Common use of Permitted Alterations Clause in Contracts

Permitted Alterations. Without Landlord’s prior written consent, which consent shall not be unreasonably withheld, Tenant shall not make any Capital Alterations or Material Alterations. Tenant may, without Landlord’s consent, make any other Alterations provided the same (a) do not decrease the value of the applicable Facility, (b) do not adversely affect the exterior appearance of such Facility and (c) are consistent in terms of style, quality and workmanship to the original Leased Improvements and Fixtures of such Facility, and provided further that the same are constructed and performed in accordance with the following: 6.4.1 Such construction shall not commence until Tenant shall have procured and paid for all municipal and other governmental permits and authorizations required therefor (as well as any permits or approvals required in connection with any Permitted Encumbrance of such Facility); provided, however, that any Plans and Specifications required to be filed in connection with any such permits or authorizations that require the approval of Landlord shall have been so approved by Landlord. 6.4.2 During and following completion of such construction, the parking that is located on the Land of such Facility shall remain adequate for the operation of such Facility for its Primary Intended Use and in no event shall such parking be less than what is required by any applicable Legal Requirements or was located on such Land prior to such construction. 6.4.3 All work done in connection with such construction shall be done promptly and in a good and workmanlike manner using materials of appropriate grade and quality consistent with the existing materials and in conformity with all Legal Requirements. 6.4.4 If, by reason of the construction of any Alteration, a new or revised certificate of occupancy for any component of such Facility is required, Tenant shall obtain such certificate in compliance with all applicable Legal Requirements and furnish a copy of the same to Landlord promptly upon receipt thereof. 6.4.5 Upon completion of any Alteration, Tenant shall promptly deliver to Landlord final lien waivers from each and every general contractor and, with respect to Alterations costing in excess of One Hundred Thousand Dollars ($100,000), each and every subcontractor that provided goods or services costing in excess of One Hundred Thousand Dollars ($100,000) in connection with such Alterations indicating that such contractor or subcontractor has been paid in full for such goods or services, together with such other evidence as Landlord may reasonably require to satisfy Landlord that no liens have been or may be created in connection with such Alteration.

Permitted Alterations. Without Landlord’s prior written consent, which consent shall not be unreasonably withheld, Tenant shall not make any Capital Alterations or Material Alterations. Tenant may, without Landlord’s consent, make any other Alterations provided the same (a) do not decrease the value of the applicable Facility, (b) do not adversely affect the exterior appearance of such Facility and (c) are consistent in terms of style, quality and workmanship to the original Leased Improvements and Fixtures of such Facility, and provided further that the same are constructed and performed in accordance with the following: 6.4.1 7.4.1 Such construction shall not commence until Tenant shall have procured and paid for all municipal and other governmental permits and authorizations required therefor (as well as any permits or approvals required in connection with any Permitted Encumbrance of such Facility); provided, however, that any Plans and Specifications required to be filed in connection with any such permits or authorizations that require the approval of Landlord shall have been so approved by Landlord. 6.4.2 7.4.2 During and following completion of such construction, the parking that is located on the Land of such Facility shall remain adequate for the operation of such Facility for its Primary Intended Use and in no event shall such parking be less than what is required by any applicable Legal Requirements or was located on such Land prior to such construction. 6.4.3 7.4.3 All work done in connection with such construction shall be done promptly and in a good and workmanlike manner using materials of appropriate grade and quality consistent with the existing materials and in conformity with all Legal RequirementsRequirements and any Plans and Specifications. 6.4.4 7.4.4 If, by reason of the construction of any Alteration, a new or revised certificate of occupancy for any component of such Facility is required, Tenant shall obtain such certificate in compliance with all applicable Legal Requirements and furnish a copy of the same to Landlord promptly upon receipt thereof. 6.4.5 7.4.5 Upon completion of any Alteration, Tenant shall promptly deliver to Landlord final lien waivers from each and every general contractor and, with respect to Alterations costing in excess of One Hundred Thousand Dollars ($100,000)10,000, each and every subcontractor that provided goods or services costing in excess of One Hundred Thousand Dollars ($100,000) 10,000 in connection with such Alterations indicating that such contractor or subcontractor has been paid in full for such goods or services, together with such other evidence as Landlord may reasonably require to satisfy Landlord that no liens have been or may be created in connection with such Alteration. 7.4.6 Each and every Alteration, renovation or improvement made by Tenant under this Section 7.4 (or Section 7.5) shall immediately become a part of the Premises and shall belong to Landlord subject to the terms and conditions of this Lease.

Permitted Alterations. Without Any and all improvements or alterations in, or additions, changes or installations to the Premises (an “Alteration”) performed by or on behalf of Tenant shall be governed by the terms of Sections 3.2(A), (B) and (C). This 3.2(A) does not apply to the Work subject to Exhibit E which shall be governed by provisions of Exhibit E. Tenant shall not permit or cause any Alteration to be performed within or to the Premises without first obtaining Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed so long as: (1) no Event of Default exists hereunder, (2) such Alterations (i) do not impact the structural components of the Premises or any improvements located at the Project, including but not limited to the foundation, bearing walls, structural steel, footings, roofs or any other exterior component or portion of the Building or (ii) do not impact the air conditioning, ventilation, electrical, plumbing, utility or mechanical systems of any improvements located at the Building, or (iii) do not impact any other tenant’s premises and are not visible from the outside of the Premises, (3) such Alterations are consistent with the quality and materials utilized in the initial build out of the Tenant space; (4) the cost of any such Alterations does not exceed $25,000 in any one instance or more than $50,000 in the aggregate in any consecutive twelve (12) month period; and (5) such Alterations are in full compliance with the Rules and Regulations and with the Governmental Regulations. Any Alteration not complying with the foregoing sentence shall not make any Capital Alterations or Material Alterations. Tenant may, be performed without Landlord’s prior written consent, make any other Alterations provided the same which may be withheld in Landlord’s sole and absolute discretion unless such Alteration is required by Section 1.4(C) of this Lease (a) do in which event Landlord shall not decrease the value withhold, condition or delay its consent unreasonably). Tenant agrees to pay to Landlord a fee equal to its actual “out of the applicable Facilitypocket” third party costs of its review of plans and specifications, (b) do not adversely affect the exterior appearance inspection of such Facility and (c) are consistent in terms of style, quality and workmanship to the original Leased Improvements and Fixtures of such Facilitywork, and provided further other activities regarding Alterations within twenty (20) business days after Tenant's receipt of invoices either from Landlord or such consultants. Tenant acknowledges that the same are constructed and performed in accordance with the following: 6.4.1 Such construction shall not commence until Tenant shall have procured and paid for all municipal and other governmental permits and authorizations required therefor (as well as any permits or approvals required in connection with any Permitted Encumbrance of such Facility); provided, however, that any Plans and Specifications required to be filed in connection with any such permits or authorizations that require the approval of Landlord shall have been so approved by Landlord. 6.4.2 During and following completion of such construction, the parking that is located on the Land of such Facility shall remain adequate for the operation of such Facility for its Primary Intended Use and in no event shall such parking be less than what is required by any applicable Legal Requirements or was located on such Land prior to such construction. 6.4.3 All work done in connection with such construction shall be done promptly and in a good and workmanlike manner using materials of appropriate grade and quality consistent with the existing materials and in conformity with all Legal Requirements. 6.4.4 If, by reason of the construction Landlord’s approval of any Alteration, a new Alterations or revised certificate of occupancy for any component of such Facility is required, plans and specifications therefor be deemed to be Landlord’s warranty to Tenant shall obtain such certificate that said Alterations or plans and specifications therefor are in compliance with all applicable Legal Requirements and furnish a copy the Governmental Regulations or are suitable for Tenant’s use of the same Premises. Tenant shall pay the entire cost of any Alteration permitted hereunder and, if requested by Landlord, shall provide Landlord with evidence reasonably satisfactory to Landlord promptly upon receipt thereof. 6.4.5 it of Tenant’s financial ability to pay the cost of such Alteration. Upon completion of any Alteration, Tenant shall promptly deliver to furnish Landlord with final sworn owner’s and contractors’ statements and full and final waivers and releases of lien waivers from each covering all labor and every general contractor and, with respect to Alterations costing materials included in excess of One Hundred Thousand Dollars ($100,000), each and every subcontractor that provided goods or services costing in excess of One Hundred Thousand Dollars ($100,000) in connection with such Alterations indicating that such contractor or subcontractor has been paid in full for such goods or services, together with such other evidence as Landlord may reasonably require to satisfy Landlord that no liens have been or may be created in connection with such Alteration.

Permitted Alterations. Without Landlord’s prior written consent, which consent shall not be unreasonably withheld, Tenant shall not make any Capital Alterations or Material Alterations. Tenant may, without Landlord’s consent, make any other Alterations provided the same (a) do not Liberty:Pristine decrease the value of the applicable Facility, (b) do not adversely affect the exterior appearance of such Facility and (c) are consistent in terms of style, quality and workmanship to the original Leased Improvements and Fixtures of such Facility, and provided further that the same are constructed and performed in accordance with the following: 6.4.1 7.4.1 Such construction shall not commence until Tenant shall have procured and paid for all municipal and other governmental permits and authorizations required therefor (as well as any permits or approvals required in connection with any Permitted Encumbrance of such Facility); provided, however, that any Plans and Specifications required to be filed in connection with any such permits or authorizations that require the approval of Landlord shall have been so approved by Landlord. 6.4.2 7.4.2 During and following completion of such construction, the parking that is located on the Land of such Facility shall remain adequate for the operation of such Facility for its Primary Intended Use and in no event shall such parking be less than what is required by any applicable Legal Requirements or was located on such Land prior to such construction. 6.4.3 7.4.3 All work done in connection with such construction shall be done promptly and in a good and workmanlike manner using materials of appropriate grade and quality consistent with the existing materials and in conformity with all Legal Requirements. 6.4.4 7.4.4 If, by reason of the construction of any Alteration, a new or revised certificate of occupancy for any component of such Facility is required, Tenant shall obtain such certificate in compliance with all applicable Legal Requirements and furnish a copy of the same to Landlord promptly upon receipt thereof. 6.4.5 7.4.5 Upon completion of any Alteration, Tenant shall promptly deliver to Landlord final lien waivers from each and every general contractor and, with respect to Alterations costing in excess of One Hundred Twenty-Five Thousand Dollars ($100,00025,000), each and every subcontractor that provided goods or services costing in excess of One Hundred Five Thousand Dollars ($100,0005,000) in connection with such Alterations indicating that such contractor or subcontractor has been paid in full for such goods or services, together with such other evidence as Landlord may reasonably require to satisfy Landlord that no liens have been or may be created in connection with such Alteration.

Permitted Alterations. Without Landlord’s prior written consent, which consent shall not be unreasonably withheld, and without the consent of the Prime Landlord, to the extent such consent is required pursuant to the Prime Lease, Tenant shall not make any Capital Alterations or Material Alterations. Tenant may, without Landlord’s consent, but subject in all events to the Prime Lease, make any other Alterations provided the same (a) do not decrease the value of the applicable Facility, (b) do not adversely affect the exterior appearance of such Facility and (c) are consistent in terms of style, quality and workmanship to the original Leased Improvements and Fixtures of such Facility, and provided further that the same are constructed and performed in accordance with the following: 6.4.1 7.4.1 Such construction shall not commence until Tenant shall have procured and paid for all municipal and other governmental permits and authorizations required therefor (as well as any permits or approvals required in connection with any Permitted Encumbrance of such Facility); provided, however, that any Plans and Specifications required to be filed in connection with any such permits or authorizations that require the approval of Landlord or Prime Landlord shall have been so approved by Landlord or Prime Landlord, as applicable. 6.4.2 7.4.2 During and following completion of such construction, the parking that is located on the Land of such Facility shall remain adequate for the operation of such Facility for its Primary Intended Use and in no event shall such parking be less than what is required by any applicable Legal Requirements or was located on such Land prior to such construction. 6.4.3 7.4.3 All work done in connection with such construction shall be done promptly and in a good and workmanlike manner using materials of appropriate grade and quality consistent with the existing materials and in conformity with all Legal RequirementsRequirements and any Plans and Specifications. 6.4.4 7.4.4 If, by reason of the construction of any Alteration, a new or revised certificate of occupancy for any component of such Facility is required, Tenant shall obtain such certificate in compliance with all applicable Legal Requirements and furnish a copy of the same to Landlord promptly upon receipt thereof. 6.4.5 7.4.5 Upon completion of any Alteration, Tenant shall promptly deliver to Landlord final lien waivers from each and every general contractor and, with respect to Alterations costing in excess of One Hundred Thousand Dollars ($100,000), each and every subcontractor that performed work or provided goods labor, materials, good or services costing in excess of One Hundred Thousand Dollars ($100,000) in connection with respect to such Alterations Alteration indicating that such contractor or subcontractor has been paid in full for such goods or services, together with such other evidence as Landlord may reasonably require to satisfy Landlord that no liens have been or may be created in connection with such Alteration. 7.4.6 Each and every Alteration, renovation or improvement made by Tenant under this Section 7.4 (or Section 7.5) shall immediately become a part of the Premises and shall belong to Landlord subject to the terms and conditions of this Lease.

Permitted Alterations. Without Tenant shall not make or permit any Alterations without the prior written consent of Landlord. Notwithstanding the foregoing, in no event shall any Alterations (i) affect the exterior of the Building or the outside areas of the Project (or be visible from adjoining sites), (ii) affect or penetrate any of the structural portions of the Building, including, but not limited to, the roof, (iii) require any change to the basic floor plan of the Premises, any change to the structural or mechanical components of the Premises, or any governmental approval or permit as a prerequisite to the construction thereof, (iv) interfere in any manner with the proper functioning of or Landlord’s prior written consentaccess to any mechanical, which electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building, or (v) diminish the value of the Premises. Notwithstanding the foregoing, Landlord’s consent shall not be unreasonably withheldrequired for non-structural, Tenant shall not make any Capital Alterations or Material Alterations. Tenant may, without Landlord’s consent, make any other cosmetic Alterations provided the same that: (a) such Alterations do not decrease affect or penetrate the value structural portions or exterior appearance of the applicable FacilityPremises or Building or affect any mechanical, electrical, plumbing, life safety, HVAC or other systems in the Building; (b) the cost of such Alterations do not adversely affect the exterior appearance of such Facility and exceed $25,000.00 during any twelve (12) month period; (c) are consistent in Tenant delivers to Landlord no less than fifteen (15) days prior Notice of the installation or construction of such Alterations; (d) such Alterations do not require the issuance of a permit or other authorization from a governmental authority; and (e) such Alterations otherwise comply with the terms of stylethis Article VIII and all Rules and Regulations, Building regulations and Landlord’s structural, engineering and design requirements for the Building. All Alterations shall be constructed pursuant to plans and specifications previously provided to and, when applicable, approved in writing by Landlord, shall be installed by a licensed contractor at Tenant’s sole expense in compliance with all Applicable Laws, and shall be accomplished in a good and workmanlike manner conforming in quality and workmanship to design with the original Leased Improvements Premises existing as of the Commencement Date and Fixtures of such Facility, and provided further that the same are constructed and performed in accordance with the following: 6.4.1 Such requirements of Section 21.28. No Hazardous Materials, including, but not limited to, asbestos or asbestos-containing materials, shall be used by Tenant or Tenant’s Agents in the construction or installation of any Alterations permitted hereunder. Tenant shall, if reasonably required by Landlord, obtain and pay for, at Tenant’s own expense, a completion and indemnity bond covering such Alterations, the form and amount of which shall be subject to approval of Landlord. All Alterations made by Tenant shall be and become the property of Landlord upon the construction or installation thereof and shall not commence until Tenant shall have procured and paid for all municipal and other governmental permits and authorizations required therefor (as well as any permits or approvals required in connection with any Permitted Encumbrance of such Facility)be deemed Tenant’s Personal Property; provided, however, that Landlord may, at its option, require that Tenant, upon the expiration or sooner termination of this Lease, at Tenant’s expense, remove any Plans or all Alterations and Specifications required return the Premises to its condition as of the Commencement Date, normal wear and tear excepted. Notwithstanding the foregoing, upon Tenant’s express written request making specific reference to this Section 8.1, Landlord shall advise Tenant at the time of Landlord’s approval of any Alteration requested by Tenant (or within ten (10) Business Days after receipt of Tenant’s notice to Landlord with respect to those Alterations not requiring Landlord’s approval (i.e. cosmetic alterations), whether Landlord will require the removal of the Alteration and restoration of the Premises to its previous condition at the expiration or sooner termination of this Lease, and Landlord's determination at such time shall be binding on Landlord. Landlord’s failure to expressly waive in writing Tenant’s removal obligation as to any Alterations following Tenant's written request therefor shall be deemed to be filed in connection with any such permits or authorizations that an election by Landlord to require the approval removal of the subject Alterations, unless Landlord shall have been so approved by Landlord. 6.4.2 During and following completion of subsequently waives such construction, the parking that is located on the Land of such Facility shall remain adequate for the operation of such Facility for its Primary Intended Use and in no event shall such parking be less than what is required by any applicable Legal Requirements or was located on such Land prior to such construction. 6.4.3 All work done in connection with such construction shall be done promptly and requirement in a good and workmanlike manner using materials written notice to Tenant. Notwithstanding any other provisions of appropriate grade and quality consistent with this Lease to the existing materials and in conformity with all Legal Requirements. 6.4.4 If, by reason of the construction of any Alteration, a new or revised certificate of occupancy for any component of such Facility is requiredcontrary, Tenant shall obtain such certificate in compliance with all applicable Legal Requirements be solely responsible for the maintenance, repair and furnish a copy of the same to Landlord promptly upon receipt thereof. 6.4.5 Upon completion replacement of any Alterationand all Alterations made by or for the benefit of Tenant (including, without limitation, by Landlord for the benefit of Tenant). In addition, Tenant shall promptly deliver be responsible for the payment of any increase in Real Property Taxes that are attributable to any Alterations, which payment shall be made by Tenant to Landlord final lien waivers within ten (10) days following Landlord’s written demand therefor from each and every general contractor and, with respect time to Alterations costing in excess of One Hundred Thousand Dollars ($100,000), each and every subcontractor that provided goods or services costing in excess of One Hundred Thousand Dollars ($100,000) in connection with such Alterations indicating that such contractor or subcontractor has been paid in full for such goods or services, together with such other evidence as Landlord may reasonably require to satisfy Landlord that no liens have been or may be created in connection with such Alterationtime.

Permitted Alterations. Without Landlord’s prior written consent, which consent shall not be unreasonably withheld, Tenant shall not make any Capital All Alterations or Material Alterations. Tenant may, without Landlord’s consent, make any other Alterations provided the same (a) do not decrease the value of the applicable Facility, (b) do not adversely affect the exterior appearance of such Facility and (c) are consistent in terms of style, quality and workmanship to the original Leased Improvements and Fixtures of such Facility, and provided further that the same are constructed and performed approved in accordance with Article 10.1 shall be performed under the following: 6.4.1 Such construction shall not commence until Tenant shall have procured direction of Landlord by a contractor approved by Landlord, but at Tenant’s sole cost, risk and paid for all municipal expense pursuant to the provisions of this Article 10, and other governmental permits at such times and authorizations required therefor (in such manner as well as any permits or approvals required in connection with any Permitted Encumbrance of such Facility); provided, however, that any Plans and Specifications required Landlord may from time to be filed in connection with any such permits or authorizations that require the approval of time designate. Landlord shall have been so the right, but not the obligation, from time to time during the course of construction, to examine the Alterations for conformity with the approved plans and specifications and workmanship. Landlord shall have the further right, but not the obligation, at the end of the job, but prior to final acceptance of the work by Tenant, to again examine the Alterations for conformity with approved plans and specifications. Tenant acknowledges that both of these rights of examination are for the Landlord. 6.4.2 During ’s own purposes and following completion that neither such right shall impose on Landlord, any liability for or obligation to discover defects or omissions in the Alterations. Any aspect of the work, which in Landlord’s sole judgment does not conform to the approved plans and specifications or which as constructed has an adverse impact on the safety or security of the Building or Building Systems, shall be corrected by Tenant at Tenant’s sole cost and expense. Tenant shall commence correction with ten (10) days of notice of such constructionnon-conforming construction from Landlord to Tenant, the parking that is located on the Land of and pursue such Facility shall remain adequate for the operation of such Facility for its Primary Intended Use and in no event shall such parking be less than what is required by any applicable Legal Requirements or was located on such Land prior to such construction. 6.4.3 correction diligently until completed. All work done in connection with such construction Alterations shall be done promptly and installed in a good and workmanlike manner using materials of appropriate grade and quality consistent with the existing materials and in conformity with all Legal Requirements. 6.4.4 If, by reason of the construction of any Alteration, a new or revised certificate of occupancy for any component of such Facility is required, Tenant shall obtain such certificate in full compliance with all applicable Legal Requirements laws, rules, orders, ordinances, codes and furnish a copy requirements of all governmental agencies having jurisdiction with respect thereto (“Applicable Laws”) and shall in no manner cause labor problems in the Building. Further, should the installation of any Alteration cause Landlord to be required, under any Applicable Law, to alter, modify, add, delete or in any manner change any system, structure or finish of the same Building, such change shall be deemed an Alteration and subject to Landlord promptly upon receipt thereof. 6.4.5 Upon completion all requirements of this Article 10. The installation of any Alteration shall in no manner cause any labor dispute or problem. All applicable permits and authorizations shall be obtained before the commencement of any work requiring a permit or authorization. Tenant agrees to pay to Landlord, as Additional Rent, the cost of preparation of all plans and drawings, any consultation expenses which are incurred by Landlord in connection with its review, supervision, and approval of said Alterations, and cost of construction plus an administrative fee equal to ten percent (10%) of the total cost of each Alteration. Tenant shall give Landlord at least fifteen (15) days’ prior written notice before the commencement of any Alterations in order to give Landlord an opportunity to post and record such notices as Landlord deems appropriate to protect its interest in the Premises and Building. Tenant waives all rights to make repairs at Landlord’s expense under the provisions of Sections 1941 and 1942 of the Civil Code of California or any other law. In the event Landlord requires, Tenant shall promptly deliver provide Landlord with a commercially reasonable performance and/or completion bond for all Alterations. All Contractors used by Tenant to Landlord final lien waivers from each perform work in the Premises shall be bondable by reputable bonding companies, and every general contractor and, with respect shall be subject to Alterations costing in excess of One Hundred Thousand Dollars ($100,000), each and every subcontractor that provided goods or services costing in excess of One Hundred Thousand Dollars ($100,000) in connection with such Alterations indicating that such contractor or subcontractor has been paid in full for such goods or services, together with such other evidence as Landlord may reasonably require to satisfy Landlord that no liens have been or may be created in connection with such AlterationLandlord’s prior reasonable approval.

Permitted Alterations. Without Landlord’s Tenant shall not make or permit any Alterations without the prior written consent, consent of Landlord (which consent shall not be unreasonably withheld). Notwithstanding the foregoing, Tenant in no event shall any Alterations (i) affect the exterior of the Building or the outside areas of the Property or the Building (or be visible from adjoining sites), (ii) affect or penetrate any of the structural portions of the Building, including, but not make limited to, the roof, (iii) require any Capital Alterations change to the basic floor plan of the Premises, any change to the structural or Material Alterations. Tenant maymechanical components of the Premises, without or any governmental approval or permit as a prerequisite to the construction thereof, (iv) interfere in any manner with the proper functioning of or Landlord’s consent's access to any mechanical, make any other Alterations provided electrical, plumbing or HVAC systems, facilities or equipment located in or serving the same Building, or (av) do not decrease diminish the value of the applicable FacilityPremises. All Alterations shall be constructed pursuant to plans and specifications previously provided to and, (b) do not adversely affect the exterior appearance of such Facility when applicable, approved in writing by Landlord, shall be installed by a licensed contractor at Tenant's sole expense in compliance with all Applicable Laws, and (c) are consistent shall be accomplished in terms of style, a good and workmanlike manner conforming in quality and workmanship to design with the original Leased Improvements Premises existing as of the Commencement Date and Fixtures of such Facility, and provided further that the same are constructed and performed in accordance with the following: 6.4.1 Such provisions of Section 22.1 below. No Hazardous Materials, including, but not limited to, asbestos or asbestos-containing materials, shall be used by Tenant or Tenant's Agents in the construction or installation of any Alterations permitted hereunder. Tenant shall, if required by Landlord, obtain and pay for, at Tenant's own expense, a completion and indemnity bond covering such Alterations, the form and amount of which shall be subject to reasonable approval of Landlord. All Alterations made by Tenant shall be and become the property of Landlord upon the construction or installation thereof and shall not commence until Tenant shall have procured and paid for all municipal and other governmental permits and authorizations required therefor (as well as any permits or approvals required in connection with any Permitted Encumbrance of such Facility)be deemed Tenant's Personal Property; provided, however, that Landlord may, at its option upon Notice given to Tenant at the time Landlord's consents to the Alteration, require that Tenant, upon the expiration or sooner termination of this Lease, at Tenant's expense, remove any Plans or all Alterations and Specifications required return the Premises to be filed in connection with any such permits or authorizations that require the approval of Landlord shall have been so approved by Landlord. 6.4.2 During and following completion of such construction, the parking that is located on the Land of such Facility shall remain adequate for the operation of such Facility for its Primary Intended Use and in no event shall such parking be less than what is required by any applicable Legal Requirements or was located on such Land prior to such construction. 6.4.3 All work done in connection with such construction shall be done promptly and in a good and workmanlike manner using materials of appropriate grade and quality consistent with the existing materials and in conformity with all Legal Requirements. 6.4.4 If, by reason condition as of the construction Commencement Date, normal wear and tear excepted. Notwithstanding any other provisions of any Alteration, a new or revised certificate of occupancy for any component of such Facility is requiredthis Lease to the contrary, Tenant shall obtain such certificate in compliance with all applicable Legal Requirements be solely responsible for the maintenance, repair and furnish a copy of the same to Landlord promptly upon receipt thereof. 6.4.5 Upon completion replacement of any Alterationand all Alterations made by or for the benefit of Tenant (including, without limitation, by Landlord for the benefit of Tenant). In addition, Tenant shall promptly deliver be responsible for the payment of any increase in Real Property Taxes that are attributable to any Alterations, which payment shall be made by Tenant to Landlord final lien waivers within ten (10) days following Landlord's written demand therefor from each and every general contractor and, with respect time to Alterations costing in excess of One Hundred Thousand Dollars ($100,000), each and every subcontractor that provided goods or services costing in excess of One Hundred Thousand Dollars ($100,000) in connection with such Alterations indicating that such contractor or subcontractor has been paid in full for such goods or services, together with such other evidence as Landlord may reasonably require to satisfy Landlord that no liens have been or may be created in connection with such Alterationtime.

Permitted Alterations. Without Landlord’s After the Commencement Date, Tenant shall not make or permit any Alterations in, on or about the Premises without the prior written consent, consent of Landlord (which consent shall not be unreasonably withheld), Tenant shall except for Alterations not make any Capital Alterations or Material Alterationsexceeding One Dollar ($1.00) per square foot of the Premises in aggregate cost over the Term. Tenant mayNotwithstanding the foregoing, without the prior written consent of Landlord (which consent may be withheld in Landlord’s consent's sole and absolute discretion), make in no event shall any other Alterations provided (i) affect the same exterior of the Building or the outside areas (aor be visible from adjoining sites), (ii) do affect or penetrate any of the structural portions of the Building, including, but not decrease limited to, the roof, (iii) require any change to the basic floor plan of the Premises, any change to the structural or mechanical components of the Premises, or any governmental approval or permit as a prerequisite to the construction thereof, (iv) interfere in any manner with the proper functioning of or Landlord's access to any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building, or (v) diminish the value of the applicable FacilityPremises. All Alterations shall be constructed pursuant to plans and specifications previously provided to and, (b) do not adversely affect the exterior appearance of such Facility when applicable, approved in writing by Landlord, shall be installed by a licensed contractor at Tenant's sole expense in compliance with all Applicable laws, and (c) are consistent shall be accomplished in terms of style, a good and workmanlike manner conforming in quality and workmanship design with the Premises existing as of the Commencement Date. No Hazardous Materials, including, but not limited to, asbestos or asbestos-containing materials, shall be used by Tenant or Tenant's Agents in the construction of any Alterations permitted hereunder. Tenant shall, if required by Landlord, obtain and pay for, at its own expense, a completion and indemnity bond covering such work, the form and amount of which shall be subject to the original Leased Improvements approval of Landlord. All Alterations made by Tenant shall be and Fixtures become the property of such Facility, Landlord upon the installation thereof and provided further that the same are constructed and performed in accordance with the following: 6.4.1 Such construction shall not commence until Tenant shall have procured and paid for all municipal and other governmental permits and authorizations required therefor (as well as any permits or approvals required in connection with any Permitted Encumbrance of such Facility)be deemed Tenant's Personal Property; provided, however, that Landlord may, at its option, require that Tenant, upon the termination of this Lease, at Tenant's expense, remove any Plans or all non-structural Alterations installed by or on behalf of Tenant and Specifications required return the Premises to be filed in connection with any such permits or authorizations that require the approval of Landlord shall have been so approved by Landlord. 6.4.2 During and following completion of such construction, the parking that is located on the Land of such Facility shall remain adequate for the operation of such Facility for its Primary Intended Use and in no event shall such parking be less than what is required by any applicable Legal Requirements or was located on such Land prior to such construction. 6.4.3 All work done in connection with such construction shall be done promptly and in a good and workmanlike manner using materials of appropriate grade and quality consistent with the existing materials and in conformity with all Legal Requirements. 6.4.4 If, by reason condition as of the construction Commencement Date of this Lease, normal wear and tear excepted. Notwithstanding any Alteration, a new or revised certificate other provisions of occupancy for any component of such Facility is requiredthis Lease, Tenant shall obtain such certificate in compliance with all applicable Legal Requirements be solely responsible for the maintenance, repair and furnish a copy of the same to Landlord promptly upon receipt thereof. 6.4.5 Upon completion replacement of any Alteration, and all Alterations made by or on behalf of Tenant shall promptly deliver (including without limitation by Landlord on behalf of Tenant) to Landlord final lien waivers from each and every general contractor and, with respect to Alterations costing in excess of One Hundred Thousand Dollars ($100,000), each and every subcontractor that provided goods or services costing in excess of One Hundred Thousand Dollars ($100,000) in connection with such Alterations indicating that such contractor or subcontractor has been paid in full for such goods or services, together with such other evidence as Landlord may reasonably require to satisfy Landlord that no liens have been or may be created in connection with such Alterationthe Premises.

Permitted Alterations. Without Landlord’s prior written consent, which consent shall not be unreasonably withheld, Tenant shall not make any Capital Alterations or Material Alterations. Tenant may, without Landlord’s consent, make any other Alterations provided the same (a) do not decrease the value of the applicable Facility, (b) do not adversely affect the exterior appearance of such Facility and (c) are consistent in terms of style, quality and workmanship to the original Leased Improvements and Fixtures of such Facility, and provided further that the same are constructed and performed in accordance with the following: 6.4.1 7.4.1 Such construction shall not commence until Tenant shall have procured and paid for all municipal and other governmental permits and authorizations required therefor (as well as any permits or approvals required in connection with any Permitted Encumbrance of such Facility); provided, however, that any Plans and Specifications required to be filed in connection with any such permits or authorizations that require the approval of Landlord shall have been so approved by Landlord. 6.4.2 7.4.2 During and following completion of such construction, the parking that is located on the Land of such Facility shall remain adequate for the operation of such Facility for its Primary Intended Use and in no event shall such parking be less than what is required by any applicable Legal Requirements or was located on such Land prior to such construction. 6.4.3 7.4.3 All work done in connection with such construction shall be done promptly and in a good and workmanlike manner using materials of appropriate grade and quality consistent with the existing materials and in conformity with all Legal Requirements. 6.4.4 7.4.4 If, by reason of the construction of any Alteration, a new or revised certificate of occupancy for any component of such Facility is required, Tenant shall obtain such certificate in compliance with all applicable Legal Requirements and furnish a copy of the same to Landlord promptly upon receipt thereof. 6.4.5 7.4.5 Upon completion of any Alteration, Tenant shall promptly deliver to Landlord final lien waivers from each and every general contractor and, with respect to Alterations costing in excess of One Hundred Twenty-Five Thousand Dollars ($100,00025,000), each and every subcontractor that provided goods or services costing in excess of One Hundred Five Thousand Dollars ($100,0005,000) in connection with such Alterations indicating that such contractor or subcontractor has been paid in full for such goods or services, together with such other evidence as Landlord may reasonably require to satisfy Landlord that no liens have been or may be created in connection with such Alteration.