Common use of Subsequent Improvements Clause in Contracts

Subsequent Improvements. Tenant covenants and agrees that Tenant shall not make or erect any improvements, alterations, replacements, additions or accessions or any other tenant improvements (individually and collectively referred to herein as "Tenant Improvements") in any manner whatsoever to the Building or to the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. For the purposes of this Lease, "Tenant's Improvements" shall include and be defined to mean all work required to be done in preparing the Premises so that it may be operated for business (other than the Construction Work), as well as all alterations, decorations, installations, additions or improvements to the Premises occurring thereafter. Tenant covenants and agrees that all Tenant's Improvements shall be done at Tenant's full cost and expense, shall comply with all applicable governmental regulations, shall be done only by contractors, subcontractors and mechanics with respect to whom Landlord has consented, which consent shall not be unreasonably withheld, shall be done in a manner which will assure labor harmony at the site and shall be done in a manner which will not unreasonably interfere with the construction work or other tenants of Landlord's Building. Tenant agrees to provide Landlord copies of all plans and specifications for such improvements, alterations, replacements or accessions and with the name of the general contractor and, if known, names of any subcontractors and mechanics who are to perform such work at least fifteen (15) days in advance of the commencement of any such work. Landlord shall, within three (3) business days. of receipt of such copies from Tenant, notify Tenant as to whether Landlord consents to such plans, specifications, contractors, subcontractors, etc., which consent shall not be unreasonably withheld, or whether such consent is withheld, in which case Tenant's contemplated construction shall not commence. All electrical and/or mechanical contractors must be specifically approved by Landlord which approval may be withheld in Landlord's sole discretion. Notwithstanding the aforesaid, Landlord's consent to Tenant's plans, specifications, contractors, subcontractors, etc. shall not be construed as Landlord's consent to Tenant causing work to be done in the Premises in a manner or under conditions which entitle the person doing the work or furnishing the materials to a mechanic's or materialmen's lien. As a condition precedent to Landlord's consent to the making by Tenant of such Tenant's Improvements to the Premises, Tenant agrees to obtain and deliver to Landlord written and unconditional waivers of mechanic's liens upon the real property in which the Premises are located, for all work, labor and services to be performed and materials to be furnished in connection with such work, signed by all contractors, subcontractors, materialmen and laborers who contract for or intend to perform such work. Notwithstanding the foregoing, if any mechanic's lien or other lien is filed against the Premises or the Landlord's Building for work claimed to have been done for, or materials claimed to have been furnished to Tenant, it shall be discharged by Tenant within thirty (30) days thereafter, at Tenant's expense, by filing the bond required by law, or by payment or otherwise. If any such mechanics' or other liens be filed against the Land, the Building or the Premises and Tenant fails to discharge same within thirty (30) days after such filing, then in addition to any other right or remedy of Xxxxxxxx, Xxxxxxxx may, but without obligation to do so, discharge the same by bonding or by paying the amount claimed to be due. Any amount paid by Landlord for the satisfaction of any such lien and all reasonable legal and other costs incurred by Landlord in procuring such discharge shall be payable by Tenant to Landlord as Additional Rent on demand. Tenant covenants and agrees to indemnify Landlord and hold Landlord harmless of and from any and all claims, costs, suits, damages and liability whatsoever arising out of or as a result of any such work done by Tenant or Tenant's contractors, subcontractors, agents or employees, including reasonable attorney's fees for the defense thereof. Landlord shall not be liable for any failure of any building facilities or services caused by alterations, installations and/or additions by Tenant, and Tenant shall promptly correct any such failure. In the event Tenant shall not promptly correct same, Landlord may make such correction and charge Tenant for the cost thereof. Such sum due Landlord shall be deemed Additional Rent and shall be paid by Tenant promptly upon being billed therefor. Prior to commencing any work pursuant to the provisions of this Lease, Tenant shall additionally furnish to Landlord: (i) copies of all governmental permits and authorizations which may be required in connection with such work; (ii) a certificate evidencing that Tenant (or Tenant's agents or contractors) has procured worker's compensation insurance covering all persons employed in connection with the work who might assert claims for death or bodily injury against Landlord, Tenant or Landlord's Building; and (iii) such additional personal injury and property damage insurance as Landlord may reasonably require because of the nature of the work to be done by Tenant. All Improvements upon the Premises and any replacements therefor, including all paneling, decorations, partitions, railings, affixed to the realty, except furniture, movable trade fixtures and movable equipment installed at the expense of Tenant shall become the property of Landlord and shall remain upon, and be surrendered with the Premises as a part thereof at the termination of this Lease, without compensation to Tenant; unless, however, Landlord by notice given to Tenant no later than thirty (30) days prior to the end of the Term shall elect to have Tenant remove any or all such Tenant Improvements. Thereupon Tenant shall accomplish such removal at its sole cost and repair any damage caused by such removal.

Subsequent Improvements. Tenant covenants and agrees that In addition to Tenant's rights with respect to Tenant's Property as set forth in Paragraph 3(a)(i) above, Tenant shall not also have the right to make or erect any improvementsadditions, alterations, replacementschanges and improvements, structural and nonstructural, including but not limited to construction of additional buildings and additions or accessions or any other tenant improvements (individually and collectively referred to herein as "Tenant Improvements") in any manner whatsoever to the Building then existing buildings, as Tenant shall desire; provided, however, (A) for all structural changes, or to the Premises without the prior written consent for any changes or improvements costing in excess of Landlord, which consent shall not be unreasonably withheld or delayed. For the purposes of this Lease, "Tenant's Improvements" shall include and be defined to mean all work required to be done in preparing the Premises so that it may be operated for business One Hundred Fifty Thousand Dollars (other than the Construction Work$150,000.00), as well as all alterations, decorations, installations, additions or improvements to the Premises occurring thereafter. (i) Tenant covenants and agrees that all Tenant's Improvements shall be done at Tenant's full cost and expense, shall comply with all applicable governmental regulations, shall be done only by contractors, subcontractors and mechanics with respect to whom Landlord has consented, which consent shall not be unreasonably withheld, shall be done in a manner which will assure labor harmony at the site and shall be done in a manner which will not unreasonably interfere with the construction work or other tenants of Landlord's Building. Tenant agrees to provide Landlord copies submit plans of all plans and specifications for such improvements, alterations, replacements or accessions and with the name of the general contractor and, if known, names of any subcontractors and mechanics who are changes to perform such work Landlord at least fifteen thirty (1530) days in advance of the commencement of any such work. Landlord shall, within three (3) business days. of receipt of such copies from Tenant, notify Tenant as to whether Landlord consents to such plans, specifications, contractors, subcontractors, etc.proposed construction date, which consent plans shall not be unreasonably withheld, or whether such consent is withheld, in which case Tenant's contemplated construction shall not commence. All electrical and/or mechanical contractors must be specifically approved by Landlord which approval may be withheld in Landlord's sole discretion. Notwithstanding the aforesaid, Landlord's consent to Tenant's plans, specifications, contractors, subcontractors, etc. shall not be construed as Landlord's consent to Tenant causing work to be done in the Premises in a manner or under conditions which entitle the person doing the work or furnishing the materials to a mechanic's or materialmen's lien. As a condition precedent subject to Landlord's consent to the making by reasonable approval, and (ii) Tenant shall provide Landlord with reasonable evidence of such Tenant's Improvements financial ability to pay for such changes; (B) all such construction shall be completed in a workmanlike manner and in material compliance with all laws (including without limitation the ADA), building codes and ordinances applicable thereto, and, at Tenant's sole expense, in compliance with any applicable recommendations set forth in that certain Phase I Environmental Site Assessment Report dated November 14, 2005, and prepared by EBI Consulting, as EBI Project #11054342 (including, without limitation, any applicable Operations and Maintenance Plan obtained or developed pursuant thereto), and (C) such additions, alterations, changes and improvements (whether structural or non-structural) shall not reduce the square footage of the buildings on the Premises, Tenant agrees to obtain and deliver to . Landlord written and unconditional waivers of mechanic's liens upon must approve or disapprove the real property in which the Premises are located, for all work, labor and services to be performed and materials to be furnished in connection with such work, signed by all contractors, subcontractors, materialmen and laborers who contract for or intend to perform such work. Notwithstanding the foregoing, if any mechanic's lien or other lien is filed against the Premises or the Landlord's Building for work claimed to have been done for, or materials claimed to have been furnished to Tenant, it shall be discharged by Tenant changes within thirty (30) days thereafter, at Tenant's expense, by filing following receipt of the bond required by law, or by payment or otherwise. If any such mechanics' or other liens be filed against the Land, the Building plans or the Premises and Tenant fails plans will be deemed approved provided that there is a conspicuous notation upon said plans advising Landlord of the consequences of its failure to discharge same respond within the aforesaid thirty (30) days after such filing, then in addition to any other right or remedy of Xxxxxxxx, Xxxxxxxx may, but without obligation to do so, discharge the same by bonding or by paying the amount claimed to be duedays. Any amount paid by Landlord for the satisfaction of any such lien and all reasonable legal and other costs incurred by Landlord in procuring such discharge shall be payable by Tenant to Landlord as Additional Rent on demand. Tenant covenants and agrees to indemnify Landlord and hold Landlord harmless of and from any and all claims, costs, suits, damages and liability whatsoever arising out of or as a result of any such work done by Tenant or Tenant's contractors, subcontractors, agents or employees, including reasonable attorney's fees for the defense thereof. Landlord shall not be liable for any failure of any building facilities or services caused by alterations, installations and/or additions by Tenant, and Tenant shall promptly correct any such failure. In the event Tenant shall not promptly correct same, Landlord may make such correction and charge Tenant for the cost thereof. Such sum due Landlord shall be deemed Additional Rent and shall be paid by Tenant promptly upon being billed therefor. Prior to commencing any work pursuant Notwithstanding anything to the provisions of this Leasecontrary contained in the foregoing, Tenant shall additionally be obligated to furnish Landlord with prior written notice of any proposed alteration, addition or improvement to Landlord: (i) copies the Premises regardless of all governmental permits and authorizations which may be required in connection with such work; (ii) a certificate evidencing that Tenant (or Tenant's agents or contractors) has procured worker's compensation insurance covering all persons employed in connection with the work who might assert claims for death or bodily injury against Landlord, Tenant or whether Landlord's Building; and (iii) such additional personal injury and property damage insurance as Landlord may reasonably require because of the nature of the work to be done by Tenant. All Improvements upon the Premises and any replacements consent is required therefor, including all paneling, decorations, partitions, railings, affixed to the realty, except furniture, movable trade fixtures and movable equipment installed at the expense of Tenant shall become the property of Landlord and shall remain upon, and be surrendered with the Premises as a part thereof at the termination of this Lease, without compensation to Tenant; unless, however, Landlord by notice given to Tenant no later than thirty (30) days prior to the end of the Term shall elect to have Tenant remove any or all such Tenant Improvements. Thereupon Tenant shall accomplish such removal at its sole cost and repair any damage caused by such removal.

Subsequent Improvements. Tenant covenants shall have the right, from time to time, to make interior, non-structural alterations to the Premises as Tenant shall desire without Landlord's prior consent; provided, however, that (i) as to any Material Alteration, (A) Tenant shall submit to Landlord, at least ten (10) business days in advance of the proposed construction date, a floor plan generally depicting any changes to the configuration of space within the building and agrees a listing of the proposed alterations (and the cost thereof) to be completed in such Material Alteration, and Landlord must, in its reasonable opinion, approve or object to such Material Alteration within ten (10) business days after Landlord’s receipt of such floor plan and listing of the proposed alteration, and (B) at Landlord’s reasonable request, Tenant shall deliver to Landlord contractors’ unconditional payment and performance bonds for such work naming Landlord and Tenant as dual obligees; and (ii) as to all construction or alteration (regardless of whether any such activities constitute Material Alteration), (A) all construction shall be completed in a workmanlike manner and in compliance with applicable laws, at Tenant’s sole expense, and (B) such construction or alteration shall not reduce the fair market value of the Premises. Landlord’s failure to respond to Tenant’s request for approval of any proposed Material Alteration within ten (10) business days after Landlord’s receipt thereof shall be deemed to constitute Landlord’s disapproval of such proposed Material Alteration. In the event Landlord objects to any proposed Material Alteration as provided above, Tenant may re-submit a revised floor plan and/or listing of the proposed Tenant’s Improvements for review by Landlord as provided in this Section 5(a)(ii). Changes or alterations to any floor plan and listing of proposed Material Alteration previously approved by Landlord that would affect the total cost thereof by more than Ten Thousand and No/100 Dollars ($10,000.00) shall constitute new Material Alteration which must be submitted to Landlord or approval as provided above in this Section 5(a)(ii). One reproducible final copy of the plans for all completed Material Alterations shall be signed by Tenant and submitted to Landlord within ninety (90) days following the completion thereof. All alterations shall not weaken or impair the structural strength or materially decrease the value of the Premises and shall be constructed in compliance with the requirements of this Lease. Prior to the commencement of construction, all required approvals of such construction musthave been obtained from the applicable governmental authorities and utilities having jurisdiction thereof. Upon completion of the construction or alteration, Tenant shall provide Landlord: (i) with respect to a Material Alteration, a certification from the applicable construction contractor, architect or engineer that such alterations or improvements have been constructed, altered or changed in strict compliance with all applicable laws, and (ii) with respect to a Material Alteration, a fully executed lienwaiver, in a form reasonably acceptable to Landlord, from each contractor or subcontractor participating in such construction or alteration or change of such alterations or improvements, if and as applicable. Landlord shall be permitted to inspect such constructed, altered or changed improvements. Except as set forth herein, Tenant shall not make remove or erect demolish, in whole or in part, any improvements, alterations, replacements, additions alterations or accessions improvements upon or any other tenant improvements (individually and collectively referred to herein as "Tenant Improvements") in any manner whatsoever to the Building or to within the Premises without the prior written consent approval of Landlord, which consent shall not be unreasonably withheld or delayed. For the purposes of this Lease, "Tenant's Improvements" shall include and be defined to mean all work required to be done in preparing the Premises so that it may be operated for business (other than the Construction Work), as well as all alterations, decorations, installations, additions or improvements to the Premises occurring thereafter. Tenant covenants and agrees that all Tenant's Improvements shall be done at Tenant's full cost and expense, shall comply with all applicable governmental regulations, shall be done only by contractors, subcontractors and mechanics with respect to whom Landlord has consented, which consent shall not be unreasonably withheld, shall be done in a manner which will assure labor harmony at the site and shall be done in a manner which will not unreasonably interfere with the construction work or other tenants of Landlord's Building. Tenant agrees to provide Landlord copies of all plans and specifications for such improvements, alterations, replacements or accessions and with the name of the general contractor and, if known, names of any subcontractors and mechanics who are to perform such work at least fifteen (15) days in advance of the commencement of any such work. Landlord shall, within three (3) business days. of receipt of such copies from Tenant, notify Tenant as to whether Landlord consents to such plans, specifications, contractors, subcontractors, etc., which consent shall not be unreasonably withheld, or whether such consent is withheld, in which case Tenant's contemplated construction shall not commence. All electrical and/or mechanical contractors must be specifically approved by Landlord which approval may be withheld in Landlord's sole discretion. Notwithstanding conditioned upon the aforesaid, Landlord's consent obligation of Tenant to Tenant's plans, specifications, contractors, subcontractors, etc. shall not be construed as Landlord's consent to Tenant causing work to be done in return the Premises in a manner or under conditions which entitle the person doing the work or furnishing the materials to a mechanic's or materialmen's lientheir original condition, wear and tear and casualty excepted. As a condition precedent to Landlord's consent to the making by Tenant of such Tenant's Improvements to the Premises, Tenant agrees to obtain All alterations and deliver to Landlord written and unconditional waivers of mechanic's liens upon the real property in which the Premises are located, for all work, labor and services to be performed and materials to be furnished in connection with such work, signed by all contractors, subcontractors, materialmen and laborers who contract for or intend to perform such work. Notwithstanding the foregoing, if any mechanic's lien or other lien is filed against the Premises or the Landlord's Building for work claimed to have been done for, or materials claimed to have been furnished to Tenant, it improvements shall be discharged by Tenant included within thirty (30) days thereafter, at Tenant's expense, by filing the bond required by law, or by payment or otherwise. If any such mechanics' or other liens be filed against the Land, the Building or the Premises and Tenant fails to discharge same within thirty (30) days after such filing, then in addition to any other right or remedy of Xxxxxxxx, Xxxxxxxx may, but without obligation to do so, discharge the same by bonding or by paying the amount claimed to be due. Any amount paid by Landlord for the satisfaction of any such lien and all reasonable legal and other costs incurred by Landlord in procuring such discharge shall be payable by Tenant to Landlord as Additional Rent on demand. Tenant covenants and agrees to indemnify Landlord and hold Landlord harmless of and from any and all claims, costs, suits, damages and liability whatsoever arising out of or as a result of any such work done by Tenant or Tenant's contractors, subcontractors, agents or employees, including reasonable attorney's fees for the defense thereof. Landlord shall not be liable for any failure of any building facilities or services caused by alterations, installations and/or additions by Tenant, and Tenant shall promptly correct any such failure. In the event Tenant shall not promptly correct same, Landlord may make such correction and charge Tenant for the cost thereof. Such sum due Landlord shall be deemed Additional Rent and shall be paid by Tenant promptly upon being billed therefor. Prior to commencing any work pursuant to the provisions of this Lease, Tenant shall additionally furnish to Landlord: (i) copies of all governmental permits and authorizations which may be required in connection with such work; (ii) a certificate evidencing that Tenant (or Tenant's agents or contractors) has procured worker's compensation insurance covering all persons employed in connection with the work who might assert claims for death or bodily injury against Landlord, Tenant or Landlord's Building; and (iii) such additional personal injury and property damage insurance as Landlord may reasonably require because meaning of the nature of the work to be done by Tenant. All Improvements upon the Premises and any replacements therefor, including all paneling, decorations, partitions, railings, affixed to the realty, except furniture, movable trade fixtures and movable equipment installed at the expense of Tenant shall become the property of Landlord and shall remain upon, and be surrendered with the Premises as a part thereof at the termination of this Lease, without compensation to Tenant; unless, however, Landlord by notice given to Tenant no later than thirty (30) days prior to the end of the Term shall elect to have Tenant remove any or all such Tenant Improvements. Thereupon Tenant shall accomplish such removal at its sole cost and repair any damage caused by such removalterm “Premises” hereunder.

Subsequent Improvements. Tenant covenants shall have the right, from time to time, to make interior, non-structural alterations to the Premises as Tenant shall desire without Landlord's prior consent; provided, however, that (i) as to any Material Alteration, (A) Tenant shall submit to Landlord, at least ten (10) business days in advance of the proposed construction date, a floor plan generally depicting any changes to the configuration of space within the building and agrees a listing of the proposed alterations (and the cost thereof) to be completed in such Material Alteration, and Landlord must, in its reasonable opinion, approve or object to such Material Alteration within ten (10) business days after Landlord’s receipt of such floor plan and listing of the proposed alteration, and (B) at Landlord’s reasonable request, Tenant shall deliver to Landlord contractors’ unconditional payment and performance bonds for such work naming Landlord and Tenant as dual obligees; and (ii) as to all construction or alteration (regardless of whether any such activities constitute Material Alteration), all construction shall be completed in a workmanlike manner and in compliance with applicable laws, at Tenant’s sole expense. Landlord’s failure to respond to Tenant’s request for approval of any proposed Material Alteration within ten (10) business days after Landlord’s receipt thereof shall be deemed to constitute Landlord’s approval of such proposed Material Alteration. In the event Landlord objects to any proposed Material Alteration as provided above, Tenant may re-submit a revised floor plan and/or listing of the proposed Tenant’s Improvements for review by Landlord as provided in this Section 5(a)(ii). Changes or alterations to any floor plan and listing of proposed Material Alteration previously approved by Landlord that would affect the total cost thereof by more than Ten Thousand and No/100 Dollars ($10,000.00) shall constitute new Material Alteration which must be submitted to Landlord or approval as provided above in this Section 5(a)(ii). One reproducible final copy of the plans for all completed Material Alterations shall be signed by Tenant and submitted to Landlordwithin ninety (90) days following the completion thereof. All alterations shall not weaken the structural strength or materially decrease the value of the Premises and shall be constructed in compliance with the requirements of this Lease. Prior to the commencement of construction, all required approvals of such construction must have been obtained from the applicable governmental authorities and utilities having jurisdiction thereof. Upon completion of the construction or alteration, Tenant shall provide Landlord: (i) with respect to a Material Alteration, a certification from the applicable construction contractor, architect or engineer that such alterations or improvements have been constructed, altered or changed in strict compliance with all applicablelaws, and (ii) with respect to a Material Alteration, a fully executed lien waiver, in a form reasonably acceptable to Landlord, from each contractor or subcontractor participating in such construction or alteration or change of such alterations or improvements, if and as applicable. Landlord shall be permitted to inspect such constructed, altered or changed improvements, at Landlord's expense. Except as set forth herein, Tenant shall not make remove or erect demolish, in whole or in part, any improvements, alterations, replacements, additions alterations or accessions improvements upon or any other tenant improvements (individually and collectively referred to herein as "Tenant Improvements") in any manner whatsoever to the Building or to within the Premises without the prior written consent approval of Landlord, which consent shall not be unreasonably withheld or delayed. For the purposes of this Lease, "Tenant's Improvements" shall include and be defined to mean all work required to be done in preparing the Premises so that it may be operated for business (other than the Construction Work), as well as all alterations, decorations, installations, additions or improvements to the Premises occurring thereafter. Tenant covenants and agrees that all Tenant's Improvements shall be done at Tenant's full cost and expense, shall comply with all applicable governmental regulations, shall be done only by contractors, subcontractors and mechanics with respect to whom Landlord has consented, which consent shall not be unreasonably withheld, shall be done in a manner which will assure labor harmony at the site and shall be done in a manner which will not unreasonably interfere with the construction work or other tenants of Landlord's Building. Tenant agrees to provide Landlord copies of all plans and specifications for such improvements, alterations, replacements or accessions and with the name of the general contractor and, if known, names of any subcontractors and mechanics who are to perform such work at least fifteen (15) days in advance of the commencement of any such work. Landlord shall, within three (3) business days. of receipt of such copies from Tenant, notify Tenant as to whether Landlord consents to such plans, specifications, contractors, subcontractors, etc., which consent shall not be unreasonably withheld, or whether such consent is withheld, in which case Tenant's contemplated construction shall not commence. All electrical and/or mechanical contractors must be specifically approved by Landlord which approval may be withheld in Landlord's sole discretion. Notwithstanding conditioned upon the aforesaid, Landlord's consent obligation of Tenant to Tenant's plans, specifications, contractors, subcontractors, etc. shall not be construed as Landlord's consent to Tenant causing work to be done in return the Premises in a manner or under conditions which entitle the person doing the work or furnishing the materials to a mechanic's or materialmen's lientheir original condition, wear and tear and casualty excepted. As a condition precedent to Landlord's consent to the making by Tenant of such Tenant's Improvements to the Premises, Tenant agrees to obtain All alterations and deliver to Landlord written and unconditional waivers of mechanic's liens upon the real property in which the Premises are located, for all work, labor and services to be performed and materials to be furnished in connection with such work, signed by all contractors, subcontractors, materialmen and laborers who contract for or intend to perform such work. Notwithstanding the foregoing, if any mechanic's lien or other lien is filed against the Premises or the Landlord's Building for work claimed to have been done for, or materials claimed to have been furnished to Tenant, it improvements shall be discharged by Tenant included within thirty (30) days thereafter, at Tenant's expense, by filing the bond required by law, or by payment or otherwise. If any such mechanics' or other liens be filed against the Land, the Building or the Premises and Tenant fails to discharge same within thirty (30) days after such filing, then in addition to any other right or remedy of Xxxxxxxx, Xxxxxxxx may, but without obligation to do so, discharge the same by bonding or by paying the amount claimed to be due. Any amount paid by Landlord for the satisfaction of any such lien and all reasonable legal and other costs incurred by Landlord in procuring such discharge shall be payable by Tenant to Landlord as Additional Rent on demand. Tenant covenants and agrees to indemnify Landlord and hold Landlord harmless of and from any and all claims, costs, suits, damages and liability whatsoever arising out of or as a result of any such work done by Tenant or Tenant's contractors, subcontractors, agents or employees, including reasonable attorney's fees for the defense thereof. Landlord shall not be liable for any failure of any building facilities or services caused by alterations, installations and/or additions by Tenant, and Tenant shall promptly correct any such failure. In the event Tenant shall not promptly correct same, Landlord may make such correction and charge Tenant for the cost thereof. Such sum due Landlord shall be deemed Additional Rent and shall be paid by Tenant promptly upon being billed therefor. Prior to commencing any work pursuant to the provisions of this Lease, Tenant shall additionally furnish to Landlord: (i) copies of all governmental permits and authorizations which may be required in connection with such work; (ii) a certificate evidencing that Tenant (or Tenant's agents or contractors) has procured worker's compensation insurance covering all persons employed in connection with the work who might assert claims for death or bodily injury against Landlord, Tenant or Landlord's Building; and (iii) such additional personal injury and property damage insurance as Landlord may reasonably require because meaning of the nature of the work to be done by Tenant. All Improvements upon the Premises and any replacements therefor, including all paneling, decorations, partitions, railings, affixed to the realty, except furniture, movable trade fixtures and movable equipment installed at the expense of Tenant shall become the property of Landlord and shall remain upon, and be surrendered with the Premises as a part thereof at the termination of this Lease, without compensation to Tenant; unless, however, Landlord by notice given to Tenant no later than thirty (30) days prior to the end of the Term shall elect to have Tenant remove any or all such Tenant Improvements. Thereupon Tenant shall accomplish such removal at its sole cost and repair any damage caused by such removalterm “Premises” hereunder.

Subsequent Improvements. Tenant covenants and agrees Landlord acknowledges that Tenant shall not make or erect any improvements, alterations, replacements, additions or accessions or any other tenant improvements is leasing the Premises with an option to require Landlord to expand the Premises at some time during the first twenty-four (individually and collectively referred 24) months of the Lease Term to herein as "Tenant Improvements"include (1) in any manner whatsoever an addition to the Building or for chemical storage of approximately 15,000 square feet, with a blast wall to separate the Premises without chemical storage area from the prior written consent rest of Landlord, which consent shall not be unreasonably withheld or delayed. For the purposes of this Lease, "Tenant's Improvements" shall include Building and be defined (2) to mean all work required to be done in preparing the Premises so that it may be operated for business (other than the Construction Work), as well as all alterations, decorations, installations, additions or improvements to the Premises occurring thereafterconstruct a loading dock. Tenant covenants and agrees that all Tenant's Improvements shall be done at Tenant's full cost and expense, shall comply with all applicable governmental regulations, shall be done only by contractors, subcontractors and mechanics with respect to whom will provide Landlord has consented, which consent shall not be unreasonably withheld, shall be done in a manner which will assure labor harmony at the site and shall be done in a manner which will not unreasonably interfere with the construction work or other tenants of Landlord's Building. Tenant agrees to provide Landlord copies of all plans and specifications for such improvementsexpansion. As promptly as practical thereafter, alterationsLxxxxxxx will obtain fixed price bids for the expansion from Wxxxxxx Davco and other contractors acceptable to Landlord and Tenant. If Tenant approves in writing a bid for this expansion, replacements then Landlord shall complete or accessions cause the selected contractor to complete the expansion in good and workmanlike manner, in accordance with all laws, codes, and ordinances, and in accordance with the name plans and specifications provided by Tenant as promptly as practical. The cost of the general contractor and, if known, names of any subcontractors and mechanics who are to perform such work at least fifteen (15) days in advance of the commencement of any such work. Landlord shall, within three (3) business days. of receipt of such copies from Tenant, notify Tenant expansion as to whether Landlord consents to such plans, specifications, contractors, subcontractors, etc., which consent shall not be unreasonably withheld, or whether such consent is withheld, in which case Tenant's contemplated construction shall not commence. All electrical and/or mechanical contractors must be specifically approved by Landlord which approval may be withheld in Landlord's sole discretion. Notwithstanding the aforesaid, Landlord's consent to Tenant's plans, specifications, contractors, subcontractors, etc. shall not be construed as Landlord's consent to Tenant causing work to be done reflected in the Premises in a manner or under conditions which entitle the person doing the work or furnishing the materials to a mechanic's or materialmen's lien. As a condition precedent to Landlord's consent approved bid and any additions to the making bid approved in writing by Tenant of such Tenant's Improvements to the Premises, Tenant agrees to obtain Txxxxx and deliver to Landlord written and unconditional waivers of mechanic's liens upon the real property in which the Premises are located, for all work, labor and services to be performed and materials to be furnished in connection with such work, signed by all contractors, subcontractors, materialmen and laborers who contract for or intend to perform such work. Notwithstanding the foregoing, if any mechanic's lien or other lien is filed against the Premises or the Landlord's Building for work claimed to have been done for, or materials claimed to have been furnished to Tenant, it shall be discharged by Tenant within thirty (30) days thereafter, at Tenant's expense, by filing the bond required by law, or by payment or otherwise. If any such mechanics' or other liens be filed against the Land, the Building or the Premises and Tenant fails to discharge same within thirty (30) days after such filing, then in addition to any other right or remedy of Xxxxxxxx, Xxxxxxxx may, but without obligation to do so, discharge the same by bonding or by paying the amount claimed to be due. Any amount paid by Landlord for the satisfaction of any such lien and all reasonable legal and other costs incurred by Landlord in procuring such discharge shall be payable by Tenant to Landlord as Additional Rent on demand. Tenant covenants and agrees to indemnify Landlord and hold Landlord harmless of and from any and all claims, costs, suits, damages and liability whatsoever arising out of or as a result of any such work done by Tenant or Tenant's contractors, subcontractors, agents or employees, including reasonable attorney's fees for the defense thereof. Landlord shall not be liable for any failure of any building facilities or services caused by alterations, installations and/or additions by Tenant, and Tenant shall promptly correct any such failure. In the event Tenant shall not promptly correct same, Landlord may make such correction and charge Tenant for the cost thereof. Such sum due Landlord shall be deemed Additional Rent and shall be paid by Tenant promptly Landlord. Landlord’s payment shall be amortized as Additional Rent to be paid by Txxxxx as Additional Rent together with Base Rent in equal monthly installments over the remaining Lease Term, together with the interest on the unpaid balance thereof at seven percent (7.0%) per annum, commencing upon being billed thereforissuance of a certificate of occupancy for the expansion space. Prior If Landlord is unwilling or fails to commencing any work pursuant complete the expansion as herein provided, then Txxxxx’s sole remedy therefor shall be to the provisions of terminate this Lease, Tenant shall additionally furnish Lease upon ninety (90) days prior written notice to Landlord: (i) copies of all governmental permits and authorizations which may be required in connection , with such work; (ii) a certificate evidencing that Tenant (or Tenant's agents or contractors) has procured worker's compensation insurance covering all persons employed in connection with the work who might assert claims for death or bodily injury against Landlord, Tenant or Landlord's Building; and (iii) such additional personal injury and property damage insurance as Landlord may reasonably require because of the nature of the work notice to be done by Tenant. All Improvements upon the Premises and any replacements therefor, including all paneling, decorations, partitions, railings, affixed effective to the realty, except furniture, movable trade fixtures and movable equipment installed at the expense of Tenant shall become the property of Landlord and shall remain upon, and be surrendered with the Premises as a part thereof at the termination of this Lease, without compensation to Tenant; unless, however, provided Landlord by notice given to Tenant no later than thirty the thirty-sixth (3036th) days prior to the end month of the Term shall elect to have Tenant remove any or all such Tenant Improvements. Thereupon Tenant shall accomplish such removal at its sole cost and repair any damage caused by such removalLease Term.

Subsequent Improvements. Tenant covenants and agrees Landlord acknowledges that Tenant shall not make or erect any improvements, alterations, replacements, additions or accessions or any other tenant improvements is leasing the Premises with an option to require Landlord to expand the Premises at some time during the first twenty-four (individually and collectively referred 24) months of the Lease Term to herein as "Tenant Improvements"include (1) in any manner whatsoever an addition to the Building or for chemical storage of approximately 15,000 square feet, with a blast wall to separate the Premises without chemical storage area from the prior written consent rest of Landlord, which consent shall not be unreasonably withheld or delayed. For the purposes of this Lease, "Tenant's Improvements" shall include Building and be defined (2) to mean all work required to be done in preparing the Premises so that it may be operated for business (other than the Construction Work), as well as all alterations, decorations, installations, additions or improvements to the Premises occurring thereafterconstruct a loading dock. Tenant covenants and agrees that all Tenant's Improvements shall be done at Tenant's full cost and expense, shall comply with all applicable governmental regulations, shall be done only by contractors, subcontractors and mechanics with respect to whom will provide Landlord has consented, which consent shall not be unreasonably withheld, shall be done in a manner which will assure labor harmony at the site and shall be done in a manner which will not unreasonably interfere with the construction work or other tenants of Landlord's Building. Tenant agrees to provide Landlord copies of all plans and specifications for such improvementsexpansion. As promptly as practical thereafter, alterationsLandlord will obtain fixed price bids for the expansion from Wxxxxxx Davco and other contractors acceptable to Landlord and Tenant. If Tenant approves in writing a bid for this expansion, replacements then Landlord shall complete or accessions cause the selected contractor to complete the expansion in good and workmanlike manner, in accordance with all laws, codes, and ordinances, and in accordance with the name plans and specifications provided by Tenant as promptly as practical. The cost of the general contractor and, if known, names of any subcontractors and mechanics who are to perform such work at least fifteen (15) days in advance of the commencement of any such work. Landlord shall, within three (3) business days. of receipt of such copies from Tenant, notify Tenant expansion as to whether Landlord consents to such plans, specifications, contractors, subcontractors, etc., which consent shall not be unreasonably withheld, or whether such consent is withheld, in which case Tenant's contemplated construction shall not commence. All electrical and/or mechanical contractors must be specifically approved by Landlord which approval may be withheld in Landlord's sole discretion. Notwithstanding the aforesaid, Landlord's consent to Tenant's plans, specifications, contractors, subcontractors, etc. shall not be construed as Landlord's consent to Tenant causing work to be done reflected in the Premises in a manner or under conditions which entitle the person doing the work or furnishing the materials to a mechanic's or materialmen's lien. As a condition precedent to Landlord's consent approved bid and any additions to the making bid approved in writing by Tenant of such Tenant's Improvements to the Premises, Tenant agrees to obtain and deliver to Landlord written and unconditional waivers of mechanic's liens upon the real property in which the Premises are located, for all work, labor and services to be performed and materials to be furnished in connection with such work, signed by all contractors, subcontractors, materialmen and laborers who contract for or intend to perform such work. Notwithstanding the foregoing, if any mechanic's lien or other lien is filed against the Premises or the Landlord's Building for work claimed to have been done for, or materials claimed to have been furnished to Tenant, it shall be discharged by Tenant within thirty (30) days thereafter, at Tenant's expense, by filing the bond required by law, or by payment or otherwise. If any such mechanics' or other liens be filed against the Land, the Building or the Premises and Tenant fails to discharge same within thirty (30) days after such filing, then in addition to any other right or remedy of Xxxxxxxx, Xxxxxxxx may, but without obligation to do so, discharge the same by bonding or by paying the amount claimed to be due. Any amount paid by Landlord for the satisfaction of any such lien and all reasonable legal and other costs incurred by Landlord in procuring such discharge shall be payable by Tenant to Landlord as Additional Rent on demand. Tenant covenants and agrees to indemnify Landlord and hold Landlord harmless of and from any and all claims, costs, suits, damages and liability whatsoever arising out of or as a result of any such work done by Tenant or Tenant's contractors, subcontractors, agents or employees, including reasonable attorney's fees for the defense thereof. Landlord shall not be liable for any failure of any building facilities or services caused by alterations, installations and/or additions by Tenant, and Tenant shall promptly correct any such failure. In the event Tenant shall not promptly correct same, Landlord may make such correction and charge Tenant for the cost thereof. Such sum due Landlord shall be deemed Additional Rent and shall be paid by Landlord. Landlord’s payment shall be amortized as Additional Rent to be paid by Tenant promptly as Additional Rent together with Base Rent in equal monthly installments over the remaining Lease Term, together with the interest on the unpaid balance thereof at seven percent (7.0%) per annum, commencing upon being billed thereforissuance of a certificate of occupancy for the expansion space. Prior If Landlord is unwilling or fails to commencing any work pursuant complete the expansion as herein provided, then Tenant’s sole remedy therefor shall be to the provisions of terminate this Lease, Tenant shall additionally furnish Lease upon ninety (90) days prior written notice to Landlord: (i) copies of all governmental permits and authorizations which may be required in connection , with such work; (ii) a certificate evidencing that Tenant (or Tenant's agents or contractors) has procured worker's compensation insurance covering all persons employed in connection with the work who might assert claims for death or bodily injury against Landlord, Tenant or Landlord's Building; and (iii) such additional personal injury and property damage insurance as Landlord may reasonably require because of the nature of the work notice to be done by Tenant. All Improvements upon the Premises and any replacements therefor, including all paneling, decorations, partitions, railings, affixed effective to the realty, except furniture, movable trade fixtures and movable equipment installed at the expense of Tenant shall become the property of Landlord and shall remain upon, and be surrendered with the Premises as a part thereof at the termination of this Lease, without compensation to Tenant; unless, however, provided Landlord by notice given to Tenant no later than thirty the thirty-sixth (3036th) days prior to the end month of the Term shall elect to have Tenant remove any or all such Tenant Improvements. Thereupon Tenant shall accomplish such removal at its sole cost and repair any damage caused by such removalLease Term.

Subsequent Improvements. Tenant covenants shall have the right, from time to time, to make interior, non-structural alterations to the Premises as Tenant shall desire without Landlord's prior consent; provided, however, that (i) as to any Material Alteration, (A) Tenant shall submit to Landlord, at least ten (10) business days in advance of the proposed construction date, a floor plan generally depicting any changes to the configuration of space within the building and agrees a listing of the proposed alterations (and the cost thereof) to be completed in such Material Alteration, and Landlord must, in its reasonable opinion, approve or object to such Material Alteration within ten (10) business days after Landlord’s receipt of such floor plan and listing of the proposed alteration, and (B) at Landlord’s reasonable request, Tenant shall deliver to Landlord contractors’ unconditional payment and performance bonds for such work naming Landlord and Tenant as dual obligees; and (ii) as to all construction or alteration (regardless of whether any such activities constitute Material Alteration), (A) all construction shall be completed in a workmanlike manner and in compliance with applicable laws, at Tenant’s sole expense, and (B) such construction or alteration shall not reduce the fair market value of the Premises. Landlord’s failure to respond to Tenant’s request for approval of any proposed Material Alteration within ten (10) business days after Landlord’s receipt thereof shall be deemed to constitute Landlord’s disapproval of such proposed Material Alteration. In the event Landlord objects to any proposed Material Alteration as provided above, Tenant may re-submit a revised floor plan and/or listing of the proposed Tenant’s Improvements for review by Landlord as provided in this Section 5(a)(ii). Changes or alterations to any floor plan and listing of proposed Material Alteration previously approved by Landlord that would affect the total cost thereof by more than Ten Thousand and No/100 Dollars ($10,000.00) shall constitute new Material Alteration which must be submitted to Landlord or approval as provided above in this Section 5(a)(ii). One reproducible final copy of the plans for all completed Material Alterations shall be signed by Tenant and submitted to Landlord within ninety (90) days following the completion thereof. All alterations shall not weaken or impair the structural strength or materially decrease the value of the Premises and shall be constructed in compliance with the requirements of this Lease. Prior to the commencement of construction, all required approvals of such construction must have been obtained from the applicable governmental authorities and utilities having jurisdiction thereof. Upon completion of the construction or alteration, Tenant shall provide Landlord: (i) with respect to a Material Alteration, a certification from the applicable construction contractor, architect or engineer that such alterations or improvements have been constructed, altered or changed in strict compliance with all applicable laws, and (ii) with respect to a Material Alteration, a fully executed lien waiver, in a form reasonably acceptable to Landlord, from each contractor or subcontractor participating in such construction or alteration or change of such alterations or improvements, if and as applicable. Landlord shall be permitted to inspect such constructed, altered or changed improvements. Except as set forth herein, Tenant shall not make remove or erect demolish, in whole or in part, any improvements, alterations, replacements, additions alterations or accessions improvements upon or any other tenant improvements (individually and collectively referred to herein as "Tenant Improvements") in any manner whatsoever to the Building or to within the Premises without the prior written consent approval of Landlord, which consent shall not be unreasonably withheld or delayed. For the purposes of this Lease, "Tenant's Improvements" shall include and be defined to mean all work required to be done in preparing the Premises so that it may be operated for business (other than the Construction Work), as well as all alterations, decorations, installations, additions or improvements to the Premises occurring thereafter. Tenant covenants and agrees that all Tenant's Improvements shall be done at Tenant's full cost and expense, shall comply with all applicable governmental regulations, shall be done only by contractors, subcontractors and mechanics with respect to whom Landlord has consented, which consent shall not be unreasonably withheld, shall be done in a manner which will assure labor harmony at the site and shall be done in a manner which will not unreasonably interfere with the construction work or other tenants of Landlord's Building. Tenant agrees to provide Landlord copies of all plans and specifications for such improvements, alterations, replacements or accessions and with the name of the general contractor and, if known, names of any subcontractors and mechanics who are to perform such work at least fifteen (15) days in advance of the commencement of any such work. Landlord shall, within three (3) business days. of receipt of such copies from Tenant, notify Tenant as to whether Landlord consents to such plans, specifications, contractors, subcontractors, etc., which consent shall not be unreasonably withheld, or whether such consent is withheld, in which case Tenant's contemplated construction shall not commence. All electrical and/or mechanical contractors must be specifically approved by Landlord which approval may be withheld in Landlord's sole discretion. Notwithstanding conditioned upon the aforesaid, Landlord's consent obligation of Tenant to Tenant's plans, specifications, contractors, subcontractors, etc. shall not be construed as Landlord's consent to Tenant causing work to be done in return the Premises in a manner or under conditions which entitle the person doing the work or furnishing the materials to a mechanic's or materialmen's lientheir original condition, wear and tear and casualty excepted. As a condition precedent to Landlord's consent to the making by Tenant of such Tenant's Improvements to the Premises, Tenant agrees to obtain All alterations and deliver to Landlord written and unconditional waivers of mechanic's liens upon the real property in which the Premises are located, for all work, labor and services to be performed and materials to be furnished in connection with such work, signed by all contractors, subcontractors, materialmen and laborers who contract for or intend to perform such work. Notwithstanding the foregoing, if any mechanic's lien or other lien is filed against the Premises or the Landlord's Building for work claimed to have been done for, or materials claimed to have been furnished to Tenant, it improvements shall be discharged by Tenant included within thirty (30) days thereafter, at Tenant's expense, by filing the bond required by law, or by payment or otherwise. If any such mechanics' or other liens be filed against the Land, the Building or the Premises and Tenant fails to discharge same within thirty (30) days after such filing, then in addition to any other right or remedy of Xxxxxxxx, Xxxxxxxx may, but without obligation to do so, discharge the same by bonding or by paying the amount claimed to be due. Any amount paid by Landlord for the satisfaction of any such lien and all reasonable legal and other costs incurred by Landlord in procuring such discharge shall be payable by Tenant to Landlord as Additional Rent on demand. Tenant covenants and agrees to indemnify Landlord and hold Landlord harmless of and from any and all claims, costs, suits, damages and liability whatsoever arising out of or as a result of any such work done by Tenant or Tenant's contractors, subcontractors, agents or employees, including reasonable attorney's fees for the defense thereof. Landlord shall not be liable for any failure of any building facilities or services caused by alterations, installations and/or additions by Tenant, and Tenant shall promptly correct any such failure. In the event Tenant shall not promptly correct same, Landlord may make such correction and charge Tenant for the cost thereof. Such sum due Landlord shall be deemed Additional Rent and shall be paid by Tenant promptly upon being billed therefor. Prior to commencing any work pursuant to the provisions of this Lease, Tenant shall additionally furnish to Landlord: (i) copies of all governmental permits and authorizations which may be required in connection with such work; (ii) a certificate evidencing that Tenant (or Tenant's agents or contractors) has procured worker's compensation insurance covering all persons employed in connection with the work who might assert claims for death or bodily injury against Landlord, Tenant or Landlord's Building; and (iii) such additional personal injury and property damage insurance as Landlord may reasonably require because meaning of the nature of the work to be done by Tenant. All Improvements upon the Premises and any replacements therefor, including all paneling, decorations, partitions, railings, affixed to the realty, except furniture, movable trade fixtures and movable equipment installed at the expense of Tenant shall become the property of Landlord and shall remain upon, and be surrendered with the Premises as a part thereof at the termination of this Lease, without compensation to Tenant; unless, however, Landlord by notice given to Tenant no later than thirty (30) days prior to the end of the Term shall elect to have Tenant remove any or all such Tenant Improvements. Thereupon Tenant shall accomplish such removal at its sole cost and repair any damage caused by such removalterm “Premises” hereunder.

Subsequent Improvements. Tenant covenants and agrees that Tenant shall not make or erect any improvements, alterations, replacements, additions or accessions or any other tenant improvements (individually and collectively referred to herein as "Tenant Improvements") in any manner whatsoever to the Building or to the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. For the purposes of this Lease, "Tenant's Improvements" shall include and be defined to mean all work required to be done in preparing the Premises so that it may be operated for business (other than the Construction Work), as well as all alterations, decorations, installations, additions or improvements to the Premises occurring thereafter. Tenant covenants and agrees that all Tenant's Improvements shall be done at Tenant's full cost and expense, shall comply with all applicable governmental regulations, shall be done only by contractors, subcontractors and mechanics with respect to whom Landlord has consented, which consent shall not be unreasonably withheld, shall be done in a manner which will assure labor harmony at the site and shall be done in a manner which will not unreasonably interfere with the construction work or other tenants of Landlord's Building. Tenant agrees to provide Landlord copies of all plans and specifications for such improvements, alterations, replacements or accessions and with the name of the general contractor and, if known, names of any subcontractors and mechanics who are to perform such work at least fifteen (15) days in advance of the commencement of any such work. Landlord shall, within three (3) business days. of receipt of such copies from Tenant, notify Tenant as to whether Landlord consents to such plans, specifications, contractors, subcontractors, etc., which consent shall not be unreasonably withheld, or whether such consent is withheld, in which case Tenant's contemplated construction shall not commence. All electrical and/or mechanical contractors must be specifically approved by Landlord which approval may be withheld in Landlord's sole discretion. Notwithstanding the aforesaid, Landlord's consent to Tenant's plans, specifications, contractors, subcontractors, etc. shall not be construed as Landlord's consent to Tenant causing work to be done in the Premises in a manner or under conditions which entitle the person doing the work or furnishing the materials to a mechanic's or materialmen's lien. As a condition precedent to Landlord's consent to the making by Tenant of such Tenant's Improvements to the Premises, Tenant agrees to obtain and deliver to Landlord written and unconditional waivers of mechanic's liens upon the real property in which the Premises are located, for all work, labor and services to be performed and materials to be furnished in connection with such work, signed by all contractors, subcontractors, materialmen and laborers who contract for or intend to perform such work. Notwithstanding the foregoing, if any mechanic's lien or other lien is filed against the Premises or the Landlord's Building for work claimed to have been done for, or materials claimed to have been furnished to Tenant, it shall be discharged by Tenant within thirty (30) days thereafter, at Tenant's expense, by filing the bond required by law, or by payment or otherwise. If any such mechanics' or other liens be filed against the Land, the Building or the Premises and Tenant fails to discharge same within thirty (30) days after such filing, then in addition to any other right or remedy of XxxxxxxxLandlord, Xxxxxxxx Landlord may, but without obligation to do so, discharge the same by bonding or by paying the amount claimed to be due. Any amount paid by Landlord for the satisfaction of any such lien and all reasonable legal and other costs incurred by Landlord in procuring such discharge shall be payable by Tenant to Landlord as Additional Rent on demand. Tenant covenants and agrees to indemnify Landlord and hold Landlord harmless of and from any and all claims, costs, suits, damages and liability whatsoever arising out of or as a result of any such work done by Tenant or Tenant's contractors, subcontractors, agents or employees, including reasonable attorney's fees for the defense thereof. Landlord shall not be liable for any failure of any building facilities or services caused by alterations, installations and/or additions by Tenant, and Tenant shall promptly correct any such failure. In the event Tenant shall not promptly correct same, Landlord may make such correction and charge Tenant for the cost thereof. Such sum due Landlord shall be deemed Additional Rent and shall be paid by Tenant promptly upon being billed therefor. Prior to commencing any work pursuant to the provisions of this Lease, Tenant shall additionally furnish to Landlord: (i) copies of all governmental permits and authorizations which may be required in connection with such work; (ii) a certificate evidencing that Tenant (or Tenant's agents or contractors) has procured worker's compensation insurance covering all persons employed in connection with the work who might assert claims for death or bodily injury against Landlord, Tenant or Landlord's Building; and (iii) such additional personal injury and property damage insurance as Landlord may reasonably require because of the nature of the work to be done by Tenant. All Improvements upon the Premises and any replacements therefor, including all paneling, decorations, partitions, railings, affixed to the realty, except furniture, movable trade fixtures and movable equipment installed at the expense of Tenant shall become the property of Landlord and shall remain upon, and be surrendered with the Premises as a part thereof at the termination of this Lease, without compensation to Tenant; unless, however, Landlord by notice given to Tenant no later than thirty (303 0) days prior to the end of the Term shall elect to have Tenant remove any or all such Tenant Improvements. Thereupon Tenant shall accomplish such removal at its sole cost and repair any damage caused by such removal.

Subsequent Improvements. Other than the initial alterations contemplated in Section 6.1, Tenant covenants and agrees that Tenant shall may not make or erect any improvementschanges, additions, alterations, replacements, improvements or additions or accessions or any other tenant improvements (individually and collectively referred to herein as "Tenant Improvements") in any manner whatsoever to the Building or to the Premises or attach or affix any articles thereto without the Landlord's prior written consent of Landlordconsent, which consent Landlord shall not unreasonably withhold. All alterations, additions, or improvements which may be made upon the Premises by Landlord or Tenant (except unattached trade fixtures and office furniture and equipment owned by Tenant) shall not be unreasonably withheld or delayedremoved by Tenant, but shall become and remain the property of Landlord. For the purposes of this Lease, "Tenant's Improvements" shall include and be defined to mean all work required to be done in preparing the Premises so that it may be operated for business (other than the Construction Work), as well as all All alterations, decorationsimprovements, installations, and additions or improvements to the Premises occurring thereafter. Tenant covenants and agrees that all Tenant's Improvements shall be done at Tenant's full cost and expense, shall comply with all applicable governmental regulations, (as permitted by Landlord) shall be done only by contractorsLandlord or contractors or mechanics approved by Landlord, subcontractors and mechanics with respect to whom Landlord has consented, which consent shall not be unreasonably withheld, shall be done in a manner which will assure labor harmony at the site and shall be done in a manner which will not unreasonably interfere with the construction work or other tenants of Landlord's Building. Tenant agrees to provide Landlord copies of all plans and specifications for such improvements, alterations, replacements or accessions and with the name of the general contractor and, if known, names of any subcontractors and mechanics who are to perform such work at least fifteen (15) days in advance of the commencement of any such work. Landlord shall, within three (3) business days. of receipt of such copies from Tenant, notify Tenant as to whether Landlord consents to such plans, specifications, contractors, subcontractors, etc., which consent shall not be unreasonably withheld, or whether such consent is withheld, in which case Tenant's contemplated construction shall not commencesole expense and at such times and in such manner as Landlord may approve. All electrical and/or mechanical contractors must be specifically approved by Landlord which approval may be withheld in Landlord's sole discretion. Notwithstanding the aforesaid, Landlord's consent to Tenant's plans, specifications, contractors, subcontractors, etc. shall not be construed as Landlord's consent to Tenant causing work to be done in the Premises in a manner or under conditions which entitle the person doing the work or furnishing the materials to a mechanic's Any mechanics or materialmen's lien. As lien for which Landlord has received a condition precedent notice of intent to Landlord's consent to the making by Tenant of such Tenant's Improvements to the Premises, Tenant agrees to obtain and deliver to Landlord written and unconditional waivers of mechanic's liens upon the real property in file or which the Premises are located, for all work, labor and services to be performed and materials to be furnished in connection with such work, signed by all contractors, subcontractors, materialmen and laborers who contract for or intend to perform such work. Notwithstanding the foregoing, if any mechanic's lien or other lien is has been filed against the Premises or the Landlord's Building for arising out of work claimed to have been done for, or materials claimed to have been furnished to or on behalf of Tenant, it Its contractors or subcontractors shall be discharged discharged, bonded over, or otherwise satisfied by Tenant within thirty ten (3010) days thereafterfollowing the earlier of the date Landlord receives (a) notice of intent to file a lien or (b) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant's expense, by filing the bond required by law, or by payment or otherwise. If any such mechanics' or other liens be filed against the Land, the Building or the Premises and Tenant fails to discharge same within thirty (30) days after such filing, then in addition to any other right or remedy of Xxxxxxxx, Xxxxxxxx may, but without obligation to do so, discharge the same by bonding or by paying the amount claimed to be due. Any amount paid expended by Landlord for the satisfaction of any such lien and all reasonable legal and other costs incurred by Landlord in procuring such discharge shall be payable by Tenant to Landlord as Additional Rent on demand. Tenant covenants and agrees to indemnify Landlord and hold Landlord harmless of and from any and all claims, costs, suits, damages and liability whatsoever arising out of or as a result of any such work done by Tenant or Tenant's contractors, subcontractors, agents or employeesLandlord, including reasonable attorney's fees for the defense thereof. Landlord shall not be liable for any failure of any building facilities or services caused by alterationsattorneys' fees, installations and/or additions by Tenant, and Tenant shall promptly correct any such failure. In the event Tenant shall not promptly correct same, Landlord may make such correction and charge Tenant for the cost thereof. Such sum due Landlord shall be deemed Additional Rent and shall be paid by Tenant promptly upon being billed therefor. Prior to commencing any work pursuant to the provisions of this Lease, Tenant shall additionally furnish to Landlord: within ten (i10) copies of all governmental permits and authorizations which may be required in connection with such work; (ii) a certificate evidencing that Tenant (or days following Tenant's agents or contractors) has procured worker's compensation insurance covering all persons employed in connection with the work who might assert claims for death or bodily injury against receipt of a xxxx from Landlord, Tenant or Landlord's Building; and (iii) such additional personal injury and property damage insurance as Landlord may reasonably require because of the nature of the work to be done by Tenant. All Improvements upon the Premises and any replacements therefor, including all paneling, decorations, partitions, railings, affixed to the realty, except furniture, movable trade fixtures and movable equipment installed at the expense of Tenant shall become the property of Landlord and shall remain upon, and be surrendered with the Premises as a part thereof at the termination of this Lease, without compensation to Tenant; unless, however, Landlord by notice given to Tenant no later than thirty (30) days prior to the end of the Term shall elect to have Tenant remove any or all such Tenant Improvements. Thereupon Tenant shall accomplish such removal at its sole cost and repair any damage caused by such removal.

Subsequent Improvements. Tenant covenants and agrees that Tenant shall not also have the right to make or erect any improvementsadditions, alterations, replacementschanges and improvements, structural and nonstructural, including but not limited to construction of additional buildings and additions or accessions or any other tenant improvements (individually and collectively referred to herein as "Tenant Improvements") in any manner whatsoever to the Building or then existing buildings, as Tenant shall desire; provided, however, (x) as to any structural changes (but only if the Premises without cost of such change exceeds $100,000.00 (the prior written consent "Alteration Amount")), (i) Tenant shall submit plans of Landlordall such changes to Landlord at least thirty (30) days in advance of the proposed construction date, which consent shall not be unreasonably withheld or delayed. For the purposes of this Lease, "Tenant's Improvements" shall include and be defined to mean all work required to be done in preparing the Premises so that it may be operated for business (other than the Construction Work), as well as all alterations, decorations, installations, additions or improvements to the Premises occurring thereafter. Tenant covenants and agrees that all Tenant's Improvements plans shall be done at Tenantsubject to Landlord's full cost and expense, shall comply with all applicable governmental regulations, shall be done only by contractors, subcontractors and mechanics with respect to whom Landlord has consented, approval which consent shall not be unreasonably withheld, conditional or delayed, (ii) Tenant shall provide Landlord with evidence of Tenant's financial ability to pay for such changes, and (iii) if Original Tenant has assigned or subleased its interest in this Lease to another party such assignee or sublessee shall deliver to Landlord unconditional payment and performance bonds for such work naming Landlord and such assignee or sublessee of Tenant as dual obligees, and (y) as to all changes, structural or non-structural, and regardless of whether any such change constitutes a structural change (and regardless of whether the cost of such change exceeds the Alteration Amount), (i) all such construction shall be done completed in a workmanlike manner which will assure labor harmony and in material compliance with all laws, building codes and ordinances applicable thereto, at the site Tenant's sole expense, and shall be done in a manner which will not unreasonably interfere with the construction work or other tenants of Landlord's Building. Tenant agrees to provide Landlord copies of all plans and specifications for (ii) such improvementsadditions, alterations, replacements changes and improvements (whether structural or accessions and with non-structural) shall not reduce the name fair market value of the general contractor and, if known, names of any subcontractors and mechanics who are to perform such work at least fifteen (15) days in advance of the commencement of any such work. Landlord shall, within three (3) business days. of receipt of such copies from Tenant, notify Tenant as to whether Landlord consents to such plans, specifications, contractors, subcontractors, etc., which consent shall not be unreasonably withheld, or whether such consent is withheld, in which case Tenant's contemplated construction shall not commence. All electrical and/or mechanical contractors must be specifically approved by Landlord which approval may be withheld in Landlord's sole discretion. Notwithstanding the aforesaid, Landlord's consent to Tenant's plans, specifications, contractors, subcontractors, etc. shall not be construed as Landlord's consent to Tenant causing work to be done in the Premises in a manner or under conditions which entitle the person doing the work or furnishing the materials to a mechanic's or materialmen's lien. As a condition precedent to Landlord's consent to the making by Tenant of such Tenant's Improvements to the Premises, Tenant agrees to obtain and deliver to Landlord written and unconditional waivers of mechanic's liens upon the real property in which the Premises are located, for all work, labor and services to be performed and materials to be furnished in connection with such work, signed by all contractors, subcontractors, materialmen and laborers who contract for or intend to perform such work. Notwithstanding the foregoing, if any mechanic's lien or other lien is filed against the Premises or Alteration Amount shall increase to $150,000.00 at the Landlord's Building for work claimed to have been done for, or materials claimed to have been furnished to Tenant, it shall be discharged by Tenant within thirty (30) days thereafter, at Tenant's expense, by filing the bond required by law, or by payment or otherwise. If any such mechanics' or other liens be filed against the Land, the Building or the Premises and Tenant fails to discharge same within thirty (30) days after such filing, then in addition to any other right or remedy of Xxxxxxxx, Xxxxxxxx may, but without obligation to do so, discharge the same by bonding or by paying the amount claimed to be due. Any amount paid by Landlord for the satisfaction of any such lien and all reasonable legal and other costs incurred by Landlord in procuring such discharge shall be payable by Tenant to Landlord as Additional Rent on demand. Tenant covenants and agrees to indemnify Landlord and hold Landlord harmless of and from any and all claims, costs, suits, damages and liability whatsoever arising out of or as a result of any such work done by Tenant or Tenant's contractors, subcontractors, agents or employees, including reasonable attorney's fees for the defense thereof. Landlord shall not be liable for any failure of any building facilities or services caused by alterations, installations and/or additions by Tenant, and Tenant shall promptly correct any such failure. In the event Tenant shall not promptly correct same, Landlord may make such correction and charge Tenant for the cost thereof. Such sum due Landlord shall be deemed Additional Rent and shall be paid by Tenant promptly upon being billed therefor. Prior to commencing any work pursuant to the provisions of this Lease, Tenant shall additionally furnish to Landlord: (i) copies of all governmental permits and authorizations which may be required in connection with such work; (ii) a certificate evidencing that Tenant (or Tenant's agents or contractors) has procured worker's compensation insurance covering all persons employed in connection with the work who might assert claims for death or bodily injury against Landlord, Tenant or Landlord's Building; and (iii) such additional personal injury and property damage insurance as Landlord may reasonably require because expiration of the nature of the work to be done by Tenant. All Improvements upon the Premises and any replacements therefor, including all paneling, decorations, partitions, railings, affixed to the realty, except furniture, movable trade fixtures and movable equipment installed at the expense of Tenant shall become the property of Landlord and shall remain upon, and be surrendered with the Premises as a part thereof at the termination of this Lease, without compensation to Tenant; unless, however, Landlord by notice given to Tenant no later than thirty tenth (30) days prior to the end of the Term shall elect to have Tenant remove any or all such Tenant Improvements. Thereupon Tenant shall accomplish such removal at its sole cost and repair any damage caused by such removal.10th)