Signage (a) Landlord shall provide Tenant, at Landlord’s expense, with Building standard suite entry, elevator lobby directional, and lobby directory signage. Tenant may also install at Tenant’s expense elevator lobby signage on each full floor leased and occupied by Tenant, such signage to be subject to Landlord’s approval not to be unreasonably withheld, conditioned or delayed.
(b) So long as Tenant is not in Monetary Default, provided Tenant is leasing and occupying at least two (2) full floors in the Building, and provided Tenant obtains and maintains at Tenant’s expense all necessary permits, licenses and approvals, Tenant shall have the non-exclusive right to install and maintain, at its sole cost and expense, one (1) tenant identification exterior sign on the Building beneath one of the Byline Bank signs in the location depicted on Exhibit E attached hereto), subject to the following terms and conditions:
(i) The design of Tenant’s exterior sign shall be as approved by Landlord. The location, design, construction, size and all other aspects of such signage and the installation thereof shall be subject to Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed.
(ii) The expense of installing, constructing, maintaining, replacing and removing the sign shall be the sole cost and expense of Tenant and shall be paid directly by Tenant. Tenant shall be responsible for all costs and expenses associated with such signage and Tenant shall promptly repair any damage to the Building resulting from the installation, construction, maintenance or removal of such signage, normal wear and tear excepted. Tenant shall maintain such signage in a first class manner. If Tenant does not so maintain such signage, Landlord shall do so on Tenant’s behalf and Tenant shall pay Landlord for such maintenance at Building-standard rates.
(iii) Tenant’s sign contractor shall be subject to Landlord’s approval (not to be unreasonably withheld) and Tenant’s sign contractor must comply with Landlord’s rules and regulations for the Building. Alternatively, Landlord may elect to require the use of Landlord’s sign contractor.
(iv) Tenant hereby agrees to indemnify and hold Landlord harmless for any cost, expense, loss or other liability associated with the installation, construction, maintenance and removal of the sign.
(v) If Tenant requests any assignment or subletting of this Lease, Tenant’s rights with respect to the sign as contained herein shall not be transferable or assignable to an assignee or subtenant without the express prior written consent of Landlord which consent may be granted, withheld or conditioned in Landlord’s sole and absolute discretion. Notwithstanding the foregoing, Tenant, Tenant’s Affiliates, and any successor Tenant after any Business Transfer in accordance with Section 11.04 of the Lease may exercise Tenant’s rights with respect to the sign.
(vi) Upon the expiration or earlier termination of the Lease or Tenant’s signage right, Tenant shall promptly remove the signage, restore the Building’s façade to remove any trace of Tenant’s signage, and reimburse Landlord for all costs and expenses associated with any damage to the Building caused by such removal.
(vii) Tenant’s exterior signage right shall expire if Tenant fails to install exterior signage within six (6) months of the Relocation Premises Commencement Date.
(viii) Landlord reserves the right to temporarily remove, to replace, and/or to relocate Tenant’s signage in connection with any renovation of the Building by Landlord. Furthermore, Landlord reserves the right to refresh and modify the appearance of Tenant’s signage to be aesthetically consistent with renovations. Tenant’s signage shall not be less visible post-renovation compared to pre-renovation. Modifications to Tenant’s signage made by Landlord pursuant to this subsection shall be at Landlord’s expense.
(c) Landlord makes no representation or warranty whether the City of Chicago may approve exterior signage for Tenant. Tenant’s exterior signage right is personal to the above-named Tenant, Tenant’s Affiliates, and any successor Tenant after any Business Transfer in accordance with Section 11.04 of the Lease.
Alterations Except for the initial Tenant Improvements and Non-Material Alterations (as defined below), Tenant shall not make alterations in or to the Leased Premises unless and until Landlord has approved the plans therefor and the general contractor that will be engaged by Tenant to perform such alterations. Landlord shall notify Tenant of its approval or disapproval of Tenant’s alterations within ten (10) business days after notice from Tenant specifying the proposed alteration and delivery of plans and specifications detailing same. Landlord shall not unreasonably withhold, delay, or condition approval for any alterations, additions, or improvements in or to the Leased Premises or Building. As a condition of such approval (and at the time of such approval), Landlord may require Tenant to remove the alterations and restore the Leased Premises upon termination of this Lease; otherwise, all such alterations shall at Landlord’s option become a part of the realty and the property of Landlord at the expiration or earlier termination of this Lease, and shall not be removed by Tenant. For purposes of clarification, Tenant will not be required to remove (i) the initial Tenant Improvements, (ii) alterations for which Landlord did not notify Tenant of the removal requirement at the time of Landlord’s approval, and (iii) any Alterations for which Landlord gives a removal notice less than thirty (30) days before the termination of this Lease. Tenant shall ensure that all alterations shall be made in accordance with all Applicable Laws in a good and workmanlike manner and of quality equal to or better than the original construction of the Building; provided Landlord’s approval of such plans shall not be deemed a representation by Landlord that same comply with Applicable Laws. No person shall be entitled to any lien derived through or under Tenant for any labor or material furnished to the Leased Premises, and nothing in this Lease shall be construed to constitute Landlord’s consent to the creation of any lien. If any lien is filed against the Leased Premises for work claimed to have been done for or materials claimed to have been furnished to Tenant, Tenant shall cause such lien to be discharged of record or bonded against within thirty (30) days after filing. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys’ fees in connection with any construction or alteration and any related lien. Notwithstanding the foregoing, Tenant shall be required to give prior written notice to Landlord, but Tenant shall not be required to obtain Landlord’s consent, for alterations to the Leased Premises totaling less than $250,000.00 individually or $750,000.00 in the aggregate over any twenty-four (24) month period, provided such alterations (i) are non- structural in nature, (ii) do not materially affect any of the Building systems (including, without limitation, the heating and air conditioning and plumbing systems), and (iii) do not affect the exterior or aesthetics of the Building (the foregoing being “Non-Material Alterations”). Tenant shall not be required to obtain Landlord’s prior approval, to use a specific contractor, or to furnish performance bonds or completion guaranties for Non-Material Alterations; provided, Landlord reserves the right to require that Tenant remove any Non-Material Alterations upon the expiration or earlier termination of this Lease and restore any resulting damage to the Building, upon written notice to Tenant at least one hundred eighty (180) days prior to the end of the Lease Term.
