Common use of Lessee Improvements Clause in Contracts

Lessee Improvements. Lessee shall not make or allow to be made any alterations, physical additions or improvements in or to the Leased Premises without first obtaining the written consent of Lessor, which consent shall not be unreasonably withheld, conditioned or delayed. Any alterations, physical additions or improvements to the Leased Premises made by or installed by either party hereto shall remain upon and be surrendered with the Leased Premises and become the property of Lessor upon the expiration or earlier termination of this Lease without credit to Lessee; provided, however, Lessor, at its option, may require Lessee to remove any physical improvements or additions and/or repair any alterations in order to restore the Leased Premises to the condition existing at the time Lessee took possession, all costs of removal and/or alterations to be borne by Lessee. This clause shall not apply to moveable equipment, furniture or moveable trade fixtures owned by Lessee, which may be removed by Lessee at the end of the term of this Lease if Lessee is not then in default and if such equipment and furniture are not then subject to any other rights, liens and interests of Lessor. Lessee shall have no authority or power, express or implied, to create or cause any mechanic’s or materialman’s lien, charge or encumbrance of any kind against the Leased Premises, the Property or any portion thereof. Lessee shall promptly cause any such liens that have arisen by reason of any work claimed to have been undertaken by or through Lessee to be released by payment, bonding or otherwise within thirty (30) days after request by Lessor, and shall indemnify Lessor against losses arising out of any such claim (including, without limitation, legal fees and court costs). If Lessee fails to timely take either such action, then Lessor may pay the lien claim without inquiry as to the validity thereof, and any amounts so paid, including expenses and interest, shall be paid by Lessee to Lessor within ten (10) days after Lessor has delivered to Lessee an invoice therefor.

Lessee Improvements. Lessee shall not make or allow to be made any no alterations, physical improvements or additions or improvements (the “Improvements”) in or to about the Leased Premises without first obtaining the prior written consent approval of Lessor and provide to Lessor of all requested plans, drawings, and other information regarding such Improvements. Lessor, which consent ’s prior written approval shall not be unreasonably delayed, withheld, conditioned conditioned, or delayeddenied, if the requested Improvements comply with this section. All approved Improvements shall be performed at the sole cost of Lessee in compliance with all applicable statutes, ordinances, codes and regulations and in a good and workmanlike manner. Any alterationscontractor, physical additions subcontractor, or other entity employed by Xxxxxx to perform improvements to upon the Leased Premises made by or installed by either party hereto shall remain hold a valid Public Works Contractors License and shall comply with any licensure, bonding, and/or insurance requirements necessary for performing work upon and publicly owned property. Upon expiration of the Term of this Lease, the Improvements shall be surrendered with considered a part of the Leased Premises and become remain thereon unless Lessor shall request their removal, in which event the property of Lessor upon Improvements shall be promptly removed by Xxxxxx and the expiration or earlier termination of this Lease without credit Premises restored to Lessee; provided, however, Lessor, at its option, may require Lessee to remove any physical improvements or additions and/or repair any alterations in order to restore the Leased Premises to substantially the condition existing at the time Lessee took possession, all costs prior to such Improvements. The granting of removal and/or alterations to be borne written consent by Lessee. This clause Xxxxxx as provided herein shall not apply constitute the appointment of Xxxxxx as the agent of Lessor with respect to moveable equipment, furniture or moveable trade fixtures owned by Lessee, which may be removed by Lessee at the end of the term of this Lease if Lessee is not then in default and if such equipment and furniture are not then subject to any other rights, liens and interests of Lessorapproved Improvements. Lessee shall have no authority timely perform, at Lessee’s sole cost, in a good workmanlike manner, all alterations and/or repairs to the Premises required by any federal, state or powerlocal building, express fire, life-safety or implied, to create or cause any mechanic’s or materialman’s lien, charge or encumbrance of any kind against the Leased Premises, the Property or any portion thereof. Lessee shall promptly cause any such liens that have arisen by reason of any work claimed to have been undertaken by or through Lessee to be released by payment, bonding or otherwise within thirty (30) days after request by Lessor, and shall indemnify Lessor against losses arising out of any such claim similar law (including, without limitation, legal fees the Americans With Disabilities Act, as amended from time to time), ordinance, code or regulation adopted or amended after the Effective Date and court costs). If Lessee fails to timely take either such action, then Lessor may pay the lien claim without inquiry as applicable to the validity thereofPremises, and or required by reason of any amounts so paid, including expenses and interest, shall be paid alteration to the Premises performed by Lessee or a change in Xxxxxx’s use of the Premises, even though such alteration(s) and/or change in use may be consented to Lessor within ten (10) days after Lessor has delivered to Lessee an invoice thereforby Lessor.

Lessee Improvements. Lessee shall not make or allow to be made any alterations, physical additions or improvements in or A. Pursuant to the Leased work letter attached hereto as Exhibit B and made a part hereof (the “Work Letter”). Lessor shall (i) have certain Lessee improvements constructed in the Premises without first obtaining (the written consent “Lessee Improvements”), and (ii) provide Lessee with an improvement allowance of One Million Thirty-five Thousand Two Hundred Ninety-one Dollars ($1,035,291.00) (the “Lessee Improvement Allowance”) for the Lessee Improvements. Lessee may elect to increase the amount of the Lessee improvement Allowance in accordance with the provisions set forth in Section 5 of the Work Letter. X. Xxxxxx warrants that upon delivery of possession of the Premises (i) the Lessee Improvements shall be Substantially Complete (as defined in the Work Letter), (ii) the HVAC system, the sprinkler system and all other mechanical systems of the Premises (including electrical and plumbing) will be in good working condition and (iii) the Premises will be in water tight condition. Except for the Lessee Improvements contemplated by the Work Letter, the matters described in clauses (ii) and (iii) immediately above, and Lessor’s limited repair and maintenance obligations expressly set forth in this Lease. Lessee agrees to accept the Premises in its present “as is” condition, which consent and Lessor shall not be unreasonably withheldhave no obligation to install, conditioned construct, or delayed. Any alterations, physical additions or otherwise make any other improvements to the Leased Premises made by Premises. Notwithstanding any provision in the Lease to the contrary, in the event any code compliance work is or installed by either party hereto shall remain upon and be surrendered becomes necessary as a result of the Lessee Improvements, including, without limitation, any work necessary to comply with the Leased Premises ADA, or city building codes, and become the property Lessee Improvement Allowance is not sufficient to cover the cost of Lessor upon such compliance work, the expiration or earlier termination cost of this Lease without credit to Lessee; provided, however, Lessor, at its option, may require Lessee to remove any physical improvements or additions and/or repair any alterations in order to restore the Leased Premises to the condition existing at the time Lessee took possession, all costs of removal and/or alterations to such compliance work shall be borne by Lessee. This clause shall not apply Lessee acknowledges that neither Lessor nor any agent of Lessor has made any representation or warranty with respect to moveable equipment, furniture or moveable trade fixtures owned by Lessee, which may be removed by Lessee at the end of the term of this Lease if Lessee is not then in default and if such equipment and furniture are not then subject to any other rights, liens and interests of Lessor. Lessee shall have no authority or power, express or implied, to create or cause any mechanic’s or materialman’s lien, charge or encumbrance of any kind against the Leased Premises, the Property condition of the Premises, the parking area surrounding the Premises, or any portion portions thereof. Lessee shall promptly cause any such liens that have arisen by reason , the availability of any work claimed to have been undertaken by additional parking, or through Lessee to be released by payment, bonding or otherwise within thirty (30) days after request by Lessor, and shall indemnify Lessor against losses arising out of any such claim (including, without limitation, legal fees and court costs). If Lessee fails to timely take either such action, then Lessor may pay the lien claim without inquiry as with respect to the validity thereof, and any amounts so paid, including expenses and interest, shall be paid by Lessee to Lessor within ten (10) days after Lessor has delivered to Lessee an invoice thereforsuitability of the Lot for the conduct of Lessee’s business. 2 5.

Lessee Improvements. Upon Lessee's occupancy of the leased premises, Lessee may perform the work ("Lessee's Work") described in Exhibit "C" attached hereto and made a part hereof, which Lessee's Work is hereby deemed approved by Lessor for all purposes. Lessor hereby agrees to perform, at its sole cost and expense, any and all future removal, encapsulation or other abatement or handling of asbestos and/or asbestos containing material as is required by Applicable Laws or which is not unreasonably requested by Lessee in connection with (i) Lessee's Work, or (ii) any future alterations, additions or improvements to the leased premises permitted by the terms of this Lease. Notwithstanding the foregoing, however, Lessee agrees that, with the exception of the ACM Abatement Work prescribed in section 6.1 above, Lessee will not request that Lessor remove, encapsulate or abate any asbestos and/or asxxxxxs containing material referred to in the ACM Survey (e.g., the wallboard joint compound and paint texture or the resilient flooring and associated mastic referenced in the summary set forth on page 4 of the ACM Survey), unless the building materials associated with such items are (a) being altered by Lessee in such a manner that the asbestos contained in such items will be disturbed or (b) are being removed. Such removal, encapsulation or other abatement or handling shall be performed by Lessor (i) in accordance with the schedule of such work established by Lessee, provided Lessee is not unreasonable in establishing such schedule, and (ii) in a manner that will minimize interference with Lessee's business in the leased premises. Except with respect to Lessee's Work and interior, non-structural alterations or additions to the leased premises costing less than $50,000, Lessee shall not make or allow to be made any alterations, alterations or physical additions or improvements in or to the Leased Premises leased premises without first obtaining the written consent of Lessor, which consent shall not be unreasonably withheld, conditioned withheld or delayed. Any alterations, physical additions or improvements to the Leased Premises leased premises made by or installed by either party hereto Lessee shall remain upon and be surrendered with the Leased Premises and at once become the property of Lessor and shall be surrendered to Lessor upon the expiration or earlier termination of this Lease without credit to Lessee; provided, however, Lessor, at its option, may require Lessee to remove any physical improvements or additions and/or repair any alterations in order to restore the Leased Premises to the condition existing at the time Lessee took possession, all costs of removal and/or alterations to be borne by LesseeLease. This clause shall not apply to moveable equipment, furniture or moveable trade fixtures owned by Lessee, which may be removed by Lessee at the end of the term of this Lease if Lessee is not then in default and if such equipment and furniture are not then subject to any other rights, liens and interests interest of Lessor. Lessee shall have no authority or power, express or implied, to create or cause any mechanic’s or materialman’s lien, charge or encumbrance of any kind against the Leased Premises, the Property or any portion thereof. Lessee shall promptly cause any such liens that have arisen by reason of any work claimed to have been undertaken by or through Lessee to be released by payment, bonding or otherwise within thirty (30) days after request by Lessor, and shall indemnify Lessor against losses arising out of any such claim (including, without limitation, legal fees and court costs). If Lessee fails to timely take either such action, then Lessor may pay the lien claim without inquiry as to the validity thereof, and any amounts so paid, including expenses and interest, shall be paid by Lessee to Lessor within ten (10) days after Lessor has delivered to Lessee an invoice therefor.

Lessee Improvements. Lessor shall provide a total allowance of up to $692,852.00 ($34.00 per usable square foot initially leased by Lessee), ( hereinafter "Improvement Allowance"), based upon 20,378 usable square feet, for any and all Lessee shall improvement costs, including, but not make or allow to be made any alterationslimited to, physical additions or space planning, design and architectural fees, a Lessor supervision and coordination fee, construction drawings, mechanical and electrical engineering, permits and other fees, plan check and construction of Lessee's real property improvements in or to the Leased Premises without first obtaining the written consent of Lessor, which consent Premises. The Improvement Allowance shall not be unreasonably withheldutilized for personal property improvement items (i.e. furniture, conditioned or delayedremovable fixtures, computers, phone systems and related equipment, and cabling). Any alterations, physical All costs to complete Lessee's Improvements (as set forth in the lump sum construction contract) in excess of said Improvement Allowance and all costs incurred by Lessor as a result of Lessee's additions or improvements modifications to the Leased Premises made by or installed by either party hereto shall remain upon and be surrendered with the Leased Premises and become the property of Lessor upon the expiration or earlier termination of this Lease without credit to Lessee; provided, however, Lessor, at its option, may require Lessee to remove any physical improvements or additions and/or repair any alterations in order to restore the Leased Premises to the condition existing at the time Lessee took possession, all costs of removal and/or alterations to be borne by Lessee. This clause shall not apply to moveable equipment, furniture or moveable trade fixtures owned by Lessee, which may be removed by Lessee at the end of the term of this Lease if Lessee is not then in default and if such equipment and furniture are not then subject to any other rights, liens and interests of Lessor. Lessee shall have no authority or power, express or implied, to create or cause any mechanic’s or materialman’s lien, charge or encumbrance of any kind against the Leased Premises, the Property or any portion thereof. Lessee shall promptly cause any such liens that have arisen by reason of any work claimed to have been undertaken by or through Lessee to be released by payment, bonding or otherwise within thirty (30) days after request by Lessor, and shall indemnify Lessor against losses arising out of any such claim (including, without limitation, legal fees and court costs). If Lessee fails to timely take either such action, then Lessor may pay the lien claim without inquiry as to the validity thereof, and any amounts so paid, including expenses and interest, said mutually approved construction drawings shall be paid by Lessee to Lessor after completion of such Lessee Improvements within ten fifteen (15) calendar days of Lessor's written notice. Except for this Paragraph 50 and the Improvement Allowance provided herein, and the provisions provided for in Paragraph 6, and Paragraph 7.1 or otherwise specifically set forth in the Lease, Lessor shall have no obligation whatsoever to modify, construct, or otherwise alter the Premises or the Office Building Project for Lessee's occupancy. Lessee shall have the right to enhance the tiled floor in the elevator lobby on the western portion of 5th floor of the Building, subject to Lessor's prior written approval. The cost of such enhancement may be deducted from the Improvement Allowance by the Lessor. Lessor shall utilize the Lessor's Building standard ceiling grid, lights, hardware, locksets, doors and window coverings for the Premises. Attached as Exhibit "C" is a preliminary space plan and specifications, prepared by Lessor's architect for the improvements to Lessee's Premises, which shall be mutually approved by Lessee and Lessor prior to the commencement of construction drawings ("Lessee's Improvements"), which approval shall not be unreasonably withheld. Construction documents shall be completed by Chelsea Design. Lessee shall approve a final space plan for the Premises by December 10) days after , 1996. Lessor has delivered shall promptly deliver to Lessee an invoice thereforworking drawings and specifications for the interior finishes to the Premises. Lessee shall notify Lessor of any required changes to such working drawings within five (5) calendar days following Lessee's receipt of same and, if applicable, Lessor shall cause its architect and engineers to make such changes and deliver the revised final working drawings to Lessee for its approval within five (5) calendar days of Lessor's receipt of notice of such required changes. Lessee shall provide approval of the revised working drawings within two (2) business days of its receipt. Upon Lessee's approval of the final working drawings, Lessor shall instruct its approved mechanical and electrical engineers to commence engineering for Lessee's Improvements. Upon completion of engineering, Lessor shall submit the completed set of plans to the list of approved general contractors for the Building. Lessee's space plans and working drawings shall not conflict with the building codes for the City of Los Angeles, or with any other applicable governmental law or regulation, or with applicable insurance regulations. All space plans and working drawings shall be in a form satisfactory to appropriate governmental authorities responsible for issuing permits and licenses required for construction. Lessee hereby designates Xxxxxx X. Xxxxxxxxx as its representative with respect to the construction of the Lessee Improvements, to act on behalf of and in the name of Lessee and may make all decisions and give all approvals required of Lessee with respect to such construction. All notices shall be sent to Xxxxxx X. Xxxxxxxxx at the following address: 000 Xxxxx Xxxxx Xxxxxx, Xxxxx 000, Xxx Xxxxxxx, XX. 00000, by hand delivery or overnight delivery. Lessor shall competitively bid the project to at least three (3) qualified general contractors reasonably approved by Lessee. Lessee may name a fourth (4th) general contractor, subject to Lessor's prior reasonable approval of said general contractor. Lessor shall enter into a lump sum construction contract (subject to Lessee's reasonable approval which approval or denial must be made within 72 hours or such contract shall be deemed approved) with the selected contractor for the installation of the Lessee Improvements in accordance with the approved plans and working drawings. Lessor shall supervise the completion of such work and shall use commercially reasonable efforts to secure substantial completion of the work in accordance with a work schedule, to be defined prior to finalizing the constriction contract. There shall be a Lessor coordination, supervision and observation fee of $13,857.00, which shall be deducted from the Improvement Allowance defined above. Lessor shall obtain permits for Lessee's Improvements, and shall construct and complete Lessee's Improvements in the Premises in accordance with the approved plans. Lessor's approved mechanical contractors, Preferred Mechanical or Westco Air Conditioning, and Lessor's approved electrical contractor which is Hye-line Electric, may be utilized by the approved general contractor. Lessor agrees to competitively bid the mechanical and electrical components of the project to at least two other qualified mechanical and electrical contractors reasonably approved by Lessee. All telephone line installation shall be undertaken by Lessee at its expense. Such expense shall not constitute Tenant Improvement. The general contractor shall coordinate such installation with Lessee's Tenant Improvements. Prior to any contractor entering the Building, said contractors shall provide Lessor with a waiver of any and all mechanic and lien rights, and the contractors shall name Lessor as additional insured in its liability policy (which shall be for not less than $1,000,000 per occurrence) and in Lessee's workmen's compensation insurance policy. All contractors shall schedule all work and deliveries, including the use of loading docks and elevators, through Lessor (Lessor's contact is Xxxxx Xxxxxxxx (818-990-8410)), and shall comply with all construction regulations established by Lessor for the Building. All contractor and subcontractors shall use service elevators only, shall park and load in designated areas only, and shall protect the Building, its Common Areas, and Lessor's property (i.e. carpeting, walls, tile, finishes, etc.). In no event shall any construction personnel use tenant restrooms or enter tenant offices. The general contractor shall provide construction toilets and dumpsters per Lessor's direction. In the event: (i) of any Lessee requested additions, modifications, or changes to said approved plans or drawings, (ii) Lessee's failure to approve any item or perform any other obligation within the timelines contained herein, (iii) Lessee's request to materials, finishes or installations which are not part of the Building standards or which are not readily available of which Lessor shall provide Lessee written notice following Lessor's receipt of the approved working drawings, cause a delay in the construction of Lessee's Improvements, then notwithstanding the provisions of Paragraph 1.5 hereof, the Commencement Date under this Lease shall be the date that Tender of Possession should have occurred were it not for such Lessee caused delay(s). If Lessor shall be delayed at any time in the progress of the construction of Lessee's Improvements or any portion thereof by strikes, lockouts, fire, delay in transportation, unavoidable casualties, severe weather conditions, unforeseeable government delays, then the Commencement Date established in Paragraph 1.5 of the Lease shall be extended by the period of such delay.