Common use of Remodeling Clause in Contracts

Remodeling. Tenant shall not do the following: (Check all that apply) ☐ Paint, decorate, or in any way change the exterior (or the appearance) of the Demised Premises without prior written consent of Landlord. ☐ Remodel, make additions, alterations or structural changes to the interior of the Demised Premises without prior written consent of Landlord, which consent will not be unreasonably withheld; however, the Tenant is permitted to paint and decorate the interior of the Demised Premises without prior consent of Landlord. ☐ Enter upon the roof or install or place any equipment, lines, wires, displays, advertising or anything else whatsoever thereon without the prior written consent of Landlord, which consent may be denied, conditioned or withheld at Landlord’s sole discretion. D) No Liens Permitted. No person shall ever be entitled to any lien, directly or indirectly, derived through or under Tenant, or through or under any act or omission of Tenant, upon the Demised Premises, or any improvements now or hereafter situated thereon, or upon any insurance policies taken out upon the Demised Premises, or the proceeds thereof, for or on account of any labor or materials furnished to the Demised Premises, or for or on account of any matter or thing whatsoever; and nothing in this Agreement contained shall be construed to constitute a consent by Landlord to the creation of any lien. In the event that any such lien shall be filed, Tenant shall cause such lien to be released within days after actual notice of the filing thereof, or shall within such time certify to Landlord that Tenant has a valid defense to such claim and such lien and furnish to Landlord a bond, satisfactory to Landlord, indemnifying Landlord against the foreclosure of such lien. In addition to any other remedy herein granted, upon failure of Tenant to discharge such lien or to post a bond indemnifying Landlord against foreclosure of any such lien as above provided, Landlord, after notice to Tenant, may discharge such lien, and all expenditures and costs incurred thereby, with interest thereon, shall be payable as further Rent hereunder at the next Rent payment date. Insurance and Indemnification. With respect to insurance and indemnification: A) Tenant’s Public Liability and Property Damage Insurance. Tenant shall purchase and maintain public liability and property damage insurance insuring against loss, cost and expense by reason of injury to or the death of persons or damage to or the destruction of property arising out of or in connection with the occupancy or use by Tenant, its employees, agents and assigns, of the Demised Premises and/or the Common Area, such insurance (☐ to include Landlord as an additional Insured, to be carried with an insurer and) to have: (Check one) ☐ A minimum aggregate policy in the amount of no less than $ ☐ Limits of liability of not less than $ per occurrence on a combined single limit basis and a deductible no greater than $ . B) Certificate of Insurance. Tenant shall furnish to Landlord a certificate of insurance evidencing such coverage which provides that such policies may not be canceled on less than days prior written notice to Landlord. Should Tenant fail to carry the insurance required herein and furnish Landlord with the policies or certificates of insurance after a request to do so, Landlord shall have the right to obtain such insurance and collect the cost thereof from Tenant as additional Rent. C)

Remodeling. Tenant shall not do have the following: (Check all that apply) ☐ Paintright at its expense ------------ ---------- to remodel, decorate, or make additions and make alterations in any way change the exterior (or the appearance) of the Demised Premises without prior written consent of Landlord. ☐ Remodel, make additions, alterations or structural changes to the interior of the Demised Premises without prior written consent of Landlord, which consent will not be unreasonably withheld; however, the Tenant is permitted to paint and decorate the interior of the Demised Premises without prior consent of Landlord. ☐ Enter upon the roof or install or place any equipment, lines, wires, displays, advertising or anything else whatsoever thereon without the prior written consent of Landlord, which consent may be denied, conditioned or withheld at Landlord’s sole discretion. D) No Liens Permitted. No person shall ever be entitled to any lien, directly or indirectly, derived through or under Tenant, or through or under any act or omission of Tenant, upon the Demised Premises, or any improvements now or hereafter situated thereon, or upon any insurance policies taken out upon the Demised Premises, or the proceeds thereof, for or on account of any labor or materials furnished to the Demised Premises, or for or on account of any matter or thing whatsoever; and nothing in this Agreement contained shall be construed to constitute a consent by Landlord to the creation of any lien. In the event that any such lien shall be filed, provided Tenant shall cause such lien to be released within days after actual notice not alter the roof, outside walls or structural matters without the prior written consent of the filing thereof, or shall within such time certify to Landlord that Tenant has a valid defense to such claim and such lien and furnish to Landlord a bond, satisfactory to Landlord, indemnifying Landlord against the foreclosure of such lien. In addition to any other remedy herein granted, upon failure of Tenant to discharge such lien or to post a bond indemnifying Landlord against foreclosure of any such lien as above provided, Landlord, after notice to Tenant, may discharge such lien, and all expenditures and costs incurred thereby, with interest thereon, shall be payable as further Rent hereunder at the next Rent payment date. Insurance and Indemnification. With respect to insurance and indemnification: A) Tenant’s Public Liability and Property Damage Insurance. Tenant shall purchase and maintain public liability and property damage insurance insuring against losshave the right, cost and expense by reason of injury to or the death of persons or damage to or the destruction of property arising out of or in connection with the occupancy or use by at Tenant, its employees, agents and assigns, of the Demised Premises and/or the Common Area, such insurance (☐ to include Landlord as an additional Insured's cost, to install any trade fixtures, partitions, equipment or other changes that it may find necessary to the conduct of Tenant's business. All such work as described in this Section 8.03 shall be carried with an insurer and) to have: (Check one) ☐ A minimum aggregate policy in the amount performed by or on behalf of no less than $ ☐ Limits of liability of Landlord, at Tenant's sole cost. Landlord shall not less than $ per occurrence on a combined single limit basis and a deductible no greater than $ . B) Certificate of Insurancecharge any mark-up or fee for its services. Tenant shall furnish to Landlord a certificate of insurance evidencing such coverage which provides that such policies may not be canceled on less than days prior written notice to Landlord. Should Tenant fail to carry the insurance required herein and furnish Landlord with the policies or certificates of insurance after a request to do so, Landlord shall have the right to obtain approvx xxl costs to be charged by Landlord in connection with such insurance work. Tenant shall supply plans and collect specifications for such work to Landlord, who shall have the right to approve such plans and specifications, which January 26, 1995 (Live Engine/Cold Room) approval shall not be unreasonably withheld. In the event Landlord fails to timely commence such work or timely approve the plans and specifications, or if the costs proposed by Landlord are unacceptable to Tenant, Tenant may perform, or have performed, such work. All such alterations, changes, partitions and installations of trade fixtures and equipment shall be at the cost thereof of Tenant, and Tenant hereby agrees to indemnify and save harmless Landlord from any and all costs or expenses, including reasonable attorneys' fees, that Landlord may incur by reason of any claim for labor performed or material furnished that may arise by reason of the installation of any fixtures or equipment or the installation of partitions by Tenant as additional Rentherein provided or alterations or remodeling or any work of any kind. C)Any and all trade fixtures and equipment installed by or on behalf of Tenant may be removed by it at the termination of this Lease, provided that Tenant shall not be in default in the performance of any of Tenant's obligations hereunder, and provided that Tenant shall repair any and all damage caused to the Demised Premises by the removal of any such trade fixtures and equipment, other than normal wear and tear. Trade fixtures or other property of Tenant not removed within fifteen (15) days after termination of the Lease shall become the property of the Landlord.

Remodeling. Tenant shall not do have the following: (Check all that apply) ☐ Paintright at its expense ------------ ---------- to remodel, decorate, or make additions and make alterations in any way change the exterior (or the appearance) of the Demised Premises without prior written consent of Landlord. ☐ Remodel, make additions, alterations or structural changes to the interior of the Demised Premises without prior written consent of Landlord, which consent will not be unreasonably withheld; however, the Tenant is permitted to paint and decorate the interior of the Demised Premises without prior consent of Landlord. ☐ Enter upon the roof or install or place any equipment, lines, wires, displays, advertising or anything else whatsoever thereon without the prior written consent of Landlord, which consent may be denied, conditioned or withheld at Landlord’s sole discretion. D) No Liens Permitted. No person shall ever be entitled to any lien, directly or indirectly, derived through or under Tenant, or through or under any act or omission of Tenant, upon the Demised Premises, or any improvements now or hereafter situated thereon, or upon any insurance policies taken out upon the Demised Premises, or the proceeds thereof, for or on account of any labor or materials furnished to the Demised Premises, or for or on account of any matter or thing whatsoever; and nothing in this Agreement contained shall be construed to constitute a consent by Landlord to the creation of any lien. In the event that any such lien shall be filed, provided Tenant shall cause such lien to be released within days after actual notice not alter the roof, outside walls or structural matters without the prior written consent of the filing thereof, or shall within such time certify to Landlord that Tenant has a valid defense to such claim and such lien and furnish to Landlord a bond, satisfactory to Landlord, indemnifying Landlord against the foreclosure of such lien. In addition to any other remedy herein granted, upon failure of Tenant to discharge such lien or to post a bond indemnifying Landlord against foreclosure of any such lien as above provided, Landlord, after notice to Tenant, may discharge such lien, and all expenditures and costs incurred thereby, with interest thereon, shall be payable as further Rent hereunder at the next Rent payment date. Insurance and Indemnification. With respect to insurance and indemnification: A) Tenant’s Public Liability and Property Damage Insurance. Tenant shall purchase and maintain public liability and property damage insurance insuring against losshave the right, cost and expense by reason of injury to or the death of persons or damage to or the destruction of property arising out of or in connection with the occupancy or use by at Tenant, its employees, agents and assigns, of the Demised Premises and/or the Common Area, such insurance (☐ to include Landlord as an additional Insured's cost, to install any trade fixtures, partitions, equipment or other changes that it may find necessary to the conduct of Tenant's business. All such work as described in this Section 8.03 shall be carried with an insurer and) to have: (Check one) ☐ A minimum aggregate policy in the amount performed by or on behalf of no less than $ ☐ Limits of liability of Landlord, at Tenant's sole cost. Landlord shall not less than $ per occurrence on a combined single limit basis and a deductible no greater than $ . B) Certificate of Insurancecharge any xxxx-up or fee for its services. Tenant shall furnish to Landlord a certificate of insurance evidencing such coverage which provides that such policies may not be canceled on less than days prior written notice to Landlord. Should Tenant fail to carry the insurance required herein and furnish Landlord with the policies or certificates of insurance after a request to do so, Landlord shall have the right to obtain approve all costs to be charged by Landlord in connection with such insurance work. Tenant shall supply plans and collect specifications for such work to Landlord, who shall have the right to approve such plans and specifications, which August 7, 1995 (American Way Manufacturing Center) approval shall not be unreasonably withheld. In the event Landlord fails to timely commence such work or timely approve the plans and specifications, or if the costs proposed by Landlord are unacceptable to Tenant, Tenant may perform, or have performed, such work. All such alterations, changes, partitions and installations of trade fixtures and equipment shall be at the cost thereof of Tenant, and Tenant hereby agrees to indemnify and save harmless Landlord from any and all costs or expenses, including reasonable attorneys' fees, that Landlord may incur by reason of any claim for labor performed or material furnished that may arise by reason of the installation of any fixtures or equipment or the installation of partitions by Tenant as additional Rentherein provided or alterations or remodeling or any work of any kind. C)Any and all trade fixtures and equipment installed by or on behalf of Tenant may be removed by it at the termination of this Lease, provided that Tenant shall not be in default in the performance of any of Tenant's obligations hereunder, and provided that Tenant shall repair any and all damage caused to the Demised Premises by the removal of any such trade fixtures and equipment, other than normal wear and tear. Trade fixtures or other property of Tenant not removed within fifteen (15) days after termination of the Lease shall become the property of the Landlord.