Common use of Construction of Alterations Clause in Contracts

Construction of Alterations. Tenant may construct non-structural alterations, additions and improvements ("Alterations") in the Premises without Landlord's prior approval, if the per incidence cost of the Alteration in question does not exceed One hundred thousand and no/100 Dollars ($100,000) provided that Tenant first notify Landlord of such proposed improvements and provide Landlord at all times with an updated set of drawings relative to the Premises. And Landlord will advise, within 48 hours, whether it is to be restored when the lease terminates If Tenant desires to make Alterations costing more than One hundred thousand and no/100 Dollars ($100,000) or structural Alterations, Tenant shall first obtain Landlord's consent, which consent shall not be unreasonably withheld, and, if Landlord does not notify Tenant in writing of its reasonable disapproval of such Alteration within seven (7) days following Tenant's written request for approval and delivery to Landlord of the proposed plans, then Landlord shall be deemed to have approved the proposed Alternation. Landlord shall within the above-stated seven (7) day period advise Tenant in writing as to whether Landlord shall require removal of any Alteration in question upon the Expiration Date or earlier termination of the Lease Term. Tenant agrees that it will not proceed to make any Alterations until (a) Tenant has obtained all required governmental approvals and permits, as agreed upon by Landlord and Tenant and (b) Tenant has provided Landlord reasonable security, in form reasonably approved by Landlord, to protect Landlord against mechanics' lien claims. Tenant further agrees to provide Landlord (a) written notice of the anticipated start date and the actual start date of the work, and (b) a complete set of as-built drawings upon completion of the work. All Alterations shall be (a) performed in compliance with all applicable Laws and (b) maintained, replaced or repaired by Tenant at Tenant's sole costs and expense.

Construction of Alterations. Tenant may construct non-structural alterations, additions and improvements ("Alterations") in the Premises without Landlord's ' s prior approval, if the per incidence aggregate cost of the Alteration in question does not exceed One hundred thousand Twenty Five Thousand and no/100 no/l00ths Dollars ($100,00025,000.00) provided that Tenant first notify Landlord of such proposed improvements and provide Landlord at all times with an updated set of drawings relative to the Premises. And Landlord will advise, within 48 hours, whether it is to be restored when the lease terminates If Tenant desires to make nonstructural Alterations costing more than One hundred thousand Twenty Five Thousand and no/100 no/100ths Dollars ($100,00025,000.00) or structural Alterations, Tenant shall first obtain Landlord's ' s consent, which consent shall not be unreasonably withheld, and, if Landlord does not notify Tenant in writing of its reasonable disapproval of such Alteration within seven Three (73) days following Tenant's written request for approval and delivery to Landlord of the proposed plans, then Landlord shall be deemed to have approved the proposed Alternation. Upon the request of Tenant, Landlord shall within the above-stated seven Three (73) day period advise Tenant in writing as to whether Landlord shall require removal of any Alteration in question upon the Expiration Date or earlier termination of the Lease Term. Tenant agrees that it will not proceed to make any Alterations until (a) Tenant has obtained all required governmental approvals and permits, as agreed upon by Landlord and Tenant and (b) Tenant has provided Landlord reasonable security, in form reasonably approved by LandlordLandlord , to protect Landlord against mechanics' lien claims. Tenant further agrees to provide Landlord (a) written notice of the anticipated start date and the actual start date of the work, and (b) a complete set of as-built drawings upon completion of the work. All Alterations shall be (a) performed in compliance with all applicable Laws and (b) maintained, replaced or repaired by Tenant at Tenant's sole costs and expense. Furthermore, Tenant shall provide Landlord with updated floor plans depicting any changes in the open office landscape portion of the facility to include the cubicle layout and open office stations and wiring configurations and plans within ninety (90) days after such modifications occur.

Construction of Alterations. Tenant may construct non-structural alterations, additions and improvements ("Alterations") in the Premises without Landlord's prior approval, if the per incidence cost In addition to any provisions of the Alteration in question does not exceed One hundred thousand and no/100 Dollars ($100,000) provided that Tenant first notify Landlord of such proposed improvements and provide Landlord at all times with an updated set of drawings relative to the Premises. And Landlord will adviseLease, within 48 hours, whether it is to be restored when the lease terminates If Tenant desires to make Alterations costing more than One hundred thousand and no/100 Dollars ($100,000) or structural Alterations, Tenant shall first obtain Landlord's consent, which consent shall not be unreasonably withheld, and, if Landlord does not notify Tenant in writing of its reasonable disapproval of such Alteration within seven (7) days following Tenant's written request for approval and delivery to Landlord of the proposed plans, then Landlord shall be deemed to have approved the proposed Alternation. Landlord shall within the above-stated seven (7) day period advise Tenant in writing as to whether Landlord shall require removal of any Alteration in question upon the Expiration Date or earlier termination of the Lease Term. Tenant agrees that it will not proceed to make any Alterations until (a) Tenant has obtained all required governmental approvals and permits, as agreed upon by Landlord and Tenant and (b) Tenant has provided Landlord reasonable security, in form reasonably approved by Landlord, to protect Landlord against mechanics' lien claims. Tenant further agrees to provide Landlord (a) written notice of the anticipated start date and the actual start date of the work, and (b) a complete set of as-built drawings upon completion of the work. All Alterations shall be (a) at Tenant’s sole cost and expense, and shall be performed in compliance with all the terms of this Agreement, the Lease, the plans and specifications approved by Sublessor and Landlord, if applicable, and any applicable Laws Law, including, but not limited to, obtaining any necessary licenses or permits, and any requirements of Sublessor’s insurers and Tenant’s insurers. The Alterations shall be performed diligently and in a good and workmanlike manner, and shall be expeditiously completed using materials of a quality that is at least equal to the present construction. Tenant agrees to engage parties that will not unreasonably interfere or cause any conflict with other contractors, mechanics, or laborers engaged in the construction, maintenance, or operation of the Leased Premises or the Building. Tenant and any contractor, subcontractor, or other person undertaking the Alterations on behalf of Tenant shall be covered by workmen’s compensation insurance with such coverage and minimum limits as required by Law and commercial general liability insurance (bnaming Sublessor and Landlord as an additional insureds) maintainedwith coverage limits reasonably acceptable to Sublessor, replaced and evidence thereof shall be furnished to Sublessor prior to accessing the Property for the performance of the Alterations. Any mechanic’s liens, or repaired other similar liens, filed against the Subleased Premises or any other portion of the Property for work claimed to have been done for, or materials claimed to have been furnished to, Tenant shall be discharged by Tenant Tenant, at Tenant's ’s sole costs cost and expense, by bond or otherwise, within thirty (30) days after the recording thereof, or such shorter time period as set forth in the Lease. If Tenant shall fail to discharge such mechanic’s lien or other similar lien in accordance with the foregoing, then Sublessor may file such a bond, at Tenant’s expense, and Tenant shall reimburse Sublessor for any cost or expense so incurred by Sublessor within fifteen (15) business days of Tenant’s receipt of billing from Sublessor.

Construction of Alterations. Tenant may construct non-structural alterationsshall pay when due all claims for labor or materials furnished or alleged to have been furnished to or for Tenant at, additions and improvements ("Alterations") on, or for use in the Premises without Landlord's prior approval, if the per incidence cost of the Alteration in question does not exceed One hundred thousand and no/100 Dollars ($100,000) provided that Tenant first notify Landlord of such proposed improvements and provide Landlord at all times with an updated set of drawings relative to the Premises. And Landlord will advise, within 48 hours, whether it is to be restored when the lease terminates If Tenant desires to make Alterations costing more than One hundred thousand and no/100 Dollars ($100,000) or structural Alterations, Tenant shall first obtain Landlord's consentkeep the Building, which consent including the Premises, free and clear of all mechanics’ liens and all other liens. Tenant shall not be unreasonably withheld, and, if give Landlord does not notify Tenant in writing of its reasonable disapproval of such Alteration within seven (7) days following Tenant's immediate written request for approval and delivery to Landlord of the proposed plans, then Landlord shall be deemed to have approved the proposed Alternation. Landlord shall within the above-stated seven (7) day period advise Tenant in writing as to whether Landlord shall require removal notice of any Alteration in question upon lien filed against the Expiration Date Building, including the Premises, related to or earlier termination of arising from work performed by or for the Lease TermTenant. Tenant agrees that it will shall give Landlord not proceed to make any Alterations until less than ten (a10) Tenant has obtained all required governmental approvals and permits, as agreed upon by Landlord and Tenant and (b) Tenant has provided Landlord reasonable security, in form reasonably approved by Landlord, to protect Landlord against mechanics' lien claims. Tenant further agrees to provide Landlord (a) days’ prior written notice of the anticipated start date commencement of any Alterations in the Premises, and Landlord shall have the actual start date right to post notices of non-responsibility in or upon the Premises as provided by law. If Tenant shall in good faith contest the validity of any such lien, claim or demand, then Tenant, at its sole expense, shall defend, indemnify and hold Tenant and Landlord harmless against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against the Tenant, Landlord, the Premises or the Building. Upon Landlord’s request, Tenant shall furnish to Landlord a corporate surety bond, in form and content and issued by a corporate surety satisfactory to Landlord, in an amount equal to one and one-half (1-1/2) times the amount of such contested lien, claim or demand, indemnifying Landlord and Tenant from liability for any such lien, claim or demand and holding the Building (including the Premises), free and harmless from and against the effect of any such lien, claim or demand, and causing the release and reconveyance of said lien from the Building. In addition, Landlord shall have the right to require that Tenant pay Landlord’s attorneys’ fees and disbursements, court costs and other costs in defending any such action if Landlord is named as a party to any such action, if the lien encumbers any portion or interest in the Building and/or if Landlord elects to defend any such action or lien. Tenant shall execute and deliver to Landlord a valid notice of completion of any Alterations in accordance with Section 3093 of the workCalifornia Civil Code, and as amended or recodified from time to time (b) a complete set “Tenant’s Certificate of as-built drawings upon completion Completion”), in recordable form. Landlord shall have the right to record or cause Tenant to record Tenant’s Certificate of Completion in the Official Records of the work. All Alterations shall be (a) performed in compliance with all applicable Laws and (b) maintainedCounty Recorder’s Office of the County of Santa Clara, replaced or repaired by Tenant at Tenant's sole costs and expenseCalifornia.

Construction of Alterations. Tenant may construct non-structural alterationsshall pay when due all claims for labor or materials furnished or alleged to have been furnished to or for Tenant at, additions and improvements ("Alterations") on, or for use in the Premises without Landlord's prior approval, if the per incidence cost of the Alteration in question does not exceed One hundred thousand and no/100 Dollars ($100,000) provided that Tenant first notify Landlord of such proposed improvements and provide Landlord at all times with an updated set of drawings relative to the Premises. And Landlord will advise, within 48 hours, whether it is to be restored when the lease terminates If Tenant desires to make Alterations costing more than One hundred thousand and no/100 Dollars ($100,000) or structural Alterations, Tenant shall first obtain Landlord's consentkeep the Building, which consent including the Premises, free and clear of all mechanics’ liens and all other liens. Tenant shall not be unreasonably withheld, and, if give Landlord does not notify Tenant in writing of its reasonable disapproval of such Alteration within seven (7) days following Tenant's immediate written request for approval and delivery to Landlord of the proposed plans, then Landlord shall be deemed to have approved the proposed Alternation. Landlord shall within the above-stated seven (7) day period advise Tenant in writing as to whether Landlord shall require removal notice of any Alteration in question upon lien filed against the Expiration Date Building, including the Premises, related to or earlier termination of arising from work performed by or for the Lease TermTenant. Tenant agrees that it will shall give Landlord not proceed to make any Alterations until less than ten (a10) Tenant has obtained all required governmental approvals and permits, as agreed upon by Landlord and Tenant and (b) Tenant has provided Landlord reasonable security, in form reasonably approved by Landlord, to protect Landlord against mechanics' lien claims. Tenant further agrees to provide Landlord (a) days’ prior written notice of the anticipated start date commencement of any Alterations in the Premises, and Landlord shall have the actual start date right to post notices of non-responsibility in or upon the Premises as provided by law. If Tenant shall in good faith contest the validity of any such lien, claim or demand, then Tenant, at its sole expense, shall defend, indemnify and hold Tenant and Landlord harmless against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against the Tenant, Landlord, the Premises or the Building. Upon Landlord’s request, Tenant shall furnish to Landlord a corporate surety bond, in form and content and issued by a corporate surety satisfactory to Landlord, in an amount equal to one and one-half (1½) times the amount of such contested lien, claim or demand, indemnifying Landlord and Tenant from liability for any such lien, claim or demand and holding the Building (including the Premises), free and harmless from and against the effect of any such lien, claim or demand, and causing the release and reconveyance of said lien from the Building. In addition, Landlord shall have the right to require that Tenant pay Landlord’s reasonable attorneys’ fees and disbursements, court costs and other reasonable costs actually incurred in defending any such action if Landlord is named as a party to any such action, if the lien encumbers any portion or interest in the Building and/or if Landlord elects to defend any such action or lien. Tenant shall execute and deliver to Landlord a valid notice of completion of any Alterations in accordance with Section 3093 of the workCalifornia Civil Code, and as amended or recodified from time to time (b) a complete set “Tenant’s Certificate of as-built drawings upon completion Completion”), in recordable form. Landlord shall have the right to record or cause Tenant to record Tenant’s Certificate of Completion in the Official Records of the work. All Alterations shall be (a) performed in compliance with all applicable Laws and (b) maintainedCounty Recorder’s Office of the County of Santa Clara, replaced or repaired by Tenant at Tenant's sole costs and expenseCalifornia.

Construction of Alterations. Tenant Except as provided in Paragraph 5.2 --------------------------- above, Subtenant shall not make any Alterations within the Demised Premises (other than any alterations necessary to fortify the floor of the Demised Premises and except as may construct non-structural alterationsbe expressly set forth otherwise in this Sublease, additions and improvements ("Alterations") or in the Premises Prime Lease) without LandlordSublandlord's prior approval, if the per incidence cost of the Alteration in question does not exceed One hundred thousand and no/100 Dollars ($100,000) provided that Tenant first notify Landlord of such proposed improvements and provide Landlord at all times with an updated set of drawings relative to the Premises. And Landlord will advise, within 48 hours, whether it is to be restored when the lease terminates If Tenant desires to make Alterations costing more than One hundred thousand and no/100 Dollars ($100,000) or structural Alterations, Tenant shall first obtain Landlord's written consent, which consent shall not be unreasonably withheld, andconditioned or delayed whenever Sublandlord's consent is required. Notwithstanding the foregoing, Subtenant shall have the right (a) to place or install in the Demised Premises such fixtures and equipment as Subtenant shall deem desirable for the conduct of business therein and to select the paint color it desires for the interior of the Demised Premises; (b) if Prime Landlord so consents (Prime Landlord's consent to be obtained through Sublandlord, if Landlord does not notify Tenant Prime Landlord's consent is required as set forth hereinabove), to make such further Alterations as Subtenant reasonably deems necessary to operate the Demised Premises and (c) to utilize Subtenant's contractors, so long as same have been approved by Sublandlord in writing of its reasonable disapproval prior to the commencement of such Alteration within seven (7) days following Tenant's written request for approval alterations. Any such Alterations shall be performed in accordance with the terms and delivery to Landlord conditions of the proposed plans, then Landlord Construction Provisions attached hereto as Exhibit G. Any Alterations made shall remain on and be deemed to have approved surrendered with the proposed Alternation. Landlord shall within the above-stated seven (7) day period advise Tenant in writing as to whether Landlord shall require removal of any Alteration in question upon the Expiration Date Demised Premises on expiration or earlier termination of the Lease Term, unless stated otherwise herein. Sublandlord may elect, by delivery of written notice, to require Subtenant to remove any Alterations that Subtenant has made to the Demised Premises. If Sublandlord so elects, Subtenant at its cost shall remove such Alterations and restore the Demised Premises to the condition designated by Sublandlord in its election, before the last day of the Term. Tenant Sublandlord hereby acknowledges and agrees that Subtenant will remove its Trade Fixtures at the end of the Term of this Sublease (as same may be extended, renewed or modified) and Subtenant acknowledges that it will not proceed to make shall repair all damage caused by the removal of same. If Subtenant makes any Alterations to the Demised Premises as provided in this paragraph, the Alterations shall not be commenced until ten (a10) Tenant business days after Sublandlord has obtained all required governmental approvals and permits, as agreed upon by Landlord and Tenant and (b) Tenant has provided Landlord reasonable security, in form reasonably approved by Landlord, to protect Landlord against mechanics' lien claims. Tenant further agrees to provide Landlord (a) received written notice from Subtenant stating the date the installation of the anticipated start date Alterations is to commence so that Sublandlord can post and the actual start date record an appropriate notice of the work, and (b) a complete set of as-built drawings upon completion of the work. All Alterations shall be (a) performed in compliance with all applicable Laws and (b) maintained, replaced or repaired by Tenant at Tenant's sole costs and expensenonresponsibility.