Common use of Construction of Alterations and Additions to the Leased Properties Clause in Contracts

Construction of Alterations and Additions to the Leased Properties. Lessee shall not (a) make or permit to be made any structural alterations, improvements or additions of or to the Leased Properties or any part thereof, or (b) materially alter the plumbing, HVAC or electrical systems thereon or (c) make any other alterations, improvements or additions the cost of which exceeds (i) Two Hundred Thousand Dollars ($200,000.00), per alteration, improvement or addition, or (ii) One Million Dollars ($1,000,000.00), in any Lease Year, unless and until Lessee has (d) caused complete plans and specifications therefor to have been prepared by a licensed architect and submitted to Lessor at least ninety (90) Business Days before the planned start of construction thereof, (e) obtained Lessor's written approval thereof and if required, the approval of any Facility Mortgagee, and (f) if required to do so by Lessor, provided Lessor with reasonable assurance of the payment of the cost of any such alterations, improvements or additions, in the form of a bond, letter of credit or cash deposit. If Lessor requires a deposit, Lessor shall retain and disburse the amount deposited in the same manner as is provided for insurance proceeds in Section 14.6. If the deposit is reasonably determined by Lessor at any time to be insufficient for the completion of the alteration, improvement or addition, Lessee shall immediately increase the deposit to the amount reasonably required by Lessor. Lessee shall be responsible for the completion of such improvements in accordance with the plans and specifications approved by Lessor, and shall promptly correct any failure with respect thereto.

Appears in 3 contracts

Samples: Credit Agreement (Williams Companies Inc), Master Lease (Williams Companies Inc), Master Lease (Williams Communications Group Inc)

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Construction of Alterations and Additions to the Leased Properties. 10.1.1 Lessee shall not (a) make or permit to be made any structural alterations, improvements or additions of or to the Leased Properties or any part thereof, or (b) materially alter the plumbing, HVAC or electrical systems thereon or (c) make any other alterations, improvements or additions the cost of which exceeds (i) Two Hundred Fifty Thousand Dollars ($200,000.00), 50,000.00) Dollars per alteration, improvement or addition, or (ii) One Million Dollars Hundred Fifty Thousand ($1,000,000.00), 150,000.00) Dollars in any Lease Year, unless and until Lessee has (dx) caused complete plans and specifications therefor to have been prepared by a licensed architect and submitted to Lessor at least ninety sixty (9060) Business Days before the planned start of construction thereof, (ey) obtained Lessor's ’s written approval thereof and if required(z), the approval of any Facility Mortgagee, and (f) if required to do so by Lessor, provided Lessor with reasonable assurance of the payment of the cost of any such alterations, improvements or additions, in the form of a bond, letter of credit or cash deposit. If Lessor requires a deposit, Lessor shall retain and disburse the amount deposited in the same manner as is provided for insurance proceeds in Section 14.6. If the deposit is reasonably determined by Lessor at any time to be insufficient for the completion of the alteration, improvement or addition, Lessee immediately shall immediately increase the deposit to the amount reasonably required by Lessor. Lessee shall be responsible for the completion of such improvements in accordance with the plans and specifications approved by Lessor, and promptly shall promptly correct any failure with respect thereto.

Appears in 2 contracts

Samples: Operations Transfer Agreement (Omega Healthcare Investors Inc), Master Lease (Omega Healthcare Investors Inc)

Construction of Alterations and Additions to the Leased Properties. 10.1.1 Lessee shall not (a) make or permit to be made any structural alterations, improvements or additions of or to the Leased Properties or any part thereof, or (b) materially alter the plumbing, HVAC or electrical systems thereon or (c) make any other alterations, improvements or additions the cost of which exceeds (i) Two One Hundred Thousand Dollars ($200,000.00), 100,000.00) Dollars per alteration, improvement or addition, or (ii) One Million Dollars Hundred Thousand ($1,000,000.00), 100,000.00) Dollars at a given Facility in any Lease Year, unless and until Lessee has (dx) caused complete plans and specifications therefor to have been prepared by a licensed architect and submitted to Lessor at least ninety thirty (9030) Business Days days before the planned start of construction thereof, (ey) obtained Lessor's ’s written approval thereof and if required, the approval of any Facility Mortgagee, Mortgagee and (f) z), if required to do so by Lessor, provided Lessor with reasonable assurance of the payment of the cost of any such alterations, improvements or additions, in the form of a bond, letter of credit credit, cash deposit or cash depositadequate evidence of financing for the alteration, improvement or addition. If Lessor requires a deposit, Lessor shall retain and disburse the amount deposited in the same manner as is provided for insurance proceeds in Section 14.6. If the deposit is reasonably determined by Lessor at any time to be insufficient for the completion of the alteration, improvement or addition, Lessee immediately shall immediately increase the deposit to the amount reasonably required by Lessor. Lessee shall be responsible for the completion of such improvements in accordance with the plans and specifications approved by Lessor, and promptly shall promptly correct any failure with respect thereto.

Appears in 1 contract

Samples: Master Lease (Omega Healthcare Investors Inc)

Construction of Alterations and Additions to the Leased Properties. Lessee shall not (a) make or permit to be made any structural alterations, improvements or additions of or to the Leased Properties or any part thereof, or (b) materially alter the plumbing, HVAC or electrical systems thereon or (c) make any other alterations, improvements or additions the cost of which exceeds exceeds, as to any given Facility (i) Two Hundred Twenty Five Thousand Dollars ($200,000.00), 25,000.00) Dollars per alteration, improvement or addition, or (ii) One Million Dollars Fifty Thousand ($1,000,000.00), 50,000.00) Dollars in any Lease YearYear as to any given facility, unless and until Lessee has (da) caused complete plans and specifications therefor to have been prepared by a licensed architect and submitted to Lessor at least ninety (90) Business Days before the planned start of construction thereof, and (eb) obtained Lessor's written approval thereof and if required, the approval of any Facility Mortgagee, and (f) if required to do so by Lessor, provided Lessor with reasonable assurance of the payment of the cost of any such alterations, improvements or additions, in the form of a bond, letter of credit or cash deposit. If Lessor requires a deposit, Lessor shall retain and disburse the amount deposited in the same manner as is provided for insurance proceeds in Section 14.6. If the deposit is reasonably determined by Lessor at any time to be insufficient for the completion of the alteration, improvement or addition, Lessee shall immediately increase the deposit to the amount reasonably required by Lessor. Lessee shall be responsible for the completion of such improvements in accordance with the plans and specifications approved by Lessor, and shall promptly correct any failure with respect thereto.

Appears in 1 contract

Samples: Kansas Master Lease (Alterra Healthcare Corp)

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Construction of Alterations and Additions to the Leased Properties. 10.1.1 Lessee shall not (a) make or permit to be made any structural alterations, improvements or additions of or to the Leased Properties or any part thereof, or (b) materially alter the plumbing, HVAC or electrical systems thereon or (c) make any other alterations, improvements or additions the cost of which exceeds (i) Two One Hundred Thousand Dollars ($200,000.00), 100,000.00) Dollars per alteration, improvement or addition, or (ii) One Million Dollars Hundred Thousand ($1,000,000.00), 100,000.00) Dollars in any Lease Year, unless and until Lessee has (dx) caused complete plans and specifications therefor to have been prepared by a licensed architect and submitted to Lessor at least ninety thirty (9030) Business Days days before the planned start of construction thereof, (ey) obtained Lessor's ’s written approval thereof and if required, the approval of any Facility Mortgagee, Mortgagee and (f) z), if required to do so by Lessor, provided Lessor with reasonable assurance of the payment of the cost of any such alterations, improvements or additions, in the form of a bond, letter of credit credit, cash deposit or cash depositadequate evidence of financing for the alteration, improvement or addition. If Lessor requires a deposit, Lessor shall retain and disburse the amount deposited in the same manner as is provided for insurance proceeds in Section 14.6. If the deposit is reasonably determined by Lessor at any time to be insufficient for the completion of the alteration, improvement or addition, Lessee immediately shall immediately increase the deposit to the amount reasonably required by Lessor. Lessee shall be responsible for the completion of such improvements in accordance with the plans and specifications approved by Lessor, and promptly shall promptly correct any failure with respect thereto.

Appears in 1 contract

Samples: Master Lease (Omega Healthcare Investors Inc)

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