Common use of Alterations and Repairs Clause in Contracts

Alterations and Repairs. 9.1 Tenant shall not make or suffer to be made any alterations, additions or improvements to or of the Demised Premises or any part thereof; or attach any fixtures or equipment thereto, without first obtaining Landlord’s written consent, which consent shall not be unreasonably withheld. All such alterations, additions and improvements shall be performed by contractors and subject to conditions specified by Landlord. If any such alterations, additions or improvements to the Demised Premises consented to by Landlord after the Commencement Date shall be made by Landlord for Tenant’s account; Tenant shall reimburse Landlord for the cost thereof (including a reasonable charge for Landlord’s overhead related thereto) as the work proceeds within five (5) days after receipt of statements therefor. All such alterations, additions and improvements shall become the property of Landlord upon the expiration or termination of this Lease and shall remain on the Demised Premises upon the expiration or termination of this Lease without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove the same, in which event Tenant shall promptly restore the Demised Premises to their condition prior to the installation of such alterations, additions and improvements; provided, however, that Tenant shall have the right to remove its moveable trade fixtures and equipment provided that it promptly restores the Demised Premises to their condition prior to the installation thereof. 9.2 Tenant shall keep the Demised Premises and every part thereof in good condition and repair, Tenant hereby waiving all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as provided by any law, statute or otherwise now or hereafter in effect All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord and in accordance with the rules relating thereto annexed to this Lease as Exhibit “E” and all applicable laws and regulations of governmental authorities having jurisdiction. Tenant shall, subject to the provisions of Section 9.1 hereof, at the end of the term hereof surrender to Landlord the Demised Premises in the same condition as when received, ordinary wear and tear and damage by fire, earthquake, act of God or the elements excepted. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof and no representations respecting the condition of the Demised Premises, the Building or the Development have been made by Landlord to Tenant except as expressly set forth in this Lease.

Alterations and Repairs. 9.1 A. Tenant shall not make any improvements or suffer alterations in or additions, changes or installations to the Premises (collectively, "Work") without submitting plans and specifications therefor to Landlord, and obtaining Landlord's prior written consent in each instance. Landlord may withhold such consent in its reasonable discretion. All Work shall be performed (a) at the sole cost and expense of Tenant by employees of or contractors employed by Landlord, or with Landlord's written consent given prior to the letting of the contract, by contractors employed by Tenant under a written contract previously approved in writing by Landlord, and (b) on such terms and under such conditions as Landlord, in its sole discretion, shall determine as will protect the Premises, the Building and the Project from improper contractors' work and against the imposition of any lien resulting from Work; without limiting the foregoing, if Landlord consents to any Work, it shall be performed subject to the following requirements: (1) If the Work is to be made done by Tenant's contractors, Tenant shall furnish to Landlord prior to commencement thereof, building permits and certificates of appropriate insurance and bonds satisfactory in all respects to Landlord. Tenant shall also furnish to Landlord, if Landlord so requests, security for the payment of all costs to be incurred in connection with the work. (2) Upon completion of any alterationsWork, additions Tenant shall furnish Landlord with contractors' affidavits and full and final waivers of lien, each conforming to the applicable Illinois statutory requirements, as-built plans of any Work and receipted bills covering all labor and materials expended and used. Insofar as applicable to the work or improvements material for which payment is requested or notice or lien claim is made, Landlord in its reasonable discretion shall make available for partial or final payment or release thereof such funds as may have been deposited with it by Tenant for the estimated cost of such Work. (3) Any Work permitted to be undertaken by Tenant's contractors shall be performed in such a fashion and by such means as necessary to maintain peace and harmony among the other contractors serving the Project and the other tenants and so as not to cause interference with the continuance of work to be performed or services to be rendered to the Project or the other tenants. (4) All Work shall comply with all insurance requirements and with all applicable laws, ordinances and regulations. All Work shall be constructed in a good and workmanlike manner, and only good grades of material shall be used with a quality equal to or better than that used in the Project. (5) Tenant shall permit Landlord to supervise all Work within the Premises. Landlord shall charge a supervisory fee not to exceed (a) ten percent (10%) of the Demised total cost of the work, including, without limitation, all labor and material costs, if Landlord's employees or contractors perform the Work, and (b) Landlord's actual out-of-pocket costs in supervising such work, if Tenant's employees or contractors perform the work. B. If Tenant desires telegraphic, telephonic, burglar alarm, computer installations or signal service (all of which shall be at Tenant's sole cost and expense), Landlord shall, upon request, direct where and how all connections and wiring for such service shall be introduced and run. In the absence of any such directions, Tenant shall make no borings, cutting or install any wires or cable in or about the Premises. C. Tenant agrees to protect, defend and indemnify Landlord, its agents, building manager and employees, the Premises, the Building and the Project from and against any and all liabilities of every kind and description which may arise out of or be connected in any way with any work, whether performed by or under the direction of Landlord and at the cost of Tenant or performed by Tenant and whether performed in compliance with this Section 5. D. Any mechanic's lien filed against the Premises or the Project or any part notice which is received by either Landlord or Tenant or filed for work or materials furnished or claimed to be furnished and deriving from Work or for materials or work claimed to have been furnished to Tenant or the Premises shall be released and discharged of record by Tenant, in either case, within twenty (20) days after such filing or receipt, whichever is applicable, at Tenant's expense. If Tenant chooses to contest such claim, notice or lien, Tenant may do so in place of causing the release and discharge thereof, provided that within said twenty (20) day period, (i) Tenant provides Landlord with a title indemnity or bond or other adequate security covering any possible lien or claim that may arise from the failure to release and discharge such claim, notice or lien; (ii) Tenant contests such claim, notice or lien in good faith by appropriate proceedings that operate to stay enforcement thereof; and (iii) Tenant promptly pays and discharges any final adverse judgment entered in any such proceeding. If Tenant has not caused the release or attach any fixtures discharge or equipment theretobegun appropriate proceedings to contest such claim, without first obtaining Landlord’s written consentnotice or lien, which consent within said twenty (20) days, Landlord may, but shall not be unreasonably withheld. All such alterationsobligated to, additions pay the amount necessary to remove the same without being responsible for making an investigation as to the validity or accuracy thereof, and improvements the amount so paid, together with all costs and expenses (including, without limitation, reasonable attorneys' fees) incurred by Landlord in connection therewith, shall be performed deemed Additional Rent hereunder, payable upon demand. Tenant has no power or authority to cause or permit any lien or encumbrance of any kind whatsoever, whether created by contractors act of Tenant, operation of law or otherwise, to attach to or be placed upon Landlord's title or interest in the Premises or the Project, and subject any and all liens and encumbrances created by Tenant shall attach to conditions Tenant's interest only. E. for ordinary wear and as otherwise provided in this Lease, Tenant shall, at all times during the Term hereof, at its sole expense, keep all Tenant's movable and removable fixtures located in or appurtenant to the Premises in good order, repair and condition, and Tenant shall promptly arrange with the Landlord to have Landlord or Landlord's agent make repairs of all other damages to the Premises and the replacement or repair of all damaged or broken glass (including signs thereon), fixtures and appurtenances (including hardware and heating, cooling, ventilating, electrical, plumbing and other mechanical facilities in the Premises), with materials equal in quality and class to the original materials damaged or broken, within any reasonable period of time specified by Landlord. If Landlord may, but shall not be required to do so, enter the Premises at all reasonable times to make any such repairs, alterations, additions improvements or improvements to the Demised Premises consented to by additions, as Landlord after the Commencement Date shall be made by Landlord for Tenant’s account; Tenant shall reimburse Landlord desire or deem necessary for the cost thereof (including a reasonable charge for Landlord’s overhead related thereto) safety, protection, preservation or improvement of the Project, or as the work proceeds within five (5) days after receipt of statements therefor. All such alterations, additions and improvements shall become the property of Landlord upon the expiration or termination of this Lease and shall remain on the Demised Premises upon the expiration or termination of this Lease without compensation may be required to Tenant unless Landlord elects by notice to Tenant to have Tenant remove the same, in which event Tenant shall promptly restore the Demised Premises to their condition prior to the installation of such alterations, additions and improvements; provided, however, that Tenant shall have the right to remove its moveable trade fixtures and equipment provided that it promptly restores the Demised Premises to their condition prior to the installation thereof. 9.2 Tenant shall keep the Demised Premises and every part thereof in good condition and repair, Tenant hereby waiving all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as provided do by any law, statute governmental department or otherwise now or hereafter in effect All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord and in accordance with the rules relating thereto annexed to this Lease as Exhibit “E” and all applicable laws and regulations of governmental authorities having jurisdiction. Tenant shall, subject to the provisions of Section 9.1 hereof, at the end of the term hereof surrender to Landlord the Demised Premises in the same condition as when received, ordinary wear and tear and damage by fire, earthquake, act of God or the elements excepted. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof and no representations respecting the condition of the Demised Premises, the Building or the Development have been made by Landlord to Tenant except as expressly set forth in this Lease.agency,

Alterations and Repairs. 9.1 A. Tenant shall not make or suffer to be made permit any interior or exterior alterations, additions additions, improvements or improvements changes, structural or otherwise, to the Premises or the Project, nor make any installations which may require any change to the heating, ventilating, air conditioning, electrical or plumbing systems of the Demised Premises or any part thereof; or attach any fixtures or equipment theretoProject (collectively, "Work") without first obtaining Landlord’s the prior written consent, consent of Landlord in each instance which consent shall will not be unreasonably withheld. All such alterationsAs a condition to granting its consent, additions and improvements shall be performed by contractors and subject to conditions specified by Landlord. If any such alterationsLandlord may impose reasonable requirements, additions or improvements including, without limitation, requirements as to the Demised Premises consented to by Landlord after the Commencement Date shall be made by Landlord for Tenant’s account; Tenant shall reimburse Landlord manner and time for the cost thereof (including a reasonable charge performance of any Work, the type and amount of insurance, bonds and security for Landlord’s overhead related thereto) as payment Tenant must provide, the work proceeds plans and specifications relating to the Work, the contractors performing the Work, the contracts and building permits relating to the Work, the activities being undertaken within five (5) days after receipt the Project relating to the Work, and the removal of statements therefor. All such alterations, additions and improvements shall become the property of Landlord upon Work at the expiration or termination of this Lease Lease. Landlord shall be reimbursed by Tenant for all reasonable costs incurred in connection with its review and shall remain on supervision of the Demised Premises upon the expiration Work. In no event will such supervision or termination of right to supervise by Landlord, nor any approvals given by Landlord under this Lease without compensation Lease, constitute any warranty by Landlord to Tenant unless of the adequacy of the design, workmanship or quality of any Work or materials for Tenant's intended use or otherwise, or impose any liability upon Landlord elects by notice to Tenant to have Tenant remove in connection with the sameperformance of such Work. All Work shall be performed in a good and workmanlike manner and in full compliance with applicable laws, in which event ordinances and regulations, and all insurance requirements. B. Tenant shall promptly restore pay all contractors and materialmen for the Demised Work and furnish Landlord with sworn construction statements and lien waivers upon request of Landlord. Any mechanic's lien filed against the Premises or the Project for Work or materials furnished or claimed to their condition prior have been furnished in connection with the Work or to the installation of such alterations, additions and improvements; provided, however, that Tenant shall have the right to remove its moveable trade fixtures and equipment provided that it promptly restores the Demised Premises to their condition prior to the installation thereof. 9.2 Tenant shall keep the Demised Premises and every part thereof in good condition and repair, Tenant hereby waiving all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as provided by any law, statute or otherwise now or hereafter in effect All repairs made by or on behalf of Tenant shall be made released and performed discharged by Tenant, by bond or otherwise, within ten (10) days after the filing of such lien at Tenant's sole expense. Tenant agrees to indemnify, hold harmless and defend Landlord, its agents and employees, the Premises, the Building and the Project from any loss, damage or expense, including reasonable attorney's fees, arising out of any lien claim or other claim relating to any Work. Nothing contained in such manner as Landlord and in accordance with the rules relating thereto annexed to this Lease shall be construed as Exhibit “E” a consent by Landlord so as to subject the Landlord's interest in the Premises to any lien or liability under applicable mechanic's lien laws. C. Landlord shall maintain and all applicable laws repair the foundations, exterior walls, structural portions, roof and regulations common areas of governmental authorities having jurisdiction. Tenant shallthe Project, and the heating, air conditioning, ventilating, electrical, elevator and plumbing systems serving the Project (except improvements or fixtures in or primarily serving the Premises) in good condition, ordinary wear except; provided that: (1) Landlord's obligations shall be subject to the provisions of this Lease concerning casualty loss and condemnation, and the cost of such repairs shall be included in Operating Costs subject to the terms and conditions of Section 9.1 hereof2; (2) Tenant shall promptly at its expense repair all damage to the Premises or the Project caused by Tenant or any of its employees, at agents or invitees, by Tenant's failure to comply with or perform any of Tenant's obligations under this Lease, or by the end installation, operation or removal of the term hereof surrender Tenant's improvements or fixtures; and (3) Landlord shall use reasonable diligence in carrying out its obligations under this Section, but shall not be liable under any circumstances for any consequential damage to Landlord the Demised Premises in any person or property for any failure to do so, nor shall the same condition as when received, ordinary wear and tear and damage by fire, earthquake, act constitute an eviction of God Tenant or the elements excepted. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof and no representations respecting the condition relieve Tenant from performance of the Demised Premises, the Building or the Development have been made by Landlord to Tenant Tenant's obligations under this Lease except as expressly set forth provided in Section 36 or otherwise in this Lease. D. Except for ordinary wear and as otherwise provided in this Lease, Tenant shall at its expense maintain and repair the Premises, all improvements and fixtures in or primarily serving the Premises, and all of Tenant's trade fixtures and personal property at the Premises in good condition. If due to Tenant's use of the Premises, alterations or improvements to the Premises or the Project are necessary to comply with any present or future governmental laws, ordinances or regulations or requirements of insurance carriers, Tenant shall at its expense promptly perform such alterations or improvements in compliance with this Section 5. If Tenant fails to perform any obligation under this Section 5, then on not less than ten (10) days notice to Tenant (or immediately if an emergency), Landlord may enter the Premises and perform such obligations, and Tenant shall pay Landlord, upon demand, the cost thereof as Additional Rent.

Alterations and Repairs. 9.1 A. Tenant shall not make any improvements or suffer alterations in or additions, changes or installations to be made the Premises (collectively, "Work") without submitting plans and specifications therefor to Landlord, and obtaining Landlord's prior written consent in each instance. Landlord may withhold such consent in its sole discretion if the improvements or alterations or additions or changes or installation shall affect the structural portions of the Project or any of its mechanical, electrical or plumbing systems. Tenant shall have the right, without Landlord's consent, to make non-structural alterations, additions or improvements to or the total cost of which is less than $10,000.00 per alteration. For the purposes of the Demised preceding sentence, the term "non-structural alterations" shall mean aesthetic changes to the Premises or any part thereof; or attach any fixtures or equipment theretosuch as painting, carpeting, and wall covering. Tenant shall also have the right to perform internal wiring Work without first obtaining Landlord’s written consent, which 's consent shall not be unreasonably withheld. All to such alterations, additions and improvements shall be performed by contractors and subject to conditions specified by Landlord. If any such alterations, additions or improvements to the Demised Premises consented to by Landlord after the Commencement Date shall be made by Landlord for Tenant’s account; Tenant shall reimburse Landlord for the cost thereof (including a reasonable charge for Landlord’s overhead related thereto) as the work proceeds within five (5) days after receipt of statements therefor. All such alterations, additions and improvements shall become the property of Landlord upon the expiration or termination of this Lease and shall remain on the Demised Premises upon the expiration or termination of this Lease without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove the same, in which event Tenant shall promptly restore the Demised Premises to their condition prior to the installation of such alterations, additions and improvementsWork; provided, however, that Tenant hereby indemnifies and holds harmless Landlord and the Project from any and all loss, damages, costs, liabilities and expenses arising in connection with the internal wiring Work performed by Tenant, its employees, agents or contractors, including without limitation, damages and costs incurred by other tenants of the Project because of such Work and provided further, with respect to internal wiring Work done in the common areas of the Building. Tenant shall have give Landlord prior written notice of its intention to perform said internal wiring Work. All Work shall be performed (a) at the right to remove its moveable trade fixtures sole cost and equipment provided that it promptly restores the Demised Premises to their condition expense of Tenant by employees of contractors employed by Landlord, or with Landlord's written consent given prior to the installation thereof. 9.2 Tenant shall keep the Demised Premises and every part thereof in good condition and repair, Tenant hereby waiving all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as provided by any law, statute or otherwise now or hereafter in effect All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord and in accordance with the rules relating thereto annexed to this Lease as Exhibit “E” and all applicable laws and regulations of governmental authorities having jurisdiction. Tenant shall, subject to the provisions of Section 9.1 hereof, at the end letting of the term hereof surrender to Landlord contract, by contractors employed by Tenant under a written contract previously approved in writing by Landlord, and (b) on such terms and under such conditions as Landlord, in its sole discretion, shall determine as will protect the Demised Premises in the same condition as when received, ordinary wear and tear and damage by fire, earthquake, act of God or the elements excepted. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof and no representations respecting the condition of the Demised Premises, the Building and the Project from improper contractors' work and against the imposition of any lien resulting from Work; without limiting the foregoing, if Landlord consents to any Work, it shall be performed subject to the following requirements: (1) If the Work is to be done by Tenant's contractors, Tenant shall furnish to Landlord prior to commencement thereof, building permits and certificates of appropriate insurance and bonds satisfactory in all respects to Landlord. (2) Upon completion of any Work, Tenant shall furnish Landlord with contractors' affidavits and full and final waivers of lien, each conforming to the applicable Wisconsin statutory requirements, as- built plans of any Work and receipted bills covering all labor and materials expended and used. (3) Any Work permitted to be undertaken by Tenant's contractors shall be performed in such a fashion and by such means as necessary to maintain peace and harmony among the other contractors serving the Project and the other tenants and so as not to cause interference with the continuance of work to be performed or services to be rendered to the Project or the Development other tenants. (4) All Work shall comply with all insurance requirements and with all applicable laws, ordinances and regulations. All Work shall be constructed in a good and workmanlike manner, and only good grades of material shall be used with a quality equal to or better than that used in the Project. (5) Tenant shall permit Landlord to supervise all Work within the Premises. Landlord shall charge a supervisory fee not to exceed (a) ten percent (10%) of the total cost of the Work, including, without limitation, all labor and material costs, if Landlord's employees or contractors perform the Work, and (b) five percent (5%) of the total cost of the Work, including, without limitation, all labor and material costs, if Tenant's employees or contractors perform the Work and if Tenant was required to obtain Landlord's consent to the Work pursuant to this Section 5. Notwithstanding the foregoing, Tenant shall not be required to pay the 5% supervisory fee for internal wiring Work performed by Tenant, its employees or contractors. B. If Tenant desires telegraphic, telephonic, burglar alarm, computer installations or signal service (all of which shall be at Tenant's sole cost and expense), Landlord shall, upon request, direct where and how all connections and wiring for such service shall be introduced and run. In the absence of any such directions, Tenant shall make no borings, cutting or install any wires or cable in or about the Premises. Landlord shall use its best efforts not to impose conditions or requirements on Tenant with respect to this Section 5.B. that unreasonably interfere with Tenant's business operations. C. Tenant hereby protects, defends and indemnifies Landlord, its agents (including, without limitation, the Rental Agent) and employees, the Premises, the Building and the Project from and against any and all liabilities of every kind and description which may arise out of or be connected in any way with any Work, performed by Tenant and whether performed in compliance with this Section 5. D. Any mechanic's lien filed against the Premises or the Project or any notice which is received by either Landlord or Tenant or filed for work or materials furnished or claimed to be furnished and deriving from Work or for materials or work claimed to have been furnished to Tenant or the Premises shall be released and discharged of record by Tenant, in either case, within twenty (20) days after such filing or receipt, whichever is applicable, at Tenant's expense. If Tenant chooses to contest such claim or notice or lien, Tenant may do so in place of causing the release and discharge thereof, provided that within said twenty (20) day period (i) Tenant provides Landlord with a title indemnity or bond or other adequate security covering any possible lien or claim that may arise from the failure to release and discharge such claim, notice or lien; (ii) Tenant contests such claim, notice or lien in good faith by appropriate proceedings that operate to stay enforcement thereof; and (iii) Tenant promptly pays and discharges any final adverse judgment entered in any such proceeding. If Tenant has not caused the release or discharge or begun appropriate proceedings to contest such claim, notice or lien, within said twenty (20) days, Landlord may, but shall not be obligated to, pay the amount necessary to remove the same without being responsible for making an investigation as to the validity or accuracy thereof, and the amount so paid, together with all costs and expenses (including, without limitation, reasonable attorneys' fees) incurred by Landlord in connection therewith, shall be deemed Additional Rent hereunder, payable upon demand. Tenant has no power or authority to cause or permit any lien or encumbrance of any kind whatsoever, whether created by act of Tenant, operation of law or otherwise, to attach to or be placed upon Landlord's title or interest in the Premises or the Project, and any and all liens and encumbrances created by Tenant shall attach to Tenant's interest only. E. Except for ordinary wear and as otherwise provided in this Lease, Tenant shall, at all times during the Term hereof, at its sole expense, keep all Tenant's movable and removable fixtures located in or appurtenant to the Premises in good order, repair and condition, and Tenant shall promptly arrange with the Landlord to have Landlord (or Landlord's agent) make repairs of all other damages to the Premises and the replacement or repair of all damages or broken glass (including signs thereon), fixtures and appurtenants (including hardware and heating, cooling, ventilating, electrical, plumbing and other mechanical facilities in the Premises), with materials equal in quality and class to the original materials damaged or broken, within any reasonable period of time specified by Landlord. Landlord may, but shall not be required to do so, enter the Premises at all reasonable times to make any repairs, alterations, improvements or additions, as Landlord shall desire or deem necessary for the safety, protection, preservation or improvement of the Project, or as Landlord may be required to do by any governmental department or agency, or by the order or decree of any court or by any proper authority. The cost of all repairs made by Landlord to the Project which are made necessary as a result of misuse or neglect by Tenant or Tenant's employees, invitees, servants, contractors or agents shall be immediately paid as Additional Rent by Tenant or to Landlord upon being billed for same. The cost of all other repairs and replacements (except those caused by Tenant's misuse or negligence and those relating to Tenant's movable and removable fixtures) shall be paid for by the Landlord and deemed an item of Operating Costs. F. Landlord shall maintain, replace and repair the exterior structural portions of the Premises, to-wit: foundation, bearing walls and roof. Landlord shall maintain, replace and repair all walls, plate glass, floors and ceilings, wiring (except for Tenant's telephone and data wiring), pipes and equipment within the walls, floors and ceilings, and all equipment including without limitation, heating, air conditioning, ventilating, electrical and plumbing equipment and elevator machinery. Landlord shall maintain the Project in as expressly set forth good a condition and repair as the Project was in on the Commencement Date of this lease. Landlord shall manage and operate the Project in a manner consistent with the management and operation of the Project as of the Commencement Date of this Lease. Landlord shall maintain, repair and replace all common areas in the Building and the Project in as good a condition and repair and in as clean and orderly an appearance as existed on the Commencement Date of this Lease. Costs and expenses incurred by Landlord in connection with its maintenance, repair and replacement obligations shall be included as an item of Operating Costs. To the best of Landlord's knowledge and belief, the Project is in good repair and all Project systems are in operating condition as of the Commencement Date.

Alterations and Repairs. 9.1 A. Tenant shall not make or suffer to be made permit any interior or exterior alterations, additions additions, improvements or improvements changes, structural or otherwise, to the Premises or the Project, nor make any installations which may require any change to the heating, ventilating, air conditioning, electrical or plumbing systems of the Demised Premises or any part thereof; or attach any fixtures or equipment thereto, Project (collectively “Work”) without first obtaining Landlord’s the prior written consent of Landlord in each instance. As a condition to granting its consent, which consent shall not be unreasonably withheld. All such alterations, additions and improvements shall be performed by contractors and subject to conditions specified by Landlord. If any such alterations, additions or improvements Landlord may impose reasonable requirements including without limitation requirements as to the Demised Premises consented to by Landlord after the Commencement Date shall be made by Landlord for Tenant’s account; Tenant shall reimburse Landlord manner and time for the cost thereof (including a reasonable charge performance of any Work, the type and amount of insurance, bonds and security for Landlord’s overhead related thereto) as payment Tenant must provide the work proceeds plans and specifications relating to the Work, the contractors performing the Work, the contracts and building permits relating to the Work, the activities being undertaken within five (5) days after receipt the Project relating to the Work, and the removal of statements therefor. All such alterationsthe Work, additions and improvements shall become the property of Landlord upon at the expiration or termination of this Lease Lease. Landlord shall be reimbursed by Tenant for all reasonable costs incurred in connection with its review and shall remain on supervision of the Demised Premises upon the expiration Work, in no event will such supervision or termination of right to supervise by Landlord nor any approvals given by Landlord under this Lease without compensation constitute any warranty by Landlord to Tenant unless of the adequacy of the design workmanship or quality of any Work or materials for Tenant’s intended use or otherwise or impose any liability upon Landlord elects by notice to Tenant to have Tenant remove in connection with the sameperformance of such Work. All Work shall be performed in a good and workmanlike manner and in full compliance with applicable laws, in which event ordinances and regulations, and all insurance requirements. B. Tenant shall promptly restore pay all contractors and materialmen for the Demised Work and furnish Landlord with sworn construction statements and lien waivers upon request of Landlord. Any mechanic’s lien filed against the Premises or the Project for Work or materials furnished or claimed to have been furnished in connection with the Work or to Tenant shall be released and discharged by Tenant, by bond or otherwise within ten (10) days after the filing of such lien at Tenant’s sole expense Tenant agrees to indemnify hold harmless and defend Landlord, its agents and employees the Premises, the Building and the Project from any loss, damage or expense, including reasonable attorney’s fees, arising out of any lien claim or other claim relating to any Work. Nothing contained in this Lease shall be construed as 3 consent by Landlord so as to subject the Landlord’s interest in the Premises to their condition prior to the installation of such alterations, additions and improvements; provided, however, that Tenant shall have the right to remove its moveable trade fixtures and equipment provided that it promptly restores the Demised Premises to their condition prior to the installation thereofany lien or liability under applicable mechanic’s lien laws. 9.2 Tenant C. Landlord shall keep maintain and repair the Demised Premises foundations exterior walls, structural portions, roof and every part thereof common areas of the Project and the heating air conditioning ventilating, electrical, elevator and plumbing systems serving the Project (except improvements or fixtures in or primarily serving the Premise in good condition and repair, Tenant hereby waiving all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as ordinary wear excepted: provided by any law, statute or otherwise now or hereafter in effect All repairs made by or on behalf of Tenant that: (I) Landlord’s obligations shall be made and performed in such manner as Landlord and in accordance with the rules relating thereto annexed to this Lease as Exhibit “E” and all applicable laws and regulations of governmental authorities having jurisdiction. Tenant shall, subject to the provisions of this Lease concerning casualty loss and condemnation and the cost of such repairs shall be included in Operating Costs subject to the terms and conditions of Section 9.1 hereof2; (2) Tenant shall promptly at its expense repair all damage to the Premises or the Project caused by Tenant or any of its employees, at agents or invitees, by Tenant’s failure to comply with or perform any of Tenant’s obligations under this Lease, or by the end installation operation or removal of the term hereof surrender Tenant’s improvements or fixtures; and (3) Landlord shall use reasonable diligence in carrying out its obligations under this Section but shall not be liable under any circumstances for any loss, expense or damage for any failure to Landlord the Demised Premises in do so, by/*2 abatement of Rent or otherwise, nor shall the same condition as when received, constitute an eviction of Tenant or relieve Tenant from performance of Tenant’s obligations under this Lease. D. Except for ordinary wear and tear and damage by fire, earthquake, act of God or the elements excepted. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof and no representations respecting the condition of the Demised Premises, the Building or the Development have been made by Landlord to Tenant except as expressly set forth otherwise provided in this Lease. Tenant shall at its expense maintain and repair the Premises, all improvements and fixtures in or primarily serving the Premises, and all of Tenant’s trade fixtures and personal property at the Premises in good condition. If due to Tenant’s use of the Premises alterations or improvements to the Premises or the Project are necessary to comply with any present or future governmental laws, ordinances or regulations or requirements of insurance carriers. Tenant shall at its expense promptly perform such alterations or improvements in compliance with this Section 5. If Tenant fails to perform any obligation under this Section 5 then on not less than ten (10) days notice to Tenant (or immediately if an emergency). Landlord may enter the Premises and perform such obligations and Tenant shall pay Landlord upon demand the cost *1. consequential damages or *2. consequential damages or thereof as Additional Rent.

Alterations and Repairs. 9.1 A. Tenant shall not make or suffer to be made permit any interior or exterior alterations, additions additions, improvements or improvements changes, structural or otherwise, to the Premises or the Project, nor make any installations which may require any change to the heating, ventilating, air conditioning, electrical or plumbing systems of the Demised Premises or any part thereof; or attach any fixtures or equipment theretoProject (collectively, "Work") without obtaining the prior written consent of Landlord in each instance. As a condition to granting its consent, Landlord may impose reasonable requirements, including, without first obtaining Landlord’s written consentlimitation, which consent shall not be unreasonably withheld. All such alterations, additions and improvements shall be performed by contractors and subject to conditions specified by Landlord. If any such alterations, additions or improvements requirements as to the Demised Premises consented to by Landlord after the Commencement Date shall be made by Landlord for Tenant’s account; Tenant shall reimburse Landlord manner and time for the cost thereof (including a reasonable charge performance of any Work, the type and amount of insurance, bonds and security for Landlord’s overhead related thereto) as payment Tenant must provide, the plans and specifications relating to the Work, the contractors performing the Work, the contracts and building permits relating to the Work, the activities being undertaken within the Project relating to the Work, and the removal of the work proceeds within five (5) days after receipt of statements therefor. All such alterations, additions and improvements shall become the property of Landlord upon at the expiration or termination of this Lease Lease. Landlord shall be reimbursed by Tenant for all reasonable costs incurred in connection with its review and shall remain on supervision of the Demised Premises upon the expiration Work. In no event will such supervision or termination of right to supervise by Landlord, nor any approvals given by Landlord under this Lease without compensation Lease, constitute any warranty by Landlord to Tenant unless of the adequacy of the design, workmanship or quality of any work or materials for Tenant's intended use or otherwise, or impose any liability upon Landlord elects by notice to Tenant to have Tenant remove in connection with the sameperformance of such Work. All Work shall be performed in a good and workmanlike manner and in full compliance with applicable laws, in which event ordinances and regulations, and all insurance requirements. B. Tenant shall promptly restore pay all contractors and materialmen for the Demised Work and furnish Landlord with sworn construction statements and lien waivers upon request of Landlord. Any mechanic's lien filed against the Premises or the Project for Work or materials furnished or claimed to their condition prior have been furnished in connection with the Work or to the installation of such alterations, additions and improvements; provided, however, that Tenant shall have the right to remove its moveable trade fixtures and equipment provided that it promptly restores the Demised Premises to their condition prior to the installation thereof. 9.2 Tenant shall keep the Demised Premises and every part thereof in good condition and repair, Tenant hereby waiving all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as provided by any law, statute or otherwise now or hereafter in effect All repairs made by or on behalf of Tenant shall be made released and performed discharged by Tenant, by bond or otherwise, within ten (10) days after the filing of such lien at Tenant's sole expense. Tenant agrees to indemnify, hold harmless and defend Landlord, its agents and employees, the Premises, the Building and the Project from any loss, damage or expense, including reasonable attorneys' fees, arising out of any lien claim or other claim relating to any Work. Nothing contained in such manner as Landlord and in accordance with the rules relating thereto annexed to this Lease shall be construed as Exhibit “E” a consent by Landlord so as to subject the Landlord's interest in the Premises to any lien or liability under applicable mechanic's lien laws. C. Landlord shall maintain and all applicable laws repair the foundations, exterior walls, structural portions, roof and regulations common areas of governmental authorities having jurisdiction. Tenant shallthe Project, and the heating, air conditioning, ventilating, electrical, elevator and plumbing systems serving the Project (except improvements or fixtures in or primarily serving the Premises) in good condition, ordinary wear excepted; provided that: (1) Landlord's obligations shall be subject to the provisions of this Lease concerning casualty loss and condemnation, and the cost of such repairs shall be included in Operating Costs subject to the terms and conditions of Section 9.1 hereof, 2; (2) Tenant shall promptly at its expense repair all damage to the end of the term hereof surrender to Landlord the Demised Premises in the same condition as when received, ordinary wear and tear and damage by fire, earthquake, act of God or the elements excepted. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises Project caused by Tenant or any part thereof and no representations respecting the condition of the Demised Premisesits employees, the Building agents, or the Development have been made invitees, by Landlord Tenant's failure to Tenant except as expressly set forth in comply with or perform any of Tenant's obligations under this Lease., or by the installation, operation or removal of Tenant's equipment, improvements or fixtures; and

Alterations and Repairs. 9.1 Tenant shall not make or suffer to be made any alterations, additions or improvements to or of the Demised Premises said premises or any part thereof; or attach thereof without the written consent of Landlord first had and obtained and any fixtures or equipment thereto, without first obtaining Landlord’s written consent, which consent shall not be unreasonably withheld. All such alterations, additions and improvements shall be performed by contractors and subject to conditions specified by Landlord. If any such alterations, additions or improvements to or of said premises, except movable furniture and trade fixtures, shall at once become a part of the Demised Premises consented realty and belong to Landlord. In the event Landlord consents to the making of any alteration, additions or improvements to said premises by Landlord after Tenant, the Commencement Date same shall be made by Landlord for Tenant at Tenant’s account; 's sole cost and expense and any contractor or person selected by Tenant shall reimburse Landlord for to make the same must first be approved of in writing by Landlord. Upon the expiration or sooner termination of the term, Tenant shall, upon demand by Landlord, at Tenant's sole cost thereof (including a reasonable charge for Landlord’s overhead related thereto) as the work proceeds within five (5) days after receipt of statements therefor. All such and expense, forthwith and with all due diligence remove any alterations, additions or improvements made by Tenant, designated by Landlord to be removed, and improvements shall become the property of Landlord upon the expiration or termination of this Lease and shall remain on the Demised Premises upon the expiration or termination of this Lease without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove the same, in which event Tenant shall promptly restore forthwith and with all due diligence at its sole cost and expense, repair any damage caused by such removal. By entry hereunder, Tenant accepts the Demised Premises to their premises as being in good, sanitary order, condition prior to the installation of such alterations, additions and improvements; provided, however, that repair. Tenant shall have the right to remove its moveable trade fixtures at Tenant's sole cost and equipment provided that it promptly restores the Demised Premises to their condition prior to the installation thereof. 9.2 Tenant shall expense keep the Demised Premises said premises and every part thereof including glass in good condition and repair, damage thereto by fire, earthquake, act of God or the elements excepted, Tenant hereby waiving all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as provided by any law, statute or otherwise ordinance now or hereafter in effect All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord and in accordance with the rules relating thereto annexed to this Lease as Exhibit “E” and all applicable laws and regulations of governmental authorities having jurisdictioneffect. Tenant shall, subject to upon the provisions of Section 9.1 hereof, at the end expiration or sooner termination of the term hereof hereof, surrender said premises to Landlord the Demised Premises in the same condition as when received, ordinary wear and tear and damage by fire, earthquake, act of God or the elements excepted. It is specifically understood and agreed that Landlord has no obligation and has made no promise promises to alter, remodel, improve, repair, decorate or paint the Demised Premises said premises or any part thereof and that no representations respecting the condition conditions of the Demised Premises, the Building said premises or the Development building of which said premises are a part have been made by Landlord to Tenant except as expressly specifically herein set forth in this Lease.forth. SEE EXHIBIT "A"