Subtenant Improvements. Subtenant shall be entitled to construct tenant improvements in the Premises (the “Subtenant Improvements”), including reasonable security measures for the Premises, subject to and in accordance with the terms of that certain Subtenant Work Letter to be attached to the Consent (which is expressly incorporated herein by this reference) (the “Subtenant Work Letter”) and the terms of the Master Lease and this Sublease. All approval rights of Master Landlord and Sublandlord with respect to the Subtenant Improvements shall be governed by the terms of the Subtenant Work Letter. Subtenant shall be solely responsible for paying any management or supervisory fee or reimbursement requests charged by Master Landlord in connection with the Subtenant Improvements (collectively, the “Master Landlord Fees”) in accordance with the terms of the Master Lease and the Subtenant Work Letter. Sublandlord confirms that Sublandlord shall not charge Subtenant any construction management fee or supervisory fees (other than passing through the Master Landlord Fees). However, Subtenant shall be obligated to reimburse Sublandlord for any actual and reasonable third party out-of-pocket costs incurred by Sublandlord in connection with reviewing and approving Subtenant’s plans and specifications promptly upon request. Subject to the terms of the Master Lease, the Subtenant Work Letter, and Sublandlord’s prior written approval, which shall not be unreasonably withheld, conditioned or delayed, Subtenant shall be entitled to use its own architects and contractors for the purpose of completing the Subtenant Improvements.
Subtenant Improvements. After delivery of the Premises to Subtenant, Subtenant may perform its alterations, subject to Sublandlord’s consent, which consent may be withheld in Sublandlord’s reasonable discretion, and the alterations may be performed only by contractors or mechanics approved by Sublandlord in writing and upon the approval by Sublandlord in writing of fully detailed and dimensioned plans and specifications pertaining to the alterations, to be prepared and submitted by Subtenant* at its sole cost and expense. Sublandlord shall cooperate with Subtenant and make commercially reasonable efforts to assist Subtenant in obtaining the necessary governmental permits for construction of the improvements to the
Subtenant Improvements. Described in the Work Letter.
Subtenant Improvements. Additionally, Sublandlord and Master Landlord (by reason of its consent to this Sublease) conceptually approve Subtenant’s construction of the following improvements to the Subleased Premises (such “Subtenant Improvements” as more particularly described on the floor plan attached as Exhibit B and made a part hereof), provided that such improvements are constructed in accordance with Section 8.3 of the Master Lease and at the sole cost of Subtenant:
Subtenant Improvements. All alterations or improvements made to the Sublease Premises shall be made in accordance with the terms of the Master Lease as incorporated herein, and in compliance with all laws. Prior to the Commencement Date, Subtenant shall cause the Sublease Premises to be separately demised (with utilities separately sub-metered, if possible) from the Master Premises (which, together with the other initial alterations or improvements to be made by Subtenant are referred to herein as the "Subtenant Improvements"), and subject to possible reimbursement as set forth below, shall pay all costs and expenses relating thereto. Such costs shall include, without limitation, (i) all costs of compliance with laws relating to such demising, (ii) any additional taxes relating to such demising, and (iii) all costs to reprogram or modify the existing security system so that the Sublease Premises and the remaining portion of the Master Premises have distinct access and security systems. Within thirty (30) days following Subtenant's written request to Sublandlord and subject to the provisions of Paragraph 18 of the Master Lease, Wind River shall assign its rights to receive reimbursement from Master Landlord for costs incurred prior to June 30, 2001 for making alterations and improvements within the Sublease Premises, in an amount up to $440,000. Subtenant shall indemnify, defend and hold Wind River harmless from and against all actions, claims, demands, costs liabilities, losses, reasonable attorney's fees, damages, penalties, and expenses which may be brought or made against Wind River or which Wind River may pay or incur to the extent caused by any act or omission by Subtenant or its employees, agents, contractors or invitees ("Agents") in connection with any alterations or improvements (including without limitation the installation of its CAT 5 cabling) or the negligence or willful misconduct of Subtenant or its Agents.
Subtenant Improvements. Sublandlord and Subtenant agree that any improvements made to the Premises by Subtenant (“Subtenant Improvements”) shall be carried out in accordance with the applicable provisions of the Master Lease. In connection therewith, Subtenant shall provide Sublandlord with plans and specifications for the proposed Subtenant Improvements, and Sublandlord agrees to submit the same to Landlord for Landlord’s consent, pursuant to the provisions of the Master Lease. Notwithstanding any provision of this Sublease to the contrary, Sublandlord agrees that Subtenant shall be permitted to demolish the wall between two of the existing offices within the Premises to create a conference room, subject to obtaining the necessary approvals from Landlord under the Master Lease and subject to obtaining Sublandlord’s approval of the plans and specifications therefor, which approval by Sublandlord shall not be unreasonably withheld, and further subject to compliance with the applicable provisions of the Master Lease. If the performance of any Subtenant Improvements within the Premises results in a requirement for code-related upgrades to or improvements of any portion of the Premises or the Building, Subtenant shall be responsible for such code-required upgrades or improvements.
Subtenant Improvements. Subtenant shall pay to Sublandlord, upon demand, as Additional Charges, the portion of all real estate taxes levied or assessed against Sublandlord with respect to improvements, property or equipment installed in the Premises, to the extent such levy or assessment is based upon a value determined to be in excess of Thirty-Five Dollars ($35.00) per square foot of Rentable Area of the Premises. For the purposes of calculating the amount payable by Subtenant pursuant to this Section 9.5(b), the assessed value of improvements and equipment installed in the Premises shall be deemed to be equal to the cost of such improvements and equipment, including any fees paid to Sublandlord in connection therewith, and including the cost of any Alterations performed pursuant to Section 8.1.
Subtenant Improvements. Subtenant is not authorized to make or allow to be made any alterations or physical additions in or to the Premises without first obtaining the written consent of the Master Tenant, whose consent may not be unreasonably withheld. Prior to returning the Premises to Master Tenant at the termination of this Agreement, Subtenant shall remove anything affixed to the Premises if the removal can be effected without injury to the Premises, unless the thing has, by the manner in which it is affixed, become an integral part of the Premises, unless otherwise agreed in writing between the Parties.
Subtenant Improvements. The Work Letter attached as Exhibit 4 sets forth all of Tenant’s Work, if any, and all improvements to be completed by Subtenant ( “Subtenant’s Work”), if any, that will be performed on the Subleased Premises. Responsibility for design, payment and performance of all such work shall be as set forth in the Work Letter.
Subtenant Improvements. Subtenant accepts the Subleased Premises and all improvements therein "AS IS", "WHERE IS" and "WITH ALL FAULTS", and Sublandlord shall not be obligated to make or cause to be made any initial improvements or alterations to the Subleased Premises as a condition of Subtenant's occupancy of the Subleased Premises. Sublandlord makes no representations or warranties regarding the condition of the Subleased Premises or compliance of the Subleased Premises with applicable statutes, rules and regulations of the City and County of San Francisco, the State of California, the federal government or any other governmental entity.
