Common use of Performance of Improvements Clause in Contracts

Performance of Improvements. Subject to the terms and conditions of this Sublease, the Master Lease, and any Improvement Allowance provided herein, Tenant’s obligations to improve the Subleased Premises shall be limited to the work (“Tenant’s Work”) described below. All other work shall be performed by Subtenant at its sole expense or, if performed by Xxxxxx, shall be promptly reimbursed by Subtenant. Tenant’s Work shall be deemed to be “substantially complete” on the date that Tenant notifies Subtenant that Xxxxxx’s Work is complete, except for punch list items that do not impair the use or operations thereof, would not prevent Subtenant from occupancy and/or performing Subtenant’s Work, and except for that portion of Tenant’s Work, if any, which cannot be feasibly performed before Subtenant completes Subtenant’s Work, fixturing, or decorating. The work to be done by Xxxxxx in satisfying its obligation to complete Tenant’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 improvements to be performed by Tenant (“Preliminary Tenant Plan”). Tenant and Subtenant shall cooperate in good faith to adopt a mutually acceptable Preliminary Tenant Plan. Subtenant acknowledges that the timelines set forth in this Section 1 with respect to Xxxxxx’s promulgation and approval of the Tenant 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 Xxxxxx’s approval of the Preliminary Tenant Plan, Tenant shall promptly prepare (or cause to be prepared) construction documents (i.e., those plans used for submittal to the appropriate governmental bodies for all necessary permits and approvals for Tenant’s Work, if any) for Subtenant’s review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. The construction documents, once approved, shall then constitute “Tenant’s Improvement Plans.” c. Tenant shall submit the Tenant’s Improvement Plans to the appropriate governmental body for plan checking and issuance of necessary permits and approvals, as applicable. Tenant and Subtenant shall cooperate and use commercially reasonable efforts to cause to be made any changes in the Tenant’s Improvement Plans necessary to obtain such permits and approvals; provided, however, any costs and expenses resulting from the foregoing changes to Tenant’s Work that exceed the Improvement Allowance shall be borne at Subtenant’s sole cost and expense.

Performance of Improvements. Subject (a) Borrower shall construct, erect, undertake and complete all of the work set forth on Exhibit W hereto (the "REQUIRED REPAIRS") or, with respect to any Additional Property, such work as may be specified in the terms and conditions Engineering Reports delivered to Lender in connection with the initial Subsequent Advance for such Additional Property within one hundred eighty (180) days of this Subleasethe date hereof or the date of such Subsequent Advance; provided however, in the Master Leaseevent that Borrower is unable to accomplish same due to events beyond Borrower's control, and any Improvement Allowance provided hereinincluding, Tenant’s obligations to improve the Subleased Premises shall be but not limited to the work (“Tenant’s Work”) described below. All other work unavailability of access due to the rights of tenants in occupancy, such period shall be performed by Subtenant at its sole expense or, if performed by Xxxxxx, shall be promptly reimbursed by Subtenant. Tenant’s Work shall be deemed to be “substantially complete” on the date that Tenant notifies Subtenant that Xxxxxx’s Work is complete, except extended for punch list items that do not impair the use or operations thereof, would not prevent Subtenant from occupancy and/or performing Subtenant’s Work, and except for that portion of Tenant’s Work, if any, which cannot be feasibly performed before Subtenant completes Subtenant’s Work, fixturing, or decorating. The work to be done by Xxxxxx in satisfying its obligation to complete Tenant’s Work under the Sublease shall be limited a period equal to the following (check one): As identified below (check and describe all period 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 improvements to be performed such event prevented compliance herewith by Tenant (“Preliminary Tenant Plan”). Tenant and Subtenant shall cooperate in good faith to adopt a mutually acceptable Preliminary Tenant Plan. Subtenant acknowledges that the timelines set forth in this Section 1 with respect to Xxxxxx’s promulgation and approval of the Tenant 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 LeaseBorrower. b. Upon Xxxxxx’s approval of the Preliminary Tenant Plan, Tenant (b) Borrower shall promptly prepare (pay for and obtain or cause to be prepared) construction documents (i.e.paid for and obtained all permits, those plans used for submittal licenses and approvals required by all applicable laws with regard to the appropriate governmental bodies Required Repairs, whether necessary for commencement, completion, use or otherwise. (c) Borrower shall perform or cause to be performed all necessary permits work in connection with the Required Repairs in a good and approvals for Tenant’s Workworkmanlike manner, if any) for Subtenant’s review in compliance with all applicable laws, ordinances, rules and approvalregulations of federal, which approval shall not state, county or municipal government or agencies now in force or that may be unreasonably withheld, conditioned or delayed. The construction documents, once approved, shall then constitute “Tenant’s Improvement Plans.” c. Tenant shall submit the Tenant’s Improvement Plans enacted hereafter and without regard to the appropriate governmental body for plan checking sufficiency of the Required Repairs Fund. (d) Borrower covenants and issuance of necessary permits and approvalsagrees that the Required Repairs 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 this Agreement or the Mortgage. (e) Each contractor or subcontractor performing the Required Repairs shall be licensed by the appropriate state agency and bonded. Tenant Upon Lender's request, Borrower shall provide written evidence that each contractor and Subtenant subcontractor meets the requirements of this paragraph. (f) Borrower agrees to pay and discharge all claims for labor done and material and services furnished in connection with the Required Repairs and to diligently file or procure the filing of a valid notice of completion upon completion of the Required Repairs (if required by applicable governmental agencies); provided that Lender makes any Advances for Capital Improvements with respect to the applicable Individual Property that Lender is required to make hereunder. (g) If a notice or claim of lien or the like concerning the Property alleging non-payment for Required Repairs performed should be filed, recorded, or served upon Borrower or Lender by a contractor or subcontractor, Lender shall cooperate and use commercially reasonable efforts have the right to cause to be made any changes retain in the Tenant’s Improvement Plans Required Repairs Fund, in lieu of any payment to Borrower then or thereafter due, an amount sufficient to completely satisfy said potential lien. (h) Nothing herein contained shall require Borrower to pay any claims for labor, substances, or services that Borrower in good faith disputes and that Borrower, at Borrower's own expense, is currently and diligently contesting in accordance with the provisions of this Agreement or the Mortgage. Additionally, if Borrower, in good faith disputes the need for any Required Repairs set forth in an Engineering Report delivered to Lender pursuant to SECTION 8.4.1(a), Borrower may procure its own Engineering Report intending to show why such Required Repairs are not necessary to obtain and Lender shall reasonably assess such permits Engineering Report when determining the need for, and approvals; providedscope of, however, any costs and expenses resulting from the foregoing changes to Tenant’s Work that exceed the Improvement Allowance shall be borne at Subtenant’s sole cost and expenseRequired Repairs.

Performance of Improvements. Subject to the terms and conditions of this the Sublease, the Master Lease, and any Improvement Allowance provided herein, Tenant’s obligations to improve the Subleased Premises Subtenant shall be limited to 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 (“TenantSubtenant’s Work”) described below). All other work shall be performed by Subtenant at its sole expense or, if performed by Xxxxxx, shall be promptly reimbursed by Subtenant. Tenant’s Work shall be deemed to be “substantially complete” on performed lien free and in a workmanlike manner, without interference with other work, if any, being done in the date that Tenant notifies Subtenant that Xxxxxx’s Work is completeSubleased Premises, except for punch list items that do not impair the use Master Premises, or operations thereofProperty, would not prevent Subtenant from occupancy and/or performing Subtenant’s Work, and except for that portion including any of Tenant’s Work, if anyand in compliance with all laws and reasonable rules promulgated from time to time by Xxxxxx, which cannot be feasibly performed before Subtenant completes Subtenant’s Workits architect and contractors, fixturing, Landlord or decoratingits property manager. The work to be done by Xxxxxx Subtenant in satisfying its obligation to complete TenantSubtenant’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 improvements to be performed by Tenant Subtenant Improvements (“Preliminary Tenant Subtenant Plan”). Tenant and Subtenant shall cooperate in good faith to adopt a mutually acceptable Preliminary Tenant Subtenant Plan. Subtenant acknowledges that the timelines set forth in this Section 1 2 with respect to Xxxxxx’s promulgation and approval of the Tenant 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 Xxxxxx’s approval of the Preliminary Tenant PlanSubtenant Plan by Tenant, Tenant Subtenant shall promptly prepare (or cause to be prepared) construction documents (i.e., those plans used for submittal to the appropriate governmental bodies for all necessary permits and approvals for Tenantthe Subtenant’s Work, if any) for SubtenantTenant’s review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. The construction documents, once approved, shall then constitute the “Tenant’s Subtenant Improvement Plans.” c. Tenant Upon approval by Xxxxxx, Subtenant shall submit the Tenant’s Improvement Subtenant Improvements Plans to the appropriate governmental body for plan checking and issuance of necessary permits and approvals. Subtenant, as applicable. Tenant and Subtenant with Xxxxxx’s approval, shall cooperate and use commercially reasonable efforts to cause to be made any changes in the Tenant’s Improvement Subtenant Improvements Plans necessary to obtain such permits and approvals; provided. d. Tenant makes no warranty or representation of any type or nature with respect to the adequacy or sufficiency of the Subtenant Improvements Plans for any purpose. Tenant makes no warranty or representation of any type or nature with respect to the quality, howeversuitability, any costs and expenses resulting from or ability of contractor or the foregoing changes quality of the work or materials supplied or performed with respect to Tenant’s Work that exceed the Improvement Allowance shall be borne at Subtenant Improvements by contractor, the subcontractors, Subtenant’s sole cost and expenseagents, or any other person or entity.

Performance of Improvements. Subject (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 terms 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 conditions of this Subleaseworkmanlike manner, in compliance with all applicable laws (including, without limitation, any and all environmental laws and laws for the Master Leasehandicapped and/or disabled) and with the plans and specifications approved (in writing) by Lender covering the same, and any Improvement Allowance provided herein, Tenant’s obligations to improve the Subleased Premises which performance by Borrower shall be limited 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 (“Tenant’s Work”) described belowand labor necessary to make or complete the Environmental Improvements and/or employ watchmen to protect the Mortgaged Property from damage. All other work sums so expended by Lender shall be performed by Subtenant at its sole expense or, if performed by Xxxxxx, construed to have been paid to Borrower and shall be promptly reimbursed secured by Subtenantthe Mortgage. Tenant’s Work 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 deemed construed to be “substantially complete” on the date that Tenant notifies Subtenant that Xxxxxx’s Work is complete, except for punch list items that do not impair the use or operations thereof, would not prevent Subtenant from occupancy and/or performing Subtenant’s Work, and except for that portion of Tenant’s Work, if any, a power coupled with an interest which cannot be feasibly performed before Subtenant completes Subtenant’s Workrevoked. September 23, fixturing, or decorating. The work to be done by Xxxxxx in satisfying its obligation to complete Tenant’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 improvements to be performed by Tenant (“Preliminary Tenant Plan”). Tenant and Subtenant shall cooperate in good faith to adopt a mutually acceptable Preliminary Tenant Plan. Subtenant acknowledges that the timelines set forth in this Section 1 with respect to Xxxxxx’s promulgation and approval of the Tenant 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 Xxxxxx’s approval of the Preliminary Tenant Plan, Tenant shall promptly prepare (or cause to be prepared) construction documents (i.e., those plans used for submittal to the appropriate governmental bodies for all necessary permits and approvals for Tenant’s Work, if any) for Subtenant’s review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. The construction documents, once approved, shall then constitute “Tenant’s Improvement Plans.” c. Tenant shall submit the Tenant’s Improvement Plans to the appropriate governmental body for plan checking and issuance of necessary permits and approvals, as applicable. Tenant and Subtenant shall cooperate and use commercially reasonable efforts to cause to be made any changes in the Tenant’s Improvement Plans necessary to obtain such permits and approvals; provided, however, any costs and expenses resulting from the foregoing changes to Tenant’s Work that exceed the Improvement Allowance shall be borne at Subtenant’s sole cost and expense.1997 LOS01:48425.3 2