Common use of Construction of Additional Improvements Clause in Contracts

Construction of Additional Improvements. (a) Tenant shall be responsible for constructing certain additional interior improvements within the Demised Premises (the "Additional Improvements"). Within thirty (30) days after the date hereof, Tenant shall, at its sole cost and expense, prepare and submit to Landlord for Landlord's written approval of disapproval (which approval will not be unreasonably withheld or conditioned) a complete set of plans and specifications and construction drawings (collectively, the "Plans and Specifications") covering all work to be performed by Tenant in constructing the Additional Improvements. The Plans and Specifications shall be in such detail as Landlord may reasonably require and shall be in compliance with all applicable statutes, ordinances and regulations. Landlord shall review the Plans and Specifications and indicate requested changes, if any, by written notice to Tenant, within ten (10) days after receipt of the Plans and Specifications by Landlord. If Landlord fails to indicate such requested changes to the Plans and Specifications by such date, the Plans and Specifications shall be deemed approved. Thereafter, any changes to the Plans and Specifications shall be subject to Landlord's written approval. (b) Tenant or its contractor shall construct the Additional Improvements in a good, first-class and workmanlike manner and in accordance with the Plans and Specifications. Tenant shall carry, or cause its contractor to carry, insurance reasonably satisfactory to Landlord throughout the construction of the Additional Improvements. (c) Upon substantial completion of the Additional Improvements, a representative of Landlord and a representative of Tenant together shall inspect the Demised Premises and generate a punchlist of defective or uncompleted items relating to the completion of construction of the Additional Improvements. Tenant shall, within a reasonable time after such punchlist is prepared and agreed upon by Landlord and Tenant, complete such incomplete work and remedy such defective work as are set forth on the punchlist. (d) Landlord shall reimburse Tenant for Tenant's costs (as defined in subsection (e) below) incurred in constructing the Additional Improvements, up to Sixty Thousand and No/100 Dollars ($60,000.00) (the "Tenant Allowance") as follows: (1) Landlord shall pay fifty percent (50%) of the Tenant Allowance to Tenant at such time as: (i) Tenant has delivered to Landlord copies of Tenant's building permit; (ii) Tenant has received Landlord's written approval of the Plans and Specifications; (iii) Tenant's contractor has completed fifty percent (50%) of the Additional Improvements within the Demised Premises, as evidenced by a certificate from Tenant's architect and invoices, receipts and other evidence reasonably required by Landlord to evidence the cost of the Additional Improvements made as of the date of Tenant's request for payment; and (iv) Tenant has delivered to Landlord partial lien waivers for the first fifty percent (50%) of the Additional Improvements, from Tenant's contractor, all subcontractors and all laborers or material suppliers having performed any work at the Demised Premises relating to the construction of the first fifty percent (50%) of the Additional Improvements. (2) Landlord shall pay the remainder of the Tenant Allowance to Tenant at such time that Tenant's contractor has: (i) substantially completed the Additional Improvements and received a certificate of occupancy from the applicable governing authority; (ii) delivered to Landlord lien waivers and affidavits from Tenant's contractor, all subcontractors, and all laborers or materials suppliers having performed any work at the Demised. Premises relating to the Additional Improvements, together with any other evidence reasonably required by Landlord to satisfy Landlord's title insurer that there are no parties entitled to file a lien against the real property underlying the Project in connection with such work; and (iii) delivered to Landlord all invoices, receipts and other evidence reasonably required by Landlord to evidence the cost of the Additional Improvements.

Construction of Additional Improvements. (a) Tenant acknowledges --------------------------------------- that Landlord may from time to time construct additional improvements, including additional buildings, on the Project. Landlord shall have the right to construct such improvements, and, provided Landlord performs such work as set forth below, Tenant shall be responsible for constructing certain additional interior improvements within the Demised Premises (the "Additional Improvements"). Within thirty (30) days after the date hereof, Tenant shall, at its sole cost and expense, prepare and submit to Landlord for Landlord's written approval of disapproval (which approval will not be unreasonably withheld entitled to any abatement of rent as a result of such construction or conditioned) the additional improvements, including, without limitation, due to the noise, dust, additional traffic, additional usage of and wear and tear on the Common Area, loss of view or disruption associated therewith and Tenant waives any and all claims which it or its employees, invitees, agents or contractors may have as a complete set of plans and specifications and construction drawings (collectively, the "Plans and Specifications") covering all work to be performed by Tenant in constructing the Additional Improvementsresult thereof. The Plans design, location and Specifications configuration of such improvements shall be in such detail as Landlord may reasonably require and shall be in compliance with all applicable statutes, ordinances and regulationsLandlord's sole discretion. Landlord shall review the Plans and Specifications and indicate requested changes, if any, by written notice to Tenant, within ten (10) days after receipt As a result of the Plans construction of such improvements, portions of the Common Area, including, without limitation, parking location, configuration and Specifications by Landlord. If Landlord fails to indicate such requested changes to the Plans and Specifications by such dateaccess, may be temporarily or permanently closed or modified; provided, however, the Plans and Specifications shall be deemed approved. Thereafter, any changes to the Plans and Specifications foregoing shall be subject to the provisions of Section 6.3 hereof. None of the foregoing shall give rise to any rights or claims by Tenant and Tenant shall not be entitled to any compensation or abatement of any kind with respect thereto. In the event that Landlord, in its sole discretion, elects to include such improvements as part of the Common Area and the Project, upon completion of such additional improvements, the Project Gross Leasable Area shall be increased due to the square footage of the additional improvements by an amount reasonably determined by Facility:___________________ Landlord, and Tenant's written approval. Share shall be appropriately adjusted based on such change to the Project Gross Leasable Area. Landlord shall use reasonable efforts to minimize disruption to Tenant's use of the Premises as a result of such construction (bwhich reasonable efforts shall not require Landlord to perform work outside of normal business hours) Tenant or its contractor and shall construct the Additional Improvements in a good, first-class and workmanlike manner and in accordance otherwise comply with the Plans and Specificationsrestrictions set forth in Section 6.3 hereof. Tenant Landlord shall carry, or cause have the right in its contractor sole discretion to carry, insurance reasonably satisfactory to Landlord throughout the construction sell portions of the Additional Improvements. (c) Upon substantial completion Project or to develop portions of the Additional ImprovementsProject as separate projects, a representative of Landlord and a representative of Tenant together shall inspect the Demised Premises and generate a punchlist of defective or uncompleted items relating to the completion of construction in which case such portions of the Additional Improvements. Tenant shall, within a reasonable time after such punchlist is prepared and agreed upon by Landlord and Tenant, complete such incomplete work and remedy such defective work as are set forth on the punchlist. (d) Landlord Project shall reimburse Tenant for Tenant's costs (as defined in subsection (e) below) incurred in constructing the Additional Improvements, up to Sixty Thousand and No/100 Dollars ($60,000.00) (the "Tenant Allowance") as follows: (1) Landlord shall pay fifty percent (50%) of the Tenant Allowance to Tenant at such time as: (i) Tenant has delivered to Landlord copies of Tenant's building permit; (ii) Tenant has received Landlord's written approval of the Plans and Specifications; (iii) Tenant's contractor has completed fifty percent (50%) of the Additional Improvements within the Demised Premises, as evidenced by a certificate from Tenant's architect and invoices, receipts and other evidence reasonably required by Landlord to evidence the cost of the Additional Improvements made as of the date of Tenant's request for payment; and (iv) Tenant has delivered to Landlord partial lien waivers for the first fifty percent (50%) of the Additional Improvements, from Tenant's contractor, all subcontractors and all laborers or material suppliers having performed any work at the Demised Premises relating to the construction of the first fifty percent (50%) of the Additional Improvements. (2) Landlord shall pay the remainder of the Tenant Allowance to Tenant at such time that Tenant's contractor has: (i) substantially completed the Additional Improvements and received a certificate of occupancy thereafter be excluded from the applicable governing authority; (ii) delivered to Landlord lien waivers term "Project" and affidavits from Tenant's contractor, all subcontractors, and all laborers or materials suppliers having performed any work at the Demised. Premises relating to the Additional Improvements, together with any other evidence reasonably required by Landlord to satisfy Landlord's title insurer that there are no parties entitled to file a lien against the real property underlying the Project in connection with such work; and (iii) delivered to Landlord all invoices, receipts and other evidence reasonably required by Landlord to evidence the cost of the Additional ImprovementsGross Leasable Areas shall not include any improvements located therein.

Construction of Additional Improvements. (a) 6.1 Tenant shall be responsible for constructing certain additional interior have the right to construct a building which shall connect to the exiting Facility and shall make other improvements within on the Demised Premises Leased Premises, consistent with plans and specifications approved by Landlord (the "Additional Improvementsplans and specifications"). Within thirty (30) days after Such building and improvements to be constructed by the date hereofTenant are collectively referred to as the "Tenant's New Facility" or "Tenant's New Facilities." Prior to commencement of construction of Tenant's New Facility, Tenant shallthe Landlord shall review and, at its sole cost and expensewhen acceptable, prepare and submit to Landlord for Landlord's written approval of disapproval (which approval will not be unreasonably withheld or conditioned) a complete set of approve all plans and specifications for the Tenant's New Facility and construction drawings (collectivelythe use of the Property, including review of landscaping and parking plans, and review for consistency with the "Plans Protective Covenants applicable to the Landlord's property in the Olds Station area of Chelan County. Landlord shall not unreasonably withhold its approval. 6.2 It is understood that the plans and Specifications") covering specifications will call for the Facilities to be structurally and aesthetically altered. The Landlord agrees to not unreasonably withhold consent to such alteration. Tenant understands and agrees that the cost and responsibility for any such alteration shall be Tenant's. 6.3 Tenant shall use its good faith efforts to have all work to be performed provided and called for by Tenant the plans and specifications done in constructing the Additional Improvements. The Plans a good and Specifications shall be in such detail as Landlord may reasonably require workmanlike manner and shall be in compliance with all applicable statuteslaws, ordinances ordinances, regulations or requirements of governmental authority, Landlord's protective covenants, and regulationsthe reasonable requirements of the insurers of the Tenant's New Facility. 6.4 Tenant shall indemnify Landlord from and against any and all claims, demands, causes of action, suits, judgments, or liabilities (including attorneys' fees, costs, and expenses (including attorneys' fees in enforcing this indemnity)) for any matter, including death or injuries to persons or loss or damage to property, arising out of or in connection with the construction of Tenant's New Facility, except as caused by Landlord's negligence, willful misconduct, or breach of the terms of this Lease. Landlord shall review This indemnification does not limit Tenant's indemnification under Paragraph 16 of the Plans Lease, and Specifications and indicate requested changesincludes, if anywithout limitation, by written notice any liability for injury to the person or property of Tenant, its agents, officers, employees, invitees, or licensees. 6.5 Tenant shall provide plans and specifications to Landlord within ten ninety (1090) days from the date of this Addendum and shall commence construction of the Tenant's New Facilities within sixty (60) days after receipt of Landlord has approved the Plans plans and Specifications by Landlord. If Landlord fails to indicate such requested changes to the Plans and Specifications by such date, the Plans and Specifications shall be deemed approved. Thereafter, any changes to the Plans and Specifications shall be subject to Landlord's written approval. (b) Tenant or its contractor shall construct the Additional Improvements in a good, first-class and workmanlike manner and in accordance with the Plans and Specificationsspecifications. Tenant shall carry, or cause its contractor proceed to carry, insurance reasonably satisfactory to Landlord throughout the construction of the Additional Improvements. (c) Upon substantial completion of the construction in a reasonable and diligent manner. 6.6 Additional Improvements, a representative of Landlord and a representative of Tenant together shall inspect the Demised Premises and generate a punchlist of defective or uncompleted items relating altered improvements to the completion Leased Premises may be added at Tenant's expense, upon prior written approval by the Landlord of construction plans and specifications for the new improvements. Such improvements shall be considered as part of the Additional ImprovementsTenant's New Facility and shall be constructed and kept as such, consistent with this Lease. 6.6.1 All approved alterations or improvements shall be at the Tenant's sole cost and expense; and Tenant shall use a licensed and bonded contractor for them. Tenant shallagrees that any alterations or improvements made shall not abate the rent. In the performance of such work Tenant agr▇▇▇ ▇o comply with all laws and ordinances and to hold Landlord harmless from any damage, within a reasonable time after such punchlist is prepared loss or expense caused by work performed by the Tenant. 6.6.2 Except as provided in Paragraph 7.1 below, Tenant shall keep the Leased Premises free from any liens and agreed upon shall indemnify and hold Landlord harmless and defend it from any liens or encumbrances, damage loss or expense arising out of any work performed or materials furnished by Landlord and or at the direction of the Tenant, complete such incomplete work or otherwise, or the Tenant's new facilities and remedy such defective work as are set forth on to the punchlistLeased Premises. (d) Landlord shall reimburse 6.7 Tenant is solely responsible for all aspects of the proposed Tenant's costs (as defined in subsection (e) below) incurred in constructing New Facility and is not relying on representations or warranties from Landlord regarding the Additional Improvements, up to Sixty Thousand and No/100 Dollars ($60,000.00) (the "Tenant Allowance") as follows: (1) Landlord shall pay fifty percent (50%) of the Tenant Allowance to Tenant at such time as: (i) Tenant has delivered to Landlord copies of proposed Tenant's building permit; (ii) Tenant has received Landlord's written approval of the Plans and Specifications; (iii) Tenant's contractor has completed fifty percent (50%) of the Additional Improvements within the Demised Premises, as evidenced by a certificate from Tenant's architect and invoices, receipts and other evidence reasonably required by Landlord to evidence the cost of the Additional Improvements made as of the date of Tenant's request for payment; and (iv) Tenant has delivered to Landlord partial lien waivers for the first fifty percent (50%) of the Additional Improvements, from Tenant's contractor, all subcontractors and all laborers or material suppliers having performed any work at the Demised Premises relating to the construction of the first fifty percent (50%) of the Additional ImprovementsNew Facility. (2) Landlord shall pay the remainder of the Tenant Allowance to Tenant at such time that Tenant's contractor has: (i) substantially completed the Additional Improvements and received a certificate of occupancy from the applicable governing authority; (ii) delivered to Landlord lien waivers and affidavits from Tenant's contractor, all subcontractors, and all laborers or materials suppliers having performed any work at the Demised. Premises relating to the Additional Improvements, together with any other evidence reasonably required by Landlord to satisfy Landlord's title insurer that there are no parties entitled to file a lien against the real property underlying the Project in connection with such work; and (iii) delivered to Landlord all invoices, receipts and other evidence reasonably required by Landlord to evidence the cost of the Additional Improvements.