Common use of Alterations Required by Law Clause in Contracts

Alterations Required by Law. (a) Landlord at its sole cost shall make all modifications, alterations and improvements to the Building, the Property, or the Project, that are required by any governmental authority at any time due to the Landlord’s Work constructed by Landlord not having been in compliance with the Laws then applicable governing its construction. (b) From and after the Lease Commencement Date, but in no event prior to substantial completion of Landlord’s Work, Tenant at its sole cost shall make all modifications, alterations and improvements to the Leased Premises, the Building, the Common Areas, the Property, or the Project that are required by any Law because of (i) Tenant’s particular use or occupancy of the Leased Premises, the Building, the Common Areas, the Property, or the Project (as opposed to the Permitted Use generally), (ii) Tenant’s application for any permit or governmental approval, or (iii) Tenant’s making of any modifications, alterations or improvements to or within the Leased Premises. (c) If Landlord shall, at any time during the Lease Term, be required by any governmental authority or Law to make any modifications, alterations or improvements to the Building, the Property, or the Project and the same is not Tenant’s responsibility under Paragraph 6.3(b) above, then Landlord shall do so and the cost incurred by Landlord in making such modifications, alterations or improvements, including interest at a rate equal to the Standard Interest Rate shall be amortized by Landlord over the useful life of such modifications, alterations or improvements, as determined in accordance with GAAP, and the monthly amortized cost of such modifications, alterations and improvements as so amortized shall be considered a Property Maintenance Cost (subject, if applicable, to Paragraph 13.12 below).

Appears in 1 contract

Sources: Lease Agreement (Palo Alto Networks Inc)

Alterations Required by Law. (a) Landlord at its sole cost shall make all modifications, alterations and improvements to the Building, the Property, or the Project, that are required by any governmental authority at any time due to the Landlord’s Work base Building constructed by Landlord not having been in compliance with the Laws then applicable governing its construction. (b) From and after the Lease Commencement Date, but in no event prior to substantial completion of Landlord’s Work, Tenant at its sole cost shall make all modifications, alterations and improvements to the Leased Premises, the Building, the Common Areas, the Property, or the Project that are required by Building D any Law because of (i) Tenant’s particular use or occupancy of the Leased Premises, the Building, the Common Areas, the Property, or the Project (as opposed to the Permitted Use generally), (ii) Tenant’s application for any permit or governmental approval, or (iii) Tenant’s making of any modifications, alterations or improvements to or within the Leased Premises. (c) If Landlord shall, at any time during the Lease Term, be required by any governmental authority or Law to make any modifications, alterations or improvements to the Building, the Property, or the Project and the same is not Tenant’s responsibility under Paragraph 6.3(b) aboveProject, then Landlord shall do so and the cost incurred by Landlord in making such modifications, alterations or improvements, including interest at a rate equal to the Standard Interest Rate shall be amortized by Landlord over the useful life of such modifications, alterations or improvements, as determined in accordance with GAAPgenerally accepted accounting principles, and the monthly amortized cost of such modifications, alterations and improvements as so amortized shall be considered a Property Maintenance Cost Cost. For purposes of this paragraph 6.3(c) only, the useful life of the applicable modifications, alterations or improvements shall be a minimum of fifteen (subject15) years, if applicable, and in no event shall Tenant be required to Paragraph 13.12 belowpay more than $100,000 per year on account of any monthly amortization payments arising pursuant to this paragraph 6.3(c).

Appears in 1 contract

Sources: Lease Agreement (Aruba Networks, Inc.)

Alterations Required by Law. (a) Landlord at its sole cost shall make all modifications, alterations and improvements to the Building, the Property, or the Project, that are required by any governmental authority at any time due to the Landlord’s Work base Building constructed by Landlord not having been in compliance with the Laws then applicable governing its construction. (b) From and after the Lease Commencement Date, but in no event prior to substantial completion of Landlord’s Work, Tenant at its sole cost shall make all modifications, alterations and improvements to the Leased Premises, the Building, the Common Areas, the Property, or the Project that are required by any Law because of (i) Tenant’s particular use or occupancy of the Leased Premises, the Building, the Common Areas, the Property, or the Project (as opposed to the Permitted Use generally), (ii) Tenant’s application for any permit or governmental approval, or (iii) Tenant’s making of any modifications, alterations or improvements to or within the Leased Premises.. Building C (c) If Landlord shall, at any time during the Lease Term, be required by any governmental authority or Law to make any modifications, alterations or improvements to the Building, the Property, or the Project and the same is not Tenant’s responsibility under Paragraph 6.3(b) aboveProject, then Landlord shall do so and the cost incurred by Landlord in making such modifications, alterations or improvements, including interest at a rate equal to the Standard Interest Rate shall be amortized by Landlord over the useful life of such modifications, alterations or improvements, as determined in accordance with GAAPgenerally accepted accounting principles, and the monthly amortized cost of such modifications, alterations and improvements as so amortized shall be considered a Property Maintenance Cost Cost. For purposes of this paragraph 6.3(c) only, the useful life of the applicable modifications, alterations or improvements shall be a minimum of fifteen (subject15) years, if applicable, and in no event shall Tenant be required to Paragraph 13.12 belowpay more than $100,000 per year on account of any monthly amortization payments arising pursuant to this paragraph 6.3(c).

Appears in 1 contract

Sources: Lease Agreement (Aruba Networks, Inc.)

Alterations Required by Law. (a) Landlord at its sole cost shall make all modifications, alterations and improvements to the Building, the Property, Building 3 or the Project, Property that are required by any governmental authority at any time due to the Landlord’s Base Building Work constructed by Landlord not having been in compliance with the Laws then applicable governing its constructionin effect on the Lease Commencement Date (unless caused by Tenant’s increasing the occupancy load of any portion of Building 3 above the load for a typical office/R&D use). In addition, any work required for Americans With Disabilities Act compliance of paths of travel to Building 3 and the Leased Premises will be performed and paid by Landlord, except to the extent triggered by Tenant’s particular use, as distinguished from general office use, or Tenant’s Non-Standard Improvements. (b) From and after the Lease Commencement Date, but in no event prior to substantial completion of Landlord’s Work, Tenant at its sole cost shall make all modifications, alterations and improvements to the Leased Premises, the Building, the Common Areas, the Property, Premises or the Project Building 3 that are required by any Law because of (i) Tenant’s particular use or occupancy of the Leased Premises, the Building, the Common Areas, the Property, Premises or the Project Building 3 (as opposed to the Permitted Use generally), (ii) Tenant’s application for any permit or governmental approval, or (iii) Tenant’s making of any modifications, alterations or improvements to or within the Leased Premises. (c) If Landlord shall, at any time during the Lease Term, be required by any governmental authority or Law to make any modifications, alterations or improvements to the BuildingLeased Premises, the PropertyBuilding 3, or the Project and the same is Property (which are not Landlord’s sole responsibility as described in subparagraph (a) above or Tenant’s sole responsibility under Paragraph 6.3(bas described in subparagraph (b) above), then Landlord shall do so and the cost incurred by Landlord in making such modifications, alterations or improvements, including interest at a rate equal to the Standard Interest Rate shall be amortized by Landlord over the useful life of such modifications, alterations or improvements, as determined in accordance with GAAP, and the monthly amortized cost of such modifications, alterations and improvements as so amortized shall be considered a Property Maintenance Cost (subject, if applicable, to Paragraph 13.12 below)Cost.

Appears in 1 contract

Sources: Sublease Agreement (Kodiak Sciences Inc.)

Alterations Required by Law. (a) Landlord at its sole cost shall make all modifications, alterations and improvements to the Building, the Property, or the Project, that are required by any governmental authority at any time due to the Landlord’s Work constructed by Landlord not having been in compliance with the Laws then applicable governing its construction.. Building G (b) From and after the Lease Commencement Date, but in no event prior to substantial completion Substantial Completion of the Landlord’s Work, Tenant at its sole cost shall make all modifications, alterations and improvements to the Leased Premises, the Building, the Common Areas, the Property, or the Project that are required by any Law because of (i) Tenant’s particular use or occupancy of the Leased Premises, the Building, the Common Areas, the Property, or the Project (as opposed to the Permitted Use generally), (ii) Tenant’s application for any permit or governmental approval, or (iii) Tenant’s making of any modifications, alterations or improvements to or within the Leased Premises. (c) If Landlord shall, at any time during the Lease Term, be required by any governmental authority or Law to make any modifications, alterations or improvements to the Building, the Property, or the Project and the same is not Tenant’s responsibility under Paragraph 6.3(b) above, then Landlord shall do so and the cost incurred by Landlord in making such modifications, alterations or improvements, including interest at a rate equal to the Standard Interest Rate shall be amortized by Landlord over the useful life of such modifications, alterations or improvements, as determined in accordance with GAAP, and the monthly amortized cost of such modifications, alterations and improvements as so amortized shall be considered a Property Maintenance Cost (subject, if applicable, to Paragraph 13.12 below).

Appears in 1 contract

Sources: Lease Agreement (Palo Alto Networks Inc)

Alterations Required by Law. (a) Landlord Tenant shall, at its sole cost shall make all modificationscost, alterations and improvements to the Building, the Property, or the Project, that are required by any governmental authority at any time due to the Landlord’s Work constructed by Landlord not having been in compliance with the Laws then applicable governing its construction. (b) From and after the Lease Commencement Date, but in no event prior to substantial completion of Landlord’s Work, Tenant at its sole cost shall make all modifications, alterations and improvements to the Leased Premises, Premises after the Building, the Common Areas, the Property, or the Project Lease Commencement Date that are required by any Law because of (i) Tenant’s particular 's use or occupancy of the Leased Premises, the Building, the Common Outside Areas, the Property, or the Project (as opposed to the Permitted Use generally)Property, (ii) Tenant’s 's application for any permit or governmental approval, or (iii) Tenant’s 's making of any modifications, alterations or improvements to or within the Leased Premises. (c) . If Landlord shall, at any time during the Lease Term, be required by any governmental authority or Law to make any modifications, alterations or improvements to the BuildingBuilding or the Project, the Property, or the Project and the same is not Tenant’s responsibility under Paragraph 6.3(b) above, then Landlord shall do so and the actual out-of-pocket cost incurred by Landlord in making such modifications, alterations or improvements, including interest at a rate equal to the Standard Interest Rate sum of that rate quoted by ▇▇▇▇▇ Fargo Bank, NT. & SA. from time to time as its "prime" rate or "reference" rate and two percent (2%) ("▇▇▇▇▇ Prime Plus Two"), shall be amortized by Landlord over the useful life of such modifications, alterations or improvements, as determined in accordance with GAAPgenerally accepted accounting standards, and the monthly amortized cost of such modifications, alterations and improvements as so amortized shall be considered a Property Maintenance Cost (subjectCost. Notwithstanding anything contained herein to the contrary, if applicableexcept as caused by or resulting from the acts or omissions of Tenant or Tenant's architect, Tenant shall not be responsible for correcting any Building code violations or violations of other laws existing at the Commencement Date with respect to Paragraph 13.12 below)improvements constructed by Landlord and existing as of the Lease Commencement Date but, rather, Landlord shall be responsible for such correction.

Appears in 1 contract

Sources: Industrial Space Lease (Avant Corp)

Alterations Required by Law. (a) Landlord at its sole cost shall make all modifications, alterations and improvements to the Building, the Property, Building 4 or the Project, Property that are required by any governmental authority at any time due to the Landlord’s Base Building Work constructed by Landlord not having been in compliance with the Laws then applicable governing its constructionin effect on the Lease Commencement Date (unless caused by Tenant’s increasing the occupancy load of any portion of Building 4 above the load for a typical office/R&D use). In addition, any work required for Americans With Disabilities Act compliance of paths of travel to Building 4 and the Leased Premises will be performed and paid by Landlord, except to the extent triggered by Tenant’s particular use, as distinguished from general office use, or Tenant’s Non-Standard Improvements. (b) From and after the Lease Commencement Date, but in no event prior to substantial completion of Landlord’s Work, Tenant at its sole cost shall make all modifications, alterations and improvements to the Leased Premises, the Building, the Common Areas, the Property, Premises or the Project Building 4 that are required by any Law because of (i) Tenant’s particular use or occupancy of the Leased Premises, the Building, the Common Areas, the Property, Premises or the Project Building 4 (as opposed to the Permitted Use generally), (ii) Tenant’s application for any permit or governmental approval, or (iii) Tenant’s making of any modifications, alterations or improvements to or within the Leased Premises. (c) If Landlord shall, at any time during the Lease Term, be required by any governmental authority or Law to make any modifications, alterations or improvements to the BuildingLeased Premises, the PropertyBuilding 4, or the Project and the same is Property (which are not Landlord’s sole responsibility as described in subparagraph (a) above or Tenant’s sole responsibility under Paragraph 6.3(bas described in subparagraph (b) above), then Landlord shall do so and the cost incurred by Landlord in making such modifications, alterations or improvements, including interest at a rate equal to the Standard Interest Rate shall be amortized by Landlord over the useful life of such modifications, alterations or improvements, as determined in accordance with GAAP, and the monthly amortized cost of such modifications, alterations and improvements as so amortized shall be considered a Property Maintenance Cost (subject, if applicable, to Paragraph 13.12 below)Cost.

Appears in 1 contract

Sources: Sublease Agreement (Kodiak Sciences Inc.)

Alterations Required by Law. (aSubject to the provisions of Paragraphs 4.11 and 5.1(b) Landlord and Articles 10 and 11, Tenant shall make all Alterations to the Leased Premises or any portion thereof, at its sole cost shall make all modificationscost, alterations and improvements to the Building, the Property, or the Project, that are required by any governmental authority at any time due to the Landlord’s Work constructed by Landlord not having been in compliance with the Laws then applicable governing its construction. (b) From and after the Lease Commencement Date, but in no event prior to substantial completion of Landlord’s Work, Tenant at its sole cost shall make all modifications, alterations and improvements to the Leased Premises, the Building, the Common Areas, the Property, or the Project that are required by any Law because of (i) Tenant’s particular 's use or occupancy of the Leased Premises, the Building, the Common Areas, Premises or the Property, or the Project (as opposed to the Permitted Use generally), (ii) Tenant’s 's application for any permit or governmental approval, or (iii) Tenant’s 's making of any modifications, alterations or improvements Alteration to or within the Leased Premises. (c) . If Landlord shall, at any time during the Lease Term, be required by any governmental authority or Law to make any modifications, alterations or improvements Alteration to the Building, the Property, Buildings or the Project Property for any reason other than the failure of Landlord's Work to have been completed in a good and workmanlike manner and in compliance with applicable Laws in effect as of the date the same is not Tenant’s responsibility under Paragraph 6.3(b) abovewas completed, then Landlord shall do so and the cost incurred by Landlord in making such modifications, alterations or improvementsAlteration, including interest at a rate equal to the Standard Interest Rate sum of that rate quoted by ▇▇▇▇▇ Fargo Bank, N.T. & S.A. from time to time as its prime rate, plus two percent (2%) ("▇▇▇▇▇ Prime Plus Two"), but in no event more than the maximum rate of interest not prohibited or made usurious (the "Amortization Rate"), shall be amortized by Landlord over the useful life of such modifications, alterations or improvementsAlteration, as determined in accordance with GAAPgenerally accepted accounting principles, and the monthly amortized cost of such modifications, alterations and improvements as so amortized shall be considered a Property Maintenance Cost and shall be paid by Tenant to Landlord commencing on the first day of the month following completion of said work and thereafter on the first day of each calendar month during the Lease Term. At Tenant's request, Landlord shall present to Tenant reasonably acceptable documentation of Landlord's costs and the applicable calculations. Notwithstanding the foregoing, in the event that Tenant would be required by this Paragraph 6.2 to make a Alteration to the Building Shells or the Landlord's Improvements that would be considered a "capital improvement" as determined in accordance with generally accepted accounting principles due solely to a Law applicable to commercial buildings generally, Landlord shall make such repair or replacement and charge to Tenant, as Additional Rent, the cost thereof (subject, if applicable, to Paragraph 13.12 belowprovided that the cost of such Alteration shall be amortized over its useful life with interest at ▇▇▇▇▇ Prime Plus Two and only the amortizing portion of such cost shall be included in Additional Rent on a monthly basis).

Appears in 1 contract

Sources: Lease Agreement (Cell Genesys Inc)

Alterations Required by Law. (a) Landlord at its sole cost shall make all modifications, alterations and improvements to the Building, the Property, or the Project, that are required by any governmental authority at any time due to the Landlord’s Work constructed by Landlord not having been in compliance with the Laws then applicable governing its construction. (b) From and after the Lease Commencement Date, but in no event prior to substantial completion of Landlord’s Work, Tenant at its sole cost shall make all modifications, alterations and improvements to the Leased Premises, the Building, the Common Areas, the Property, or the Project Premises and Building 2 that are required by any Law because of (i) Tenant’s particular use or occupancy of the Leased Premises, the BuildingBuilding 2, the Common Areas, Areas or the Property, or the Project (as opposed to the Permitted Use generally), (ii) Tenant’s application for any permit or governmental approval, or (iii) Tenant’s making of any modifications, alterations or improvements to or within the Leased Premises. (cb) If Landlord shall, at any time during the Lease Term, be required by any governmental authority or Law to make any modifications, alterations or improvements to the Building, any portion of Building 2 or the Property, or the Project and the same is not Landlord’s responsibility pursuant to subparagraph (c) below nor Tenant’s responsibility under Paragraph 6.3(bpursuant to subparagraph (a) above, or Paragraph 4.7, or any other provision of this Lease, then Landlord shall do so and the cost incurred by Landlord in making such modifications, alterations or improvements, including interest at a rate equal to the Standard Interest Rate Rate, shall be amortized by Landlord over the useful life of such modifications, alterations or improvements, as determined in accordance with GAAP, and the monthly amortized cost of such modifications, alterations and improvements as so amortized shall be considered a Property Maintenance Cost Cost. (subjectc) Notwithstanding the foregoing, if applicablesuch governmental authority requires Landlord to make any modifications, alterations or improvements to Paragraph 13.12 below)any portion of Building 2 or the Property due to such portion not being in compliance with all Laws and Restrictions applicable thereto as of the date the building permit was issued for Building 2, and such portion has not theretofore been altered by Tenant in a manner which affects the Building 2 structure or materially affects the Building 2 systems, then any cost or expense incurred by Landlord to correct any noncompliance shall not constitute a Property Maintenance Cost hereunder.

Appears in 1 contract

Sources: Sublease Agreement (Applovin Corp)

Alterations Required by Law. (a) Landlord at its sole cost shall make all modifications, alterations and improvements to the Building, the Property, or the Project, that are required by any governmental authority at any time due to the Landlord’s Work constructed by Landlord not having been in compliance with the Laws then applicable governing its construction. (b) From and after the Lease Commencement Date, but in no event prior to substantial completion Substantial Completion of Landlord’s the Landlord Work, Tenant at its sole cost shall make all modifications, alterations and improvements to the Leased Premises, the Building, the Common Areas, the Property, or the Project that are required by any Law because of (i) Tenant’s particular use or occupancy of the Leased Premises, the Building, the Common Areas, the Property, or the Project (as opposed to the Permitted Use generally), (ii) Tenant’s application for any permit or governmental approval, or (iii) Tenant’s making of any modifications, alterations or improvements to or within the Leased Premises. (c) If Landlord shall, at any time during the Lease Term, be required by any governmental authority or Law to make any modifications, alterations or improvements to the Building, the Property, or the Project and the same is not Tenant’s responsibility under Paragraph 6.3(b) above, then Landlord shall do so and the cost incurred by Landlord in making such modifications, alterations or improvements, including interest at a rate equal to the Standard Interest Rate shall be amortized by Landlord over the useful life of such modifications, alterations or improvements, as determined in accordance with GAAP, and the monthly amortized cost of such modifications, alterations and improvements as so amortized shall be considered a Property Maintenance Cost (subject, if applicable, to Paragraph 13.12 below).

Appears in 1 contract

Sources: Lease Agreement (Palo Alto Networks Inc)