lender its true and lawful attorney-in-fact with full power of substitution to complete or undertake the Environmental Improvements in the name of the Borrower. This power of attorney shall be construed to be a power coupled with an interest which cannot be revoked. September 23, 1997 LOS01:48425.3 2

Performance of Improvements. Landlord shall perform the Tenant Improvements in a good and workmanlike manner, using Building standard materials. Other than as set forth in the preceding sentence, Landlord has made no representation or promise as to the condition of the Premises and is in compliance with all applicable laws, including the ADA. Tenant has inspected the Premises and is fully familiar with the physical condition of the Premises, and shall accept the Premises in its then existing "as-is," "where-is" condition. Landlord shall not perform any work other than the Tenant Improvements and shall not perform any work as to any portions of the Premises not specifically addressed in the description of the Tenant Improvements. Notwithstanding the foregoing, Landlord warrants that the Tenant Improvements shall be free from defects in materials and workmanship for a period of one year from the Commencement Date. Landlord shall correct any defects reported to it within the one-year warranty period. Landlord has made no other warranty, express or implied, or representation as to fitness or suitability. Except under the express warranty provided in this paragraph, Landlord shall not be liable for any latent or patent defect in the Premises.

Performance of Improvements. Subject to the terms and conditions of the Sublease, the Master Lease, and any Improvement Allowance provided herein, Subtenant shall complete, at its sole cost and expense, the work identified in the Subtenant Improvement Plans (as such term is defined below) adopted by Tenant and Subtenant in accordance with the provisions below (“Subtenant’s Work”). Subtenant’s Work shall be performed lien free and in a workmanlike manner, without interference with other work, if any, being done in the Subleased Premises, Master Premises, or Property, including any of Tenant’s Work, and in compliance with all laws and reasonable rules promulgated from time to time by ▇▇▇▇▇▇, its architect and contractors, Landlord or its property manager. The work to be done by Subtenant in satisfying its obligation to complete Subtenant’s Work under the Sublease shall be limited to the following (check one): As identified below (check and describe all that apply); FLOOR: WALLS: CEILING: LIGHTING: WASHROOM(S): ELECTRICAL: HVAC: OTHER: a. Within days (ten (10) days if not filled in) after mutual acceptance of the Sublease, Subtenant shall prepare and submit for Tenant’s review a preliminary sketch of the Subtenant Improvements (“Preliminary Subtenant Plan”). Tenant and Subtenant shall cooperate in good faith to adopt a mutually acceptable Preliminary Subtenant Plan. Subtenant acknowledges that the timelines set forth in this Section 2 with respect to ▇▇▇▇▇▇’s promulgation and approval of the Subtenant Improvement Plans (as such term is defined herein) may be subject to reasonable extensions to the extent additional time is necessary to obtain any consent of Landlord that may be required under the Master Lease. b. Upon approval of the Preliminary Subtenant Plan by Tenant, Subtenant shall promptly prepare construction documents (i.e., those plans used for submittal to the appropriate governmental bodies for all necessary permits and approvals for the Subtenant’s Work, if any) for Tenant’s review and approval. The construction documents, once approved, shall then constitute the “Subtenant Improvement Plans.” c. Upon approval by ▇▇▇▇▇▇, Subtenant shall submit the Subtenant Improvements Plans to the appropriate governmental body for plan checking and issuance of necessary permits and approvals. Subtenant, with ▇▇▇▇▇▇’s approval, shall cause to be made any changes in the Subtenant Improvements Plans necessary to obtain such permits and approvals. d. Tenant makes no warranty or representation o...

Performance of Improvements. Subject to the terms and conditions of the Lease and any Improvement Allowance provided herein, Tenant shall complete, at its sole cost and expense, the work identified in the Tenant Improvement Plans (as such term is defined below) adopted by Landlord and Tenant in accordance with the provisions below (“Tenant’s Work”). Tenant’s Work shall be performed lien free and in a workmanlike manner, without interference with other work, if any, being done in the Premises, including any of Landlord’s Work, and in compliance with all laws and reasonable rules promulgated from time to time by Landlord, its property manager, architect, and contractors. The work to be done by Tenant in satisfying its obligation to complete Tenant’s Work under the Lease shall be limited to the following (check one): As identified below (check and describe all that apply); FLOOR: WALLS: CEILING: LIGHTING: WASHROOM(S): ELECTRICAL: HVAC:

Performance of Improvements. The Improvements shall be constructed by a general contractor selected by Tenant and approved by Landlord (the “General Contractor”). Except as may be stated or otherwise shown in the Final Drawings, Landlord shall cause the performance of the Improvements using building standard materials, quantities and procedures then in use by Landlord (“Building Standards”).

Performance of Improvements. Subject to the terms and conditions of this Lease and any Improvement Allowance provided herein, Landlord’s obligations to improve the Premises shall be limited to the work (“Landlord’s Work”) described below. All other work shall be performed by Tenant at its sole expense or, if performed by Landlord, shall be promptly reimbursed by Tenant. Landlord’s Work shall be deemed to be “substantially complete” on the date that Landlord’s notifies Tenant that Landlord’s Work is complete, except for punch list items that do not impair the use or operations thereof, would not prevent Tenant from occupancy and/or performing Tenant’s Work, and except for that portion of Landlord’s Work, if any, which cannot be feasibly performed before Tenant completes Tenant’s Work, fixturing, or decorating. The work to be done by Landlord in satisfying its obligation to complete Landlord’s Work under the Lease shall be limited to the following (check one): As identified below (check and describe all that apply); FLOOR: WALLS: CEILING: LIGHTING: WASHROOM(S): ELECTRICAL: HVAC: OTHER:

Performance of Improvements