Common use of Permitted Renovations Clause in Contracts

Permitted Renovations. (a) Tenant shall be entitled and obligated to undertake all alterations to the Premises required by any applicable law or ordinance. (b) Tenant shall be entitled to undertake non-structural alterations, renovations or modifications to the Premises which cost no more than Two Hundred Thousand Dollars ($200,000) per year without Landlord’s prior consent. (c) Tenant shall not be entitled to undertake any structural alterations, renovations or modifications (collectively, “Structural Work”) to the Premises without Landlord’s prior written consent; provided, however, Landlord’s prior consent shall not be required for structural repairs or replacements of existing structural elements (e.g. replacing roof, the roof membrane roof covering, exterior walls, structural support beams); provided further however that Tenant shall give Landlord written notice before causing such structural repairs or replacements to be performed and shall also comply with the provisions of Section 9.2 below. Prior to performing any Structural Work, Tenant shall request Landlord’s consent, which consent shall be given or withheld within [thirty (30)] days of Tenant’s request. Landlord’s consent shall not be unreasonably withheld or delayed, but may be conditioned upon Tenant’s full compliance with the requirements of Section 9.2 below. Landlord may retain expert consultants in connection with the review of any proposed Structural Work, and the reasonable cost thereof shall be reimbursed by Tenant. Structural Work shall also include system wide repairs or replacements to the mechanical systems and exterior elevations. (d) When performing any alterations or renovations to the Improvements, Tenant shall comply with all of the following requirements: (i) No such alterations shall be undertaken by Tenant which materially and adversely affect the value of the Premises or without Landlord’s consent, materially decrease the square footage of the Improvements. (ii) Before the commencement of any such alterations, Tenant or its agents shall furnish to Landlord either plans and specifications therefor depicting the scope of the Alterations or a reasonable detailed itemization thereof. (iii) Before the commencement of any such alterations, Tenant shall obtain the approval thereof by all governmental departments or authorities having or claiming jurisdiction of or over the Premises, if required by such departments or authorities, and with any public utility companies having an interest therein, if required by such utility companies. In any such work, Tenant shall comply with all applicable laws, ordinances, requirements, orders, directions, rules and regulations of the federal, state, county and municipal governments and of all other governmental authorities having or claiming jurisdiction of or over the Premises and of all their respective departments, bureaus and offices, and with the requirements and regulations, if any, of such public utilities, of the insurance underwriting board or insurance inspection bureau having or claiming jurisdiction, or any other body exercising similar functions, and of all insurance companies then writing policies covering the Premises or any part thereof. (iv) Tenant represents and warrants to Landlord that all such alterations will be performed in a good and workmanlike manner, in accordance with the terms, provisions and conditions of this Lease, the plans and specifications or itemization thereof approved by Landlord and all governmental requirements. (v) Landlord shall have the right to inspect any such work on prior notice at all times during normal working hours accompanied by an authorized Tenant representative and to maintain at the Premises for that purpose (at its own expense) such inspector(s) as it may deem necessary so long as such inspections do not interfere with Tenant’s work (but Landlord shall not thereby assume any responsibility for the proper completion of the alterations in accordance with the terms of this Lease, nor any liability arising from the improper performance thereof). (vi) All such alterations shall be performed at Tenant’s cost and expense and free of any expense to Landlord and free of any liens on Landlord’s title to or Tenant’s leasehold interest in the Premises. (vii) Upon substantial completion of any such alterations Tenant shall procure a certificate of occupancy or other written approval, if available and if required, from the appropriate governmental authorities verifying the substantial completion thereof and shall provide a copy of same to Landlord. (viii) Tenant shall, and hereby agrees to, indemnify and save and hold Landlord harmless from and against and reimburse Landlord for any and all loss, damage, cost and expense (including, without limitation, reasonable attorneys’ fees) incurred by or asserted against Landlord which is occasioned by or results, directly or indirectly, from any construction or renovation activities conducted upon the Premises by or at the direction of Tenant; whether or not the same is caused by or is the fault of Tenant or any contractor, subcontractor, laborer, supplier, materialman or any other third party. (e) Upon expiration of or termination of the Term, Tenant shall not be required to remove any alterations or renovations made to the Improvements by Tenant. Landlord represents and warrants that Tenant shall have no obligation to remove any Improvements made to the Premises prior to the Effective Date hereof.

Permitted Renovations. (a) Tenant shall be entitled and obligated to undertake all alterations to the Premises required by any applicable law or ordinanceordinance including, without limitation, any alterations required by any Accessibility Laws, and, in such event, Tenant shall comply with the provisions of Section 9.2 below. (b) Tenant shall be entitled to undertake non-structural alterations, renovations or modifications to the Premises which cost no more than Two Hundred Thousand Dollars ($200,000) per year without Landlord’s prior consent. (c) Tenant shall not be entitled to undertake any structural alterations, renovations or modifications (collectively, “Structural Work”) to the Premises without Landlord’s prior written consent; provided, however, Landlord’s prior consent shall not be required for structural repairs or replacements of existing structural elements (e.g. replacing roof, the roof membrane roof covering, exterior walls, structural support beams); provided further however that Tenant shall give Landlord written notice before causing such structural repairs or replacements to be performed and shall also comply with the provisions of Section 9.2 below. Prior to performing any Structural Work, Tenant shall request Landlord’s consent, which consent shall be given or withheld within [thirty (30)] ) days of Tenant’s request. Landlord’s consent shall not be unreasonably withheld or delayedwithheld, but may be conditioned upon Tenant’s full compliance with the requirements of Section 9.2 subsection 9.2(d) below. Landlord may retain expert consultants in connection with the review of any proposed Structural Work, and the reasonable cost thereof shall be reimbursed by Tenant. Structural Work shall also include system wide repairs or replacements to the mechanical systems and exterior elevations. (d) When performing any alterations or renovations to the Improvements, Tenant shall comply with all of the following requirements: (i) No such alterations shall be undertaken by Tenant which materially and adversely affect the value of the Premises or without Landlord’s consent, materially decrease the square footage of the Improvements. (ii) Before the commencement of any such alterations, Tenant or its agents shall furnish to Landlord either plans and specifications therefor depicting the scope of the Alterations or a reasonable detailed itemization thereof. (iii) Before the commencement of any such alterations, Tenant shall obtain the approval thereof by all governmental departments or authorities having or claiming jurisdiction of or over the Premises, if required by such departments or authorities, and with any public utility companies having an interest therein, if required by such utility companies. In any such work, Tenant shall comply with all applicable laws, ordinances, requirements, orders, directions, rules and regulations of the federal, state, county and municipal governments and of all other governmental authorities having or claiming jurisdiction of or over the Premises and of all their respective departments, bureaus and offices, and with the requirements and regulations, if any, of such public utilities, of the insurance underwriting board or insurance inspection bureau having or claiming jurisdiction, or any other body exercising similar functions, and of all insurance companies then writing policies covering the Premises or any part thereof. (iv) Tenant represents and warrants to Landlord that all such alterations will be performed in a good and workmanlike manner, in accordance with the terms, provisions and conditions of this Lease, the plans and specifications or itemization thereof approved by Landlord and all governmental requirements. (v) Landlord shall have the right to inspect any such work on prior notice at all times during normal working hours accompanied by an authorized Tenant representative and to maintain at the Premises for that purpose (at its own expense) such inspector(s) as it may deem necessary so long as such inspections do not interfere with Tenant’s work (but Landlord shall not thereby assume any responsibility for the proper completion of the alterations in accordance with the terms of this Lease, nor any liability arising from the improper performance thereof). (vi) All such alterations shall be performed at Tenant’s cost and expense and free of any expense to Landlord and free of any liens on Landlord’s title to or Tenant’s leasehold interest in the Premises. (vii) Upon substantial completion of any such alterations Tenant shall procure a certificate of occupancy or other written approval, if available and if required, from the appropriate governmental authorities verifying the substantial completion thereof and shall provide a copy of same to Landlord. (viii) Tenant shall, and hereby agrees to, indemnify and save and hold Landlord harmless from and against and reimburse Landlord for any and all loss, damage, cost and expense (including, without limitation, reasonable attorneys’ fees) incurred by or asserted against Landlord which is occasioned by or results, directly or indirectly, from any construction or renovation activities conducted upon the Premises by or at the direction of TenantPremises; whether or not the same is caused by or is the fault of Tenant or any contractor, subcontractor, laborer, supplier, materialman or any other third party. (e) Upon expiration of or termination of the Termlease term, Tenant shall not be required to remove any alterations or renovations made to the Improvements by Tenant, unless at the time Landlord gave its consent to said alterations, Landlord conditioned its consent on the removal of said alterations upon lease expiration or termination. Landlord represents and warrants that Tenant shall have no obligation to remove any Improvements made to the Premises prior to the Effective Date hereof.

Permitted Renovations. (a) Landlord acknowledges that various minor, non-structural alterations may be undertaken by Tenant shall from time to time and that Tenant may be entitled obligated under the Franchise Agreement to perform renovations and obligated to undertake all alterations to the Premises required by any applicable law or ordinance. (b) alterations. Landlord hereby agrees that Tenant shall be entitled to undertake non-structural alterations, renovations perform all such work on or modifications to about the Premises which cost no more than Two Hundred Thousand Dollars ($200,000) per year without Landlord’s prior consent. (c) Tenant shall not be entitled to undertake any structural alterations, renovations or modifications (collectively, “Structural Work”) to the Premises without Landlord’s prior written consentImprovements; provided, however, Landlord’s prior consent that the same shall not be weaken or impair the structural strength of the Improvements, or unless required by Franchise Agreement, alter their exterior design or appearance or the interior design or appearance of the lobby, materially impair use of any of the service facilities or fundamentally affect the character or suitability of the Improvements for structural repairs hotel purposes or replacements of existing structural elements (e.g. replacing roofmaterially lessen or impair their value, the roof membrane roof coveringand provided further, exterior walls, structural support beams); provided further however that Tenant shall give Landlord written notice before causing such structural repairs or replacements to be performed and shall also comply with the provisions of Section 9.2 below. Prior to performing any Structural Work, Tenant shall request Landlord’s consent, which consent shall be given or withheld within [thirty (30)] days of Tenant’s request. Landlord’s consent shall not be unreasonably withheld or delayed, but may be conditioned upon Tenant’s full compliance with the requirements of Section 9.2 below. Landlord may retain expert consultants in connection with any such permitted renovation, the review of any proposed Structural Work, and the reasonable cost thereof following conditions shall be reimbursed by Tenant. Structural Work shall also include system wide repairs or replacements met, to the mechanical systems and exterior elevations. (d) When performing any alterations or renovations to the Improvements, Tenant shall comply with all of the following requirementswit: (i) No such alterations shall be undertaken by Tenant which materially and adversely affect the value of the Premises or without Landlord’s consent, materially decrease the square footage of the Improvements. (iia) Before the commencement of any such alterationswork, Tenant or its agents shall furnish to Landlord either plans and specifications therefor depicting the scope of the Alterations or a reasonable detailed itemization thereofthereof prepared by a licensed architect approved by Landlord shall be furnished to Landlord for its review approval. The terms of Section 23.9 shall not be applicable to such approval. Such approval shall not constitute Landlord's agreement that the plans and specification are incompliance with applicable law or an assumption by Landlord of any liability in connection with the renovation work contemplated thereby.) (iiib) Before the commencement of any such alterationswork, Tenant shall obtain the approval thereof by all governmental departments or authorities having or claiming jurisdiction of or over the Premises, if required by such departments or authorities, and with any public utility companies having an interest therein, if required by such utility companies. In any such work, Tenant shall comply with all applicable laws, ordinances, requirements, orders, directions, rules and regulations of the federal, state, county and municipal governments and of all other governmental authorities having or claiming jurisdiction of or over the Premises and of all their respective departments, bureaus and offices, and with the requirements and regulations, if any, of such public utilities, of the insurance underwriting board or insurance inspection bureau having or claiming jurisdiction, or any other body exercising similar functions, and of all insurance companies then writing policies covering the Premises or any part thereof. (ivc) Tenant represents and warrants to Landlord that all such alterations construction work will be performed in a good and workmanlike manner, manner and in accordance with the plans and specifications therefore, the terms, provisions and conditions of this Lease, the plans and specifications or itemization thereof approved by Landlord Lease and all governmental requirements. (vd) Landlord shall have the right to inspect any such construction work on prior notice at all times during normal working hours accompanied by an authorized Tenant representative and to maintain at the Premises for that purpose (at its own expense) such inspector(s) as it may deem necessary so long as such inspections do not interfere with Tenant’s 's work (but Landlord shall not thereby assume any responsibility for the proper completion performance of the alterations work in accordance with the terms of this Lease, nor any liability arising from the improper performance thereof). (vie) All such alterations work shall be performed at Tenant’s 's cost and expense and free of any expense to Landlord and free of any liens on Landlord’s title to 's fee simple interest on or Tenant’s 's leasehold interest in the Premises. (viif) Upon substantial completion of any such alterations work Tenant shall procure a certificate of occupancy or other written approvaloccupancy, if available and if requiredapplicable, from the appropriate governmental authorities verifying the substantial completion thereof and shall provide a copy of same to Landlordthereof. (viiig) Tenant shall, and hereby agrees to, indemnify and save and hold Landlord harmless from and against and reimburse Landlord for any and all loss, damage, cost cost, liability, fee and expense (including, without limitation, reasonable attorneys’ feesattorney's fees based upon service rendered at hourly rates) incurred by or asserted against Landlord which is occasioned by or results, directly or indirectly, from any construction or renovation activities conducted upon the Premises by or at the direction of TenantPremises; whether or not the same is caused by or is the fault of Tenant or any contractor, subcontractor, laborer, supplier, materialman or any other third party. (e) Upon expiration of or termination of the Term, Tenant shall not be required to remove any alterations or renovations made to the Improvements by Tenant. Landlord represents and warrants that Tenant shall have no obligation to remove any Improvements made to the Premises prior to the Effective Date hereof.

Permitted Renovations. Landlord acknowledges that certain minor, non-structural alterations and renovations may be undertaken by Tenant at Tenant's expense (aand not out of the Reserve) from time to time which Tenant shall may be entitled and obligated under the Management Agreement to undertake all alterations perform, or to the Premises required by any applicable law or ordinance. comply with Wyndham Standards (b) a "Minor Alteration"). Landlord hereby agrees that Tenant shall be entitled to undertake non-structural alterations, renovations perform such Minor Alteration on or modifications to about the Premises which cost no more than Two Hundred Thousand Dollars ($200,000) per year without Landlord’s prior consent. (c) Tenant shall not be entitled to undertake any structural alterations, renovations or modifications (collectively, “Structural Work”) to the Premises without Landlord’s prior written consentLeased Improvements; provided, however, Landlord’s prior consent that the cost of the same shall not be required for exceed $5,000.00 and the same shall not weaken or impair the structural repairs strength or replacements integrity of existing structural elements (e.g. replacing roofthe Leased Improvements, nor, materially alter the exterior design or appearance or the interior design or appearance of the lobby, materially impair the use of any of the service facilities located in, or fundamentally affect the character or suitability of, the roof membrane roof coveringLeased Improvements for hotel purposes or materially lessen or impair their value, exterior wallsand provided further, structural support beams); provided further however that Tenant shall give Landlord written notice before causing such structural repairs or replacements to be performed and shall also comply with the provisions of Section 9.2 below. Prior to performing any Structural Work, Tenant shall request Landlord’s consent, which consent shall be given or withheld within [thirty (30)] days of Tenant’s request. Landlord’s consent shall not be unreasonably withheld or delayed, but may be conditioned upon Tenant’s full compliance with the requirements of Section 9.2 below. Landlord may retain expert consultants in connection with any such permitted renovation, the review of any proposed Structural Work, and the reasonable cost thereof following conditions shall be reimbursed by Tenant. Structural Work shall also include system wide repairs or replacements met, to the mechanical systems and exterior elevations. (d) When performing any alterations or renovations to the Improvements, Tenant shall comply with all of the following requirementswit: (i) No such alterations shall be undertaken by Tenant which materially and adversely affect the value of the Premises or without Landlord’s consent, materially decrease the square footage of the Improvements. (iia) Before the commencement of any such alterationswork, Tenant or its agents shall furnish to Landlord either plans and specifications therefor depicting the scope of the Alterations or a reasonable detailed itemization thereofthereof prepared by a licensed architect approved by Landlord or other design professional, of Tenant or Wyndham, appropriate under the circumstances and approved by Landlord and Tenant shall be furnished to Landlord for its review and approval, which approval will not be unreasonably withheld or delayed. Such approval shall not constitute Landlord's agreement that the plans and specification are in compliance with Applicable Laws or an assumption by Landlord of any liability in connection with the renovation work contemplated thereby. (iiib) Before the commencement of any such alterationsMinor Alteration, (or any work funded by Reserve Expenditures, or Major Capital Expenditures), Tenant shall obtain the approval thereof by all governmental departments or authorities Governmental Agencies having or claiming jurisdiction of or over the Premises, if required by such departments or authoritiesLeased Property, and with any public utility companies having an interest therein, if required by such utility companies. In connection with any such workMinor Alteration (or any work funded by Reserve Expenditures or Major Capital Expenditures), Tenant shall comply with all applicable lawsLegal Requirements and Applicable Laws, ordinances, requirements, orders, directions, rules and regulations of the federal, state, county and municipal governments and of all other governmental authorities Governmental Agencies having or claiming jurisdiction of or over the Premises Leased Property and of all their respective departments, bureaus and offices, and with the requirements and regulations, if any, of such public utilities, of or the insurance underwriting board or insurance inspection bureau having or claiming jurisdiction, or any other body exercising similar functions, and of all insurance companies then writing policies covering the Premises Leased Property or any part thereof. (ivc) Tenant represents Each Minor Alteration (and warrants to Landlord that all such alterations work funded by Reserve Expenditures and Major Capital Expenditures) will be performed in a good and workmanlike manner, manner and in accordance with the plans and specifications therefor approved by Landlord, the terms, provisions and conditions of this Lease, the plans and specifications or itemization thereof approved by Landlord Agreement and all governmental requirementsApplicable Laws. (vd) Landlord shall have the right to inspect any such Minor Alteration (and all work on prior notice funded by Reserve Expenditures and Major Capital Expenditures) at all times during normal working hours accompanied by an authorized Tenant representative and to maintain at the Premises Leased Property for that purpose (at its own expense) such inspector(s) as it may deem necessary so long as such inspections do not unreasonably interfere with Tenant’s 's work (but Landlord shall not thereby assume any responsibility for the proper completion performance of the alterations work in accordance with the terms of this LeaseAgreement, nor any liability arising from the improper performance thereof). (vie) All Each such alterations Minor Alteration (and all work funded by Reserve Expenditures and Major Capital Expenditures) shall be performed at Tenant’s cost and expense and free of any expense to Landlord and free of any liens on Landlord’s title to 's fee simple interest in, or Tenant’s 's leasehold interest in in, the PremisesLeased Property, except for liens resulting from Landlord's failure to fund a Major Capital Expenditure. (viif) Upon substantial completion of any such alterations Minor Alteration (and all work funded by Reserve Expenditures and Major Capital Expenditures), Tenant shall procure a certificate of occupancy or other written approvaloccupancy, if available and if requiredapplicable, from the appropriate governmental authorities or otherwise verifying the substantial completion thereof and shall provide a copy of same to Landlordthereof. (viiig) No Minor Alteration or other alteration approved under Section 6.1 hereof shall be made which would tie in or connect any portion of the Leased Improvements with any other improvements on property adjacent to the Leased Property, except as may be required by the Permitted Encumbrances. In addition, Tenant shall not finance and shall direct Manager not to finance the cost of any Minor Alteration or other alteration contemplated and approved under Section 6.1 hereof by the granting of a lien on or security interest in the Leased Property or Tenant's interest therein without the prior written consent of Landlord, which consent may be withheld by Landlord in Landlord's sole discretion. (h) Tenant shall, and hereby agrees to, indemnify and save and hold Landlord and each Affiliated Person of Landlord harmless from and against and reimburse Landlord for any and all loss, damage, cost cost, liability, fee and expense (including, without limitation, reasonable attorneys’ feesattorney's fees based upon services rendered at hourly rates) incurred by or asserted against Landlord which is occasioned by or results, directly or indirectly, from any construction or renovation activities conducted upon the Premises by or at the direction of Tenant; Leased Property, whether or not the same is caused by by, or is the fault of Tenant or any agent, employee, Manager, contractor, subcontractor, laborer, supplier, materialman or any other third party. (e) Upon expiration of or termination of the Term, ; but Tenant shall not be obligated to indemnify Landlord from any loss as aforesaid caused by Landlord's gross negligence or willful misconduct or failure to fund any Reserve Expenditure included within an Approved Reserve Estimate or any Major Capital Expenditure as required to remove any alterations or renovations made to the Improvements by Tenant. Landlord represents and warrants that Tenant shall have no obligation to remove any Improvements made to the Premises prior to the Effective Date hereofin this Agreement.

Permitted Renovations. (a) Tenant shall will be entitled and obligated to undertake all alterations to the Premises required by any applicable law or ordinanceordinance including, without limitation, any alterations required by any Accessibility Laws, and, in such event, Tenant must comply with the provisions below. (b) Tenant shall will be entitled to undertake non-structural nonstructural alterations, renovations or modifications to the Premises which cost no more than Two Hundred Thousand Dollars ($200,000) per year without only with Landlord’s prior consent. (c) Tenant shall will not be entitled to undertake any structural alterations, renovations or modifications (collectively, “Structural Work”) to the Premises without Landlord’s prior written consent; provided. However, however, LandlordXxxxxxxx’s prior consent shall will not be required for structural repairs or replacements of existing structural elements (e.g. replacing roof, the roof membrane roof covering, exterior walls, structural support beams); provided further however that . Tenant shall must give Landlord written notice before causing such structural repairs or replacements to be performed and shall must also comply with the provisions of Section 9.2 below. Prior to performing any Structural Work, Tenant shall must request Landlord’s consent, which consent shall must be given or withheld within [thirty ten (30)] 10) days of Tenant’s request. LandlordXxxxxxxx’s consent shall must not be unreasonably withheld or delayedwithheld, but may be conditioned upon on Tenant’s full compliance with the requirements of Section 9.2 subsection 9.2(d) below. Landlord may retain expert consultants in connection with the review of any proposed Structural Work, and the reasonable cost thereof shall be reimbursed by Tenant. Structural Work shall also include system wide repairs or replacements to the mechanical systems and exterior elevations. (d) When performing any alterations or renovations to the Improvements, Tenant shall must comply with all of the following requirements: (i) No such alterations shall must be undertaken by Tenant which materially and adversely affect the value of the Premises or without Landlord’s consent, materially decrease the square footage of the Improvements. (ii) Before the commencement of any such alterations, Tenant or its agents shall must furnish to Landlord either plans and specifications therefor depicting the scope of the Alterations or a reasonable detailed itemization thereofthereof to Landlord. (iii) Before the commencement of any such alterations, Tenant shall must obtain the approval thereof by all governmental departments or authorities having or claiming jurisdiction of or over the Premises, if required by such departments or authorities, and with any public utility companies having an interest therein, if required by such utility companies. In any such work, Tenant shall must comply with all applicable laws, ordinances, requirements, orders, directions, rules and regulations of the federal, state, county and municipal governments and of all other governmental authorities having or claiming jurisdiction of or over the Premises and of all their respective departments, bureaus and offices, and with the requirements and regulations, if any, of such public utilities, of the insurance underwriting board or insurance inspection bureau having or claiming jurisdiction, or any other body exercising similar functions, and of all insurance companies then writing policies covering the Premises or any part thereof. (iv) Tenant represents and warrants to Landlord that all such alterations will be performed in a good and workmanlike manner, in accordance with the terms, provisions and conditions of this Lease, the plans and specifications or itemization thereof approved by Landlord and all governmental requirements. (v) Landlord shall will have the right to inspect any such work on prior notice at all times during normal working hours accompanied by an authorized Tenant representative and to maintain at the Premises for that purpose (at its own expense) such inspector(s) as it may deem necessary so long as such the inspections do not interfere with TenantXxxxxx’s work (but Landlord shall will not thereby assume any responsibility for the proper completion of the alterations in accordance with the terms of this Lease, nor any liability arising from the improper performance thereof). (vi) All such alterations shall will be performed at Tenant’s cost and expense and free of any expense to Landlord and free of any liens on Landlord’s title to or Tenant’s 12 leasehold interest in the Premises. (vii) Upon On substantial completion of any such alterations Tenant shall must procure a certificate of occupancy or other written approval, if available and if required, from the appropriate governmental authorities verifying the substantial completion thereof and shall provide a copy of same to Landlord. (viii) Tenant shallmust, and hereby agrees to, indemnify and save and hold Landlord harmless from and against and reimburse Landlord for any and all loss, damage, cost and expense (including, without limitation, reasonable attorneys’ fees) incurred by or asserted against Landlord which is occasioned by or results, directly or indirectly, from any construction or renovation activities conducted upon on the Premises by or at the direction of TenantPremises; whether or not the same is caused by or is the fault of Tenant or any contractor, subcontractor, laborer, supplier, materialman or any other third third-party. (e) Upon On expiration of or termination of the Termlease term, Tenant shall will not be required to remove any alterations or renovations made to the Improvements by Tenant, unless at the time Landlord gave its consent to the alterations, Landlord conditioned its consent on the removal of the alterations on lease expiration or termination. Landlord represents and warrants that Tenant shall will have no obligation to remove any Improvements made to the Premises prior to the Effective Date hereofof this Lease.

Permitted Renovations. (a) Tenant shall will be entitled and obligated to undertake all alterations to the Premises required by any applicable law or ordinanceordinance including, without limitation, any alterations required by any Accessibility Laws, and, in such event, Tenant must comply with the provisions below. (b) Tenant shall will be entitled to undertake non-structural nonstructural alterations, renovations or modifications to the Premises which cost no more than Two Hundred Thousand Dollars ($200,000) per year without only with Landlord’s prior consent. (c) Tenant shall will not be entitled to undertake any structural alterations, renovations or modifications (collectively, “Structural Work”) to the Premises without Landlord’s prior written consent; provided. However, however, LandlordXxxxxxxx’s prior consent shall will not be required for structural repairs or replacements of existing structural elements (e.g. replacing roof, the roof membrane roof covering, exterior walls, structural support beams); provided further however that . Tenant shall must give Landlord written notice before causing such structural repairs or replacements to be performed and shall must also comply with the provisions of Section 9.2 below. Prior to performing any Structural Work, Tenant shall Xxxxxx must request Landlord’s consent, which consent shall must be given or withheld within [thirty ten (30)] 10) days of Tenant’s request. LandlordXxxxxxxx’s consent shall must not be unreasonably withheld or delayedwithheld, but may be conditioned upon on Tenant’s full compliance with the requirements of Section 9.2 subsection 9.2(d) below. Landlord may retain expert consultants in connection with the review of any proposed Structural Work, and the reasonable cost thereof shall be reimbursed by Tenant. Structural Work shall also include system wide repairs or replacements to the mechanical systems and exterior elevations. (d) When performing any alterations or renovations to the Improvements, Tenant shall must comply with all of the following requirements: (i) No such alterations shall must be undertaken by Tenant which materially and adversely affect the value of the Premises or without Landlord’s consent, materially decrease the square footage of the Improvements. (ii) Before the commencement of any such alterations, Tenant or its agents shall must furnish to Landlord either plans and specifications therefor depicting the scope of the Alterations or a reasonable detailed itemization thereofthereof to Landlord. (iii) Before the commencement of any such alterations, Tenant shall must obtain the approval thereof by all governmental departments or authorities having or claiming jurisdiction of or over the Premises, if required by such departments or authorities, and with any public utility companies having an interest therein, if required by such utility companies. In any such work, Tenant shall must comply with all applicable laws, ordinances, requirements, orders, directions, rules and regulations of the federal, state, county and municipal governments and of all other governmental authorities having or claiming jurisdiction of or over the Premises and of all their respective departments, bureaus and offices, and with the requirements and regulations, if any, of such public utilities, of the insurance underwriting board or insurance inspection bureau having or claiming jurisdiction, or any other body exercising similar functions, and of all insurance companies then writing policies covering the Premises or any part thereof. (iv) Tenant represents and warrants to Landlord that all such alterations will be performed in a good and workmanlike manner, in accordance with the terms, provisions and conditions of this Lease, the plans and specifications or itemization thereof approved by Landlord and all governmental requirements. (v) Landlord shall will have the right to inspect any such work on prior notice at all times during normal working hours accompanied by an authorized Tenant representative and to maintain at the Premises for that purpose (at its own expense) such inspector(s) as it may deem necessary so long as such the inspections do not interfere with TenantXxxxxx’s work (but Landlord shall will not thereby assume any responsibility for the proper completion of the alterations in accordance with the terms of this Lease, nor any liability arising from the improper performance thereof). (vi) All such alterations shall will be performed at Tenant’s cost and expense and free of any expense to Landlord and free of any liens on Landlord’s title to or Tenant’s leasehold interest in the Premises. (vii) Upon On substantial completion of any such alterations Tenant shall must procure a certificate of occupancy or other written approval, if available and if required, from the appropriate governmental authorities verifying the substantial completion thereof and shall provide a copy of same to Landlord. (viii) Tenant shallmust, and hereby agrees to, indemnify and save and hold Landlord harmless from and against and reimburse Landlord for any and all loss, damage, cost and expense (including, without limitation, reasonable attorneys’ fees) incurred by or asserted against Landlord which is occasioned by or results, directly or indirectly, from any construction or renovation activities conducted upon on the Premises by or at the direction of TenantPremises; whether or not the same is caused by or is the fault of Tenant or any contractor, subcontractor, laborer, supplier, materialman or any other third third-party. (e) Upon On expiration of or termination of the Termlease term, Tenant shall will not be required to remove any alterations or renovations made to the Improvements by Tenant, unless at the time Landlord gave its consent to the alterations, Landlord conditioned its consent on the removal of the alterations on lease expiration or termination. Landlord represents and warrants that Tenant shall will have no obligation to remove any Improvements made to the Premises prior to the Effective Date hereofof this Lease.