Common use of TENANT’S INITIAL IMPROVEMENTS Clause in Contracts

TENANT’S INITIAL IMPROVEMENTS. (a) Tenant shall, at Tenant's sole cost and expense, make certain alterations and additions to the Premises, as more particularly described in the scope of work attached as Exhibit D ("Tenant's Initial Improvements"). Notwithstanding anything to the contrary contained herein, Tenant's Initial Improvement shall include the construction of two (2) mechanical and electrical rooms with all mechanical and electrical components (including, without limitation, fans and air handling units) required for Tenant's contemplated use of the Premises (including the Second Year Space); provided, however, that the VAV boxes and other distribution and control components necessary to distribute service to the Second Year Space need not be included in Tenant's Initial Improvements. Tenant's Initial Improvements shall be performed, in all respects, in accordance with Article 4 hereof. Tenant agrees that Tenant's Initial Improvements will be performed in a manner so as to minimize the disturbance to the occupants of other parts of the Building; provided, however, that Tenant shall not be required to perform such work on an overtime basis unless such work is to be performed in space occupied by another tenant of the Building or Landlord, in which event such work shall be performed on an overtime basis unless such other tenant or Landlord agrees with Tenant in writing that Tenant may perform the required work during ordinary business hours. Tenant shall use commercially reasonable efforts to complete Tenant's Initial Improvements on or before September 15, 1994. It is understood that of the services to be furnished by Landlord referred to in Section 5.1 and Exhibit B hereof, Landlord shall not furnish any cleaning services until Tenant commences occupancy of the Premises (exclusive of the Second Year Space) for the conduct of its business. Tenant shall be responsible for removal of Tenant's refuse and rubbish during the period that Tenant's Initial Improvements are in progress in the Premises. (b) Tenant, at Tenant's expense, shall cause an architect approved in writing by Landlord, which approval Landlord shall not unreasonably withhold (the "Architect"), to prepare a set of plans, specifications and working drawings (the "Plans and Specifications") for Tenant's Initial Improvements. As used herein, the term "Plans and Specifications" shall include the MEP Plans and Specifications (as hereinafter defined). Tenant shall also obtain Landlord's prior written approval of any engineer who prepares engineering plans and specifications comprising a portion of the Plans and Specifications, which approval shall not be unreasonably withheld. Landlord and Tenant hereby acknowledge that Tenant shall perform Tenant's Initial Improvements on a so-called "fast-track" basis, whereby certain items of construction shall be commenced before all Plans and Specifications have been finalized. Notwithstanding the foregoing, the Plans and Specifications for the mechanical, electrical and plumbing components of Tenant's Initial Improvements (the "MEP Plans and Specifications") shall be submitted by Tenant to Landlord on or prior to the date occurring forty-five (45) days form the date hereof for Landlord's review. The MEP Plans and Specifications must be approved by Landlord in writing prior to Tenant's commencement of Tenant's Initial Improvements except for any demolition of the existing Leasehold Improvements. After the MEP Plans and Specifications have been approved by Landlord, Tenant will, during the course of construction, furnish Landlord with all other Plans and Specifications as the same are prepared. Tenant shall reimburse Landlord, within ten (10) days of demand, for any out-of-pocket costs and expenses incurred by Landlord in connection with Landlord's review of the Plans and Specifications. Tenants shall make such changes to the Plans and Specifications as Landlord reasonably requires and Tenant shall not commence the performance of any portion of Tenant's Initial Improvements prior to obtaining Landlord's prior written approval of the Plans and Specifications relating thereto, which shall not be unreasonably withheld. Landlord's failure to either approve, reject or request additional information regarding the Plans and Specification submitted by Tenant within fifteen (15) days from Landlord's receipt thereof shall be deemed to be Landlord's approval of said Plans and Specification. Any rejection by Landlord shall be in writing, shall specify the reasons for such rejection and shall outline the required modifications thereto which would render said Plans and Specifications acceptable. After Landlord has approved Plans and Specifications, Tenant shall promptly and diligently perform the Tenant's Initial Improvements in accordance with such approved Plans and Specifications, and pursue said work to completion. Tenant shall thereafter resubmit any modifications of or additions to the approved Plans and Specifications for Landlord's approval, which approval shall not be unreasonably withheld. (c) Landlord shall not be deemed unreasonable for withholding approval of any portion of the Plans and Specifications for Tenant's Initial Improvements which (i) might materially adversely affect any structural element of the Building, or (ii) involves or might affect the roof of the Building (subject, however, to Section 4.7), any area or element outside of the Premises, or any facility serving any area of the Building outside of the Premises or any publicly accessible major interior features of the Building. Notwithstanding the foregoing, Landlord acknowledges that nothing described in the scope of the work set forth in Exhibit D presents grounds for Landlord's withholding approval on the basis of any of clauses (i) or (ii) above, provided the same conforms to a typical first-class laboratory build-out, consistent with similar facilities in the metropolitan Boston area.

TENANT’S INITIAL IMPROVEMENTS. (a) Landlord shall provide Tenant's Tenant shallImprovements as defined in Section H of Exhibit "C-D" in accordance with mutually approved Space Plans. Upon approval by Tenant, Tenant directs Landlord to proceed with drawing plans and specifications for Tenant Improvement Work. Tenant agrees to cooperate and make available a representative to direct space planning efforts with Landlord's architect at such times as are requested by Landlord and Tenant shall give approvals of or indicate items not approved on Tenant Improvement plans and specifications within three (3) business days after submission by Landlord's architect. If Tenant shall disapprove of any aspect of Tenant Improvement plans and specifications submitted by Landlord's architect, Tenant shall specifically indicate which items are not approved and the alternative which Tenant desires. If Tenant fails to timely act as set forth in Article VI, makes changes to space plans or Tenant Improvement plans and specifications after approval is given, or adds material items after the initial submission of plans and specifications by Landlord's Architect, then the time for Delivery of Possession shall be postponed appropriately. (b) As to initial construction or future construction performed at Tenant's request, Landlord shall have full responsibility for constructing the Premises and the Tenant Improvements in compliance with all applicable laws, ordinances, rules and regulations, including, without limitation, the Americans with Disabilities Act of 1990, as amended. Any failure of Landlord to strictly comply with the immediately preceding sentence shall be remedied by Landlord, at its sole cost and expense, make certain alterations and additions to the Premises, as more particularly described in the scope of work attached as Exhibit D ("without direct or indirect reimbursement by Tenant's Initial Improvements"). Notwithstanding anything to the contrary contained herein, Tenant's Initial Improvement shall include the construction of two (2) mechanical and electrical rooms with all mechanical and electrical components (including, without limitation, fans and air handling units) required for Tenant's contemplated use of the Premises (including the Second Year Space); provided, however, that the VAV boxes and other distribution and control components necessary to distribute service to the Second Year Space need not be included in Tenant's Initial Improvements. Tenant's Initial Improvements shall be performed, in all respects, in accordance with Article 4 hereof. Tenant agrees that Tenant's Initial Improvements will be performed in a manner so as to minimize the disturbance to the occupants of other parts of the Building; provided, however, that Tenant shall not be required to perform such work on an overtime basis unless such work is to be performed in space occupied by another tenant of the Building or Landlord, in which event such work shall be performed on an overtime basis unless such other tenant or Landlord agrees with Tenant in writing that Tenant may perform the required work during ordinary business hours. Tenant shall use commercially reasonable efforts to complete Tenant's Initial Improvements on or before September 15, 1994. It is understood that of the services to be furnished by Landlord referred to in Section 5.1 and Exhibit B hereof, Landlord shall not furnish any cleaning services until Tenant commences occupancy of the Premises (exclusive of the Second Year Space) for the conduct of its business. Tenant shall be responsible for removal of Tenant's refuse and rubbish during the period that Tenant's Initial Improvements are in progress in the Premises. (b) Tenant, at Tenant's expense, shall cause an architect approved in writing by Landlord, which approval Landlord shall not unreasonably withhold (the "Architect"), to prepare a set of plans, specifications and working drawings (the "Plans and Specifications") for Tenant's Initial Improvements. As used herein, the term "Plans and Specifications" shall include the MEP Plans and Specifications (as hereinafter defined). Tenant shall also obtain Landlord's prior written approval of any engineer who prepares engineering plans and specifications comprising a portion of the Plans and Specifications, which approval shall not be unreasonably withheld. Landlord and Tenant hereby acknowledge that Tenant shall perform Tenant's Initial Improvements on a so-called "fast-track" basis, whereby certain items of construction shall be commenced before all Plans and Specifications have been finalized. Notwithstanding the foregoing, the Plans and Specifications for the mechanical, electrical and plumbing components of Tenant's Initial Improvements (the "MEP Plans and Specifications") shall be submitted by Tenant to Landlord on or prior to the date occurring forty-five (45) days form the date hereof for Landlord's review. The MEP Plans and Specifications must be approved by Landlord in writing prior to Tenant's commencement of Tenant's Initial Improvements except for any demolition of the existing Leasehold Improvements. After the MEP Plans and Specifications have been approved by Landlord, Tenant will, during the course of construction, furnish Landlord with all other Plans and Specifications as the same are prepared. Tenant shall reimburse Landlord, within ten (10) days of demand, for any out-of-pocket costs and expenses incurred by Landlord in connection with Landlord's review of the Plans and Specifications. Tenants shall make such changes to the Plans and Specifications as Landlord reasonably requires and Tenant shall not commence the performance of any portion of Tenant's Initial Improvements prior to obtaining Landlord's prior written approval of the Plans and Specifications relating thereto, which shall not be unreasonably withheld. Landlord's failure to either approve, reject or request additional information regarding the Plans and Specification submitted by Tenant within fifteen (15) days from Landlord's receipt thereof shall be deemed to be Landlord's approval of said Plans and Specification. Any rejection by Landlord shall be in writing, shall specify the reasons for such rejection and shall outline the required modifications thereto which would render said Plans and Specifications acceptable. After Landlord has approved Plans and Specifications, Tenant shall promptly and diligently perform the Tenant's Initial Improvements in accordance with such approved Plans and Specifications, and pursue said work to completion. Tenant shall thereafter resubmit any modifications of or additions to the approved Plans and Specifications for Landlord's approval, which approval shall not be unreasonably withheld. (c) Landlord shall not be deemed unreasonable for withholding has bid Tenant Improvements, and with the approval of any portion of Tenant has awarded the Plans and Specifications for Tenant's Initial Improvements which (i) might materially adversely affect any structural element of the Building, or (ii) involves or might affect the roof of the Building (subject, however, construction contract to Section 4.7), any area or element outside of the Premises, or any facility serving any area of the Building outside of the Premises or any publicly accessible major interior features of the Building. Notwithstanding the foregoing, Landlord acknowledges that nothing described in the scope of the work set forth in Exhibit D presents grounds for Landlord's withholding approval on the basis of any of clauses (i) or (ii) above, provided the same conforms to a typical first-class laboratory build-out, consistent with similar facilities in the metropolitan Boston areaAdvanced Interior Systems.

TENANT’S INITIAL IMPROVEMENTS. (aA) Tenant shallrepresents and warrants that at the beginning of the term Tenant shall construct at least $400,000.00 of capital improvements creating the upscale golf driving range on the Leased Premises, which shall be completed within the first year of the term. Tenant shall not construct any building, improvements or other construction or make any alteration, addition, or improvement to the Leased Premises or any part thereof that will affect the structure (the term "structure" as used herein will include the roof, foundation, and all other structural elements of the Leased Premises) or function of any buildings or improvements now on the Leased Premises unless it shall first obtain Landlord's prior written approval to such building, other construction, or alteration, addition, or improvement and all plans and specifications therefor. The term, "Improvements", as used herein, shall mean all buildings, improvements, alterations and other constructions made in, on, or about the Leased Premises by Tenant and any and all alterations, additions, and improvements thereto or to the Leased Premises by Tenant. In no event shall Tenant construct or permit the construction of any Improvements that would cause the value of the Leased Premises to be diminished in any way or that would adversely affect the safety or usefulness of the Leased Premises or violate any law. (B) All of the Improvements shall be constructed in a good and workmanlike manner, in accordance with law, in accordance with the matters and plans and specifications to which Landlord has given its approval (except in the case of interior, non-structural Tenant Improvements that do not affect function), and in accordance with this Subsection. No Improvements may be constructed until Tenant shall have procured and paid for, so far as the same may be required, all necessary permits and authorizations of all governmental authorities having jurisdiction. Landlord shall join in the application for such permits or authorizations promptly upon request at Tenant's expense whenever necessary and upon request by Tenant. All Improvements (other than interior, non-structural Tenant Improvements having a construction cost of less than $25,000.00) shall be constructed under a bonded contract. Tenant shall take all necessary actions allowed by law to ensure that no lien is filed against the Leased Premises. The aforesaid bond shall be for the full amount of the contract price under a performance and payment bond written by a surety company that is qualified to do business in the state in which the Leased Premises is located. Landlord will be named as co-obligee under the bond. In addition, Tenant and/or Tenant's contractor shall procure and keep in full force and effect at all times during the performance of its work in or about the Leased Premises during the term appropriate policies of insurance, including, but not limited to, builder's risk and contractor's liability insurance with a limitation of liability of at least $1,000,000.00 or such other minimum limits as Landlord may from time to time reasonably require, worker's compensation insurance with statutory limits, and employers' liability insurance with limits of liability of at least $1,000,000.00 or such other minimum limits as Landlord may from time to time reasonably require. All such policies of insurance shall satisfy Section 14(A) below. (C) All of the Improvements shall form part of the Leased Premises, and all such Improvements shall be and remain the property of Landlord throughout the term, and shall remain upon and be surrendered with the Leased Premises in good order, repair, condition, and appearance, ordinary wear and tear and Casualty (as hereinafter defined) damage excepted, at the expiration or other termination of this Lease, without any obligation on the part of Landlord to pay Tenant any compensation therefor. Anything to the contrary in the foregoing notwithstanding, Landlord shall have the right, at its option, to require Tenant, at the expiration or other termination of this Lease, to cause any or all of the Improvements to be removed and any or all of the Leased Premises to be replaced in the condition in which they were on the Commencement Date (subject to ordinary wear and tear and Casualty damage) at Tenant's sole cost and expense, make certain alterations and additions to the Premises, as more particularly described in the scope of work attached as Exhibit D ("Tenant's Initial Improvements"). Notwithstanding anything to the contrary contained herein, Tenant's Initial Improvement shall include the construction of two (2) mechanical and electrical rooms with all mechanical and electrical components (including, without limitation, fans and air handling units) required for Tenant's contemplated use of the Premises (including the Second Year Space); provided, however, that the VAV boxes All furniture and other distribution items that are not permanently attached to and control components necessary to distribute service to the Second Year Space need do not be included in Tenant's Initial Improvements. Tenant's Initial Improvements shall be performed, in all respects, in accordance with Article 4 hereof. Tenant agrees that Tenant's Initial Improvements will be performed in a manner so as to minimize the disturbance to the occupants of other form component parts of the Building; provided, however, that Tenant Leased Premises shall be and remain the property of Tenant. (D) Landlord's consent to or approval of any Improvements or any plans and specifications therefor or other matter with respect thereto shall not be required to perform such work on an overtime basis unless such work is deemed to be performed in space occupied by another tenant a warranty or representation on the part of the Building Landlord that such building, other construction, or alteration, addition, or improvement will be free from defects or fit for any use or purpose whatsoever or to be any other representation or warranty or to impose any obligation whatsoever on Landlord, in and Landlord will not be liable or responsible to Tenant or any other person or entity for any such matters with respect to which event such work shall be performed on an overtime basis unless such other tenant Landlord gives its approval or Landlord agrees with Tenant in writing that Tenant may perform the required work during ordinary business hours. Tenant shall use commercially reasonable efforts consent or fails to complete Tenant's Initial Improvements on give its approval or before September 15, 1994. It is understood that of the services to be furnished by Landlord referred to in Section 5.1 and Exhibit B hereof, Landlord shall not furnish any cleaning services until Tenant commences occupancy of the Premises consent. (exclusive of the Second Year SpaceE) for the conduct of its business. Tenant shall be responsible for removal of Tenant's refuse and rubbish during all Improvements to the period that Tenant's Initial Improvements are in progress in the Leased Premises. (b) Tenant, at Tenant's expense, shall cause an architect approved in writing by Landlord, which approval . Landlord shall not unreasonably withhold (the "Architect"), have no obligation to prepare a set of plans, specifications and working drawings (the "Plans and Specifications") for Tenant's Initial Improvements. As used herein, the term "Plans and Specifications" shall include the MEP Plans and Specifications (as hereinafter defined). Tenant shall also obtain Landlord's prior written approval of make any engineer who prepares engineering plans and specifications comprising a portion of the Plans and Specifications, which approval shall not be unreasonably withheld. Landlord and Tenant hereby acknowledge that Tenant shall perform Tenant's Initial Improvements on a so-called "fast-track" basis, whereby certain items of construction shall be commenced before all Plans and Specifications have been finalized. Notwithstanding the foregoing, the Plans and Specifications for the mechanical, electrical and plumbing components of Tenant's Initial Improvements (the "MEP Plans and Specifications") shall be submitted by Tenant to Landlord on or prior to the date occurring forty-five (45) days form the date hereof for Landlord's review. The MEP Plans and Specifications must be approved by Landlord in writing prior to Tenant's commencement of Tenant's Initial Improvements except for any demolition of the existing Leasehold Improvements. After the MEP Plans and Specifications have been approved by Landlord, Tenant will, during the course of construction, furnish Landlord with all other Plans and Specifications as the same are prepared. Tenant shall reimburse Landlord, within ten (10) days of demand, for any out-of-pocket costs and expenses incurred by Landlord in connection with Landlord's review of the Plans and Specifications. Tenants shall make such changes to the Plans and Specifications as Landlord reasonably requires and Tenant shall not commence the performance of any portion of Tenant's Initial Improvements prior to obtaining Landlord's prior written approval of the Plans and Specifications relating thereto, which shall not be unreasonably withheld. Landlord's failure to either approve, reject or request additional information regarding the Plans and Specification submitted by Tenant within fifteen (15) days from Landlord's receipt thereof shall be deemed to be Landlord's approval of said Plans and Specification. Any rejection by Landlord shall be in writing, shall specify the reasons for such rejection and shall outline the required modifications thereto which would render said Plans and Specifications acceptable. After Landlord has approved Plans and Specifications, Tenant shall promptly and diligently perform the Tenant's Initial Improvements in accordance with such approved Plans and Specifications, and pursue said work to completion. Tenant shall thereafter resubmit any modifications of or additions to the approved Plans and Specifications for Landlord's approval, which approval shall not be unreasonably withheldimprovements. (c) Landlord shall not be deemed unreasonable for withholding approval of any portion of the Plans and Specifications for Tenant's Initial Improvements which (i) might materially adversely affect any structural element of the Building, or (ii) involves or might affect the roof of the Building (subject, however, to Section 4.7), any area or element outside of the Premises, or any facility serving any area of the Building outside of the Premises or any publicly accessible major interior features of the Building. Notwithstanding the foregoing, Landlord acknowledges that nothing described in the scope of the work set forth in Exhibit D presents grounds for Landlord's withholding approval on the basis of any of clauses (i) or (ii) above, provided the same conforms to a typical first-class laboratory build-out, consistent with similar facilities in the metropolitan Boston area.