Common use of Prohibited Alterations Clause in Contracts

Prohibited Alterations. Tenant shall not make any alterations, improvements or additions to the Premises, without obtaining Landlord’s prior written consent, except tenant may make non-structural alterations to the interior of the Premises (excluding the roof) without such consent but upon notice to Landlord, as long as they are not visible from the outside, and the cost thereof does not exceed $1,000,000 per occurrence or an aggregate amount of $3,000,000 in any 12-month period. Notwithstanding the foregoing, Tenant will not do anything that could have a material adverse effect on the Building or life safety systems, without obtaining Landlord’s prior written consent. For the avoidance of doubt, for purposes of this Section 6.1, a material adverse effect on the Building shall not include a material adverse effect on the marketability of the Building. Any such improvements, excepting movable furniture, trade fixtures and equipment, shall become part of the realty and belong to Landlord. All alterations and improvements shall be properly permitted and installed at Tenant’s sole cost, by a licensed contractor, in a good and workmanlike manner, and in conformity with the laws of all applicable duly constituted public authorities. Any alterations that Tenant shall desire to make and which require the consent of Landlord shall be presented to Landlord in written form with detailed plans. Tenant shall: (i) acquire all applicable governmental permits; (ii) furnish Landlord with copies of both the permits and the plans and specifications before the commencement of the work, and (iii) comply with all conditions of said permits in a prompt and expeditious manner. Any alterations shall be performed in a workmanlike manner with good and sufficient materials. Tenant shall promptly upon completion furnish Landlord with as-built plans and specifications. Tenant also shall have the right to replace Other Property that is outdated or broken with properly functioning equivalents.

Prohibited Alterations. Tenant shall not make any alterations, improvements or additions to the Premises, except for non-structural alterations not exceeding $100,000 per occurrence or an aggregate amount of $250,000 in any 12-month period, without obtaining Landlord’s prior written consent, except tenant may make non-structural alterations to the interior of the Premises (excluding the roof) without such which consent but upon notice to Landlord, as long as they are shall not visible from the outside, and the cost thereof does not exceed $1,000,000 per occurrence or an aggregate amount of $3,000,000 in any 12-month periodunreasonably be withheld. Notwithstanding the foregoing, Tenant will shall not do anything make any alterations that could have affect the structural elements of the Premises or require a material adverse effect on the Building construction or life safety systems, building permit without obtaining Landlord’s prior written consent. For the avoidance of doubt, for purposes of this Section 6.1, a material adverse effect on the Building shall not include a material adverse effect on the marketability of the Buildingwhich consent may be granted or withheld in Landlord’s sole and absolute discretion. Any such improvements, excepting movable furniture, furniture and trade fixtures and equipmentfixtures, shall become part of the realty and belong to Landlord. All alterations and improvements shall be properly permitted and installed at Tenant’s sole cost, by a licensed contractor, in a good and workmanlike manner, and in conformity with the laws of all applicable duly constituted public authorities. Each such licensed contractor and any subcontractor that performs work with a cost greater than $50,000, shall be acceptable to Landlord in its reasonable discretion. Any alterations alternations that Tenant shall desire to make and which require the consent of Landlord shall be presented to Landlord in written form with detailed plans. Tenant shall: (i) acquire all applicable governmental permits; (ii) furnish Landlord with copies of both the permits and the plans and specifications before the commencement of the work, and (iii) comply with all conditions of said permits in a prompt and expeditious manner. Any alterations shall be performed in a workmanlike manner with good and sufficient materials. Tenant shall promptly upon completion furnish Landlord with as-built plans and specifications. Tenant also shall have the right to replace Other Property that is outdated or broken with properly functioning equivalents.

Prohibited Alterations. Except for the Improvements specifically contemplated to be constructed pursuant to the Work Letter Agreement attached hereto as Exhibit D, Tenant shall not make any alterations, improvements or additions to the PremisesProperty, without obtaining Landlord’s 's prior written consent, except tenant Tenant may make non-structural alterations to the interior of the Premises (excluding the roof) without such consent but upon notice to Landlord, as long as they are not visible from the outside, do not involve puncturing, relocating or removing the roof or any existing walls, will not affect the electrical, plumbing, HVAC, and/or life safety systems, and the cost thereof does not exceed $1,000,000 50,000 per occurrence occurance or an aggregate amount of $3,000,000 250,000 in any 12-month period. Landlord shall not unreasonably withhold such consent; provided, however, in the event such alterations affect the structure of the Premises or the electrical, plumbing, HVAC and/or life safety systems of the Premises (collectively, the "Building Systems"), or may be otherwise visible from the outside of the Premises, Landlord's consent may be granted or withheld in Landlord's sole and absolute discretion. Notwithstanding the foregoing, Tenant will Landlord's consent shall not do anything that could have a material adverse effect on be unreasonably withheld with regard to any proposed alterations affecting the Building or life safety systems, without obtaining Landlord’s prior written consent. For Systems within Tenant's cGMP suite to the avoidance of doubt, extent such alterations are required to operate such cGMP suite for purposes of this Section 6.1, a material adverse effect on the Building shall not include a material adverse effect on the marketability of the BuildingTenant's proposed use. Any such improvements, excepting movable furniturefurniture and trade fixtures (as that term is limited in Section 6.3, below) but including, without limitation, any non-trade fixtures and equipmentTenant Funded Improvements (defined below), shall become part of the realty and belong to Landlord upon the expiration of the Term unless Landlord notifies Tenant at least thirty (30) days prior to the expiration of the Term that Tenant must remove such improvements. If Landlord notifies Tenant of such requirement, Tenant shall cause all such improvements to be removed prior to the expiration of the Term and shall repair any and all damage caused to the Premises resulting from such removal and otherwise surrender the Premises in the condition required under Section 7.1 at Tenant's sole cost and expense. If Tenant fails to repair any such damage prior to the expiration of the Term, Landlord may, but shall not be obligated to, perform such repairs on Tenant's behalf, in which case, Tenant shall reimburse Landlord for all costs incurred by Landlord within five (5) days after receipt of written demand from Landlord. All alterations and improvements shall be properly permitted and installed at Tenant’s 's sole cost, by a licensed contractor, in a good and workmanlike manner, and in conformity with the laws of all applicable duly constituted public authorities. Each such licensed contractor and any subcontractor that performs work with a cost greater than $50,000 or that will affect the electrical, plumbing, HVAC and/or life safety systems of the Premises, shall be acceptable to Landlord in its reasonable discretion. All contractors or subcontractors performing work at the Premises shall maintain the insurance required under Lease Rider No. 1 and shall provide Landlord with copies of insurance certificates or other evidence reasonably acceptable to Landlord evidencing the existence of such insurance coverage. Any alterations that Tenant shall desire to make and which require the consent of Landlord shall be presented to Landlord in written form with detailed plans, which plans shall be subject to Landlord's reasonable approval. Tenant shall: (i) acquire all applicable governmental permits; (ii) furnish Landlord with copies of both the permits and the plans and specifications before the commencement of the work, and (iii) comply with all conditions of said permits in a prompt and expeditious manner. Any alterations shall be performed in a workmanlike manner with good and sufficient materials. Tenant shall promptly upon completion furnish Landlord with as-built plans and specifications. Tenant also , provided that Landlord shall have treat such as-built plans and specifications as confidential and shall inform all parties to whom Landlord may provide copies thereof of the right to replace Other Property that is outdated or broken with properly functioning equivalentsconfidential nature of such documents.

Prohibited Alterations. Prior to the Term Commencement Date, Tenant shall not make any alterations, improvements or additions to the Premises. Following the Term Commencement Date, Tenant shall not make any alterations, improvements or additions to the Premises, without obtaining Landlord’s prior written consent, except tenant may make for non-structural alterations to which do not impair the interior value of the Premises (excluding the roof) without such consent but upon notice to Landlord, as long as they are not visible from the outsidePremises, and the cost thereof does which do not exceed $1,000,000 per occurrence or an aggregate amount of $3,000,000 2,500,000 in any 12-month period. Notwithstanding the foregoing, Tenant will not do anything that could have a material adverse effect on the Building or life safety systems, without obtaining Landlord’s prior written consent. For the avoidance of doubt, for purposes of this Section 6.1, a material adverse effect on the Building which consent shall not include a material adverse effect on unreasonably be withheld, conditioned or delayed. Notwithstanding the marketability foregoing, Tenant shall not make any alterations that affect the structural elements of the BuildingPremises or require a construction or building permit without Landlord’s prior written consent, which consent may be granted or withheld in Landlord’s sole and absolute discretion. Any such improvements, excepting movable furniture, trade fixtures and equipment, improvements shall become part of the realty constituting the Premises and shall belong to Landlord, except to the extent specifically provided otherwise in Article 13. All Tenant shall cause all alterations and improvements shall to be properly permitted and installed at Tenant’s sole cost, by a licensed contractor, in a good and workmanlike manner, and in conformity with the laws of all applicable duly constituted public authoritiesApplicable Laws. Each such licensed contractor and any subcontractor that performs work with a cost greater than $500,000, shall be subject to Landlord’s approval, which approval shall not be unreasonably withheld, conditioned or delayed. Any such alterations that Tenant shall desire to make and which require the consent of Landlord shall be presented to Landlord in written form with detailed plans. Tenant shall: (i) acquire all applicable governmental permits; , (ii) furnish Landlord with copies of both the permits and the plans and specifications before the commencement of the work, and (iii) comply with all conditions of said permits in a prompt and expeditious manner. Any alterations shall be performed in a workmanlike manner with good and sufficient materials, and in accordance with Landlord approved plans and specifications. Tenant shall shall, promptly upon completion of such alterations, furnish Landlord with as-built plans and specifications. During the course of construction of, and following completion of, any such alterations, improvements or additions to the Premises, Tenant also shall have provide to Landlord conditional and unconditional lien waivers (as appropriate, but in any event, including at least monthly during the right course of construction unconditional waivers upon progress payments dated no sooner than the first day of the immediately preceding month from each contractor, and each subcontractor of any tier that (a) has performed any work, provided any supplies, materials or equipment or provided a preliminary notice and (b) has not provided an unconditional waiver upon final payment) in California statutory form from all parties providing work, services or materials with regard to replace Other Property that is outdated or broken with properly functioning equivalentsthe same. For purposes of clarification, this Section 6.1 does not apply to the original construction of the Building Improvements.