Common use of Improvements; Alterations Clause in Contracts

Improvements; Alterations. Any alterations, additions, deletions, modifications or utility installations in, of or to the improvements contained within the Premises as of the date hereof (collectively, "ALTERATIONS") shall be installed at Tenant's expense and only in accordance with reasonably detailed plans and specifications which have been previously submitted to and approved in writing by Landlord. No Alterations in or to the Premises may be made without (a) Landlord's prior written consent and (b) compliance with such requirements concerning such Alterations as Landlord may impose from time to time, including Landlord's right to charge a supervision fee equal to ten percent (10%) of the cost of such Alterations. Landlord may withhold its consent in its sole discretion to any Alteration that may affect the Building's structure or its HVAC, plumbing, telecommunications, elevator, life-safety, electrical, mechanical or other basic systems or the exterior appearance of the Project. Tenant shall not paint or install any lighting, decoration, sign, window or door lettering, or advertising media of any type on or about the Premises or the Project without the prior written consent of Landlord, which shall not be unreasonably withheld or delayed; however, Landlord may withhold its consent to any such installation which would affect the appearance of (or be visible from) the exterior of the Building or of any common areas of the Building. All Alterations made in or upon the Premises shall, (i) at Landlord's option, either be removed by Tenant prior to the end of the term (and Tenant shall restore the portion of the Premises affected to its condition existing immediately prior to such Alteration), or shall remain on the Premises at the end of the term without compensation to Tenant and (ii) be constructed, maintained, and used by Tenant, at its risk and expense, in accordance with all Laws and, to the extent applicable, pursuant to a valid building certificate of occupancy; Landlord's approval of the plans and specifications therefor shall not be a representation by Landlord that such Alterations comply with any Law. In the event that any Alteration made or initiated by Tenant shall cause, trigger or result in any portion of the Project outside of the Premises or any Building system inside or outside of the Premises being required by any governmental authority or official to be altered, improved, removed or modified, Landlord shall perform the same at Tenant's expense and shall charge the entire cost of such work, plus an administrative charge equal to ten percent (10%) of the cost of such work, to Tenant, which charges shall be payable to Landlord within ten (10) days of demand therefor; provided, that Landlord may require that Tenant prepay the entire cost of the same as a condition of commencement of any such Alteration. Upon completion of any Alteration made in or upon the Premises, Tenant agrees to cause a timely Notice of Completion to be recorded in the office of the Recorder of the County in which the Project is located in accordance with the terms of Section 3093 of the California Civil Code or any successor statute, and Tenant shall deliver to Landlord a legible and reproducible copy of the "AS-BUILT" drawings of any such Alterations within ten (10) days of completion of the same, together with evidence of full payment and unconditional final waivers of all liens for labor, services and materials.

Appears in 1 contract

Samples: Office Lease (Interactive Telesis Inc)

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Improvements; Alterations. Any alterationsTenant is taking possession of the Premises in its "as-is" condition, additions, deletions, modifications or utility installations in, of or subject to the improvements contained within Total Completion of Landlord's Work and further subject to the Premises as being (i) free of any prior occupant's or Landlord's personal property and in broom clean condition, (ii) free of Hazardous Materials and structural defects, and, (iii) all systems that serve the date hereof (collectivelyPremises shall be in good condition and working order. Landlord's Work shall be completed in compliance with all applicable codes, "ALTERATIONS") rules, regulations and ordinances. Any additional improvements to the Premises shall be installed at Tenant's expense and only in accordance with reasonably detailed plans and specifications which have been previously submitted to and approved in writing by Landlord, which approval shall not have been unreasonably withheld, delayed or conditioned. Tenant shall complete the build-out of a first class financial institution in accordance with the terms of the Work Letter attached here to as Exhibit "F", on or before such date which is the earlier of (1) the date on which Tenant opens business in, or conducts business from, the Premises, or (2) the date which is sixty (60) days after the Commencement Date. No Alterations alterations or physical additions in or to the Premises may be made without (a) Landlord's prior written consent consent, which shall not be unreasonably withheld, conditioned or delayed and the approval, if applicable, of the City of Chicago, and any other body with authority over the Building, the Premises or Tenant's activities, any landmarks commission or authority (bincluding, but not limited to, the Commission on Chicago Landmarks) compliance and any person or entity, other than Landlord whose approval is required pursuant to the Declaration of Covenants, provided, however, that after the Commencement Date, Tenant may make alterations within the Premises which are not structural, do not adversely affect any Building system or the Common Area and are not outside the Premises with such requirements concerning such Alterations as Landlord may impose from time to timean aggregate cost of less than $50,000.00 in any lease year, including without Landlord's right to charge a supervision fee equal to ten percent prior consent, but Tenant shall, within thirty (10%30) of the cost days after completion of such Alterationsnon-structural alterations, provide Landlord with advice thereof and plans and specifications therefor if so prepared. Landlord may may, however, withhold its consent in its sole and absolute discretion to any Alteration alteration or addition that may would affect the Building's structure structure, facade or Common Area (including, without limitation, any access to lobby, access to lobby areas, freight elevators or service contracts) or any of its HVAC, plumbing, telecommunications, elevator, life-safety, electrical, or mechanical systems (including, without limitation, Building sprinkler and alarm systems) or which requires approval by any person or entity other basic systems or than Landlord pursuant to the exterior appearance Declaration of the ProjectCovenants. Tenant shall not paint or install any lightingexterior lighting or decorations, decorationsigns, signawnings, window or door lettering, or advertising media of any type on or about visible from the exterior of the Premises or the Project without the prior written consent of Landlord, which shall not be unreasonably withheld or delayed; provided, however, Landlord may withhold its consent to any such painting or installation (including, without limitation, signage and awnings) which would affect the appearance of (or be visible from) the exterior of the Building or of any common areas Common Area of the BuildingBuilding or which are visible from the street. Notwithstanding the foregoing, but subject to (a) Landlord's approval which shall not be unreasonably withheld or delayed, (b) the approval of the City of Chicago, the Xxxxxxxx of the Xxxx in which the Building is located and any landmarks commission or authority (including, but not limited to the Commission on Chicago Landmarks) and (c) the approval of any person or entity (other than Landlord), whose approval is required by the Declaration of Covenants, Landlord will install, at Tenant's expense, or may permit Tenant to install, signage for the operation of Tenant's business at the Building of the following nature, type and location (i) an identification plaque at the Michigan/Xxxxxx corner approximately 36 inches by 22 inches of look, style and the like reasonably approved by Landlord and Tenant alternatively, Landlord shall use commercially reasonable efforts to permit Tenant's name to appear on a clock at the Michigan/Xxxxxx corner which may be installed in the location shown on Exhibit "H" attached hereto and made a part hereof; and (ii) tasteful identification signs on the door to Tenant's lobby and on the pane immediately above such door, which signs may be backlit with low intensity white lights but shall not contain any colored, flashing or neon light. All Alterations signage shall be mutually acceptable to Landlord and Tenant and must be consistent in all respects with the signage of other tenants of the Retail Parcel. All alterations, additions, or improvements made in or upon the Premises shall, (i) at Landlord's option, either be removed by Tenant prior to the end of the term Term (and Tenant shall restore the portion of the Premises affected to its condition existing immediately prior to such Alterationrepair all damage caused thereby), or shall remain on the Premises at the end of the term Term without compensation to Tenant. In the event Tenant desires to leave any of its alterations, additions or improvement on the Premises at the time of expiration or sooner termination of this Lease, Tenant shall send written notice to Landlord requesting the same prior to the installation of such alterations, additions or improvements and Landlord shall determine, in writing, within ten (ii10) business days after receipt of Tenant's request, whether Tenant shall be allowed to leave such alterations, additions or improvements on the Premises at the time of expiration or sooner termination of this Lease. All alterations, additions, and improvements shall be constructed, maintained, and used by Tenant, at its risk and expense, in accordance with all Laws and, to the extent applicable, pursuant to a valid building certificate of occupancy; Laws. Landlord's approval of the plans and specifications therefor shall not be a representation by Landlord that such Alterations alterations, additions, or improvements comply with any Lawlaw. In the event that Nothing contained herein shall be construed as to give Tenant any Alteration made rights make any alternations, additions or initiated by Tenant shall cause, trigger or result improvements which in any portion of way affect the Project outside of Facade Parcel, other than the Premises or any Building system inside or outside of the Premises being required by any governmental authority or official signage rights granted to be altered, improved, removed or modified, Landlord shall perform the same at Tenant's expense and shall charge the entire cost of such work, plus an administrative charge equal to ten percent (10%) of the cost of such work, to Tenant, which charges shall be payable to Landlord within ten (10) days of demand therefor; provided, that Landlord may require that Tenant prepay the entire cost of the same as a condition of commencement of any such Alteration. Upon completion of any Alteration made in or upon the Premises, Tenant agrees to cause a timely Notice of Completion to be recorded in the office of the Recorder of the County in which the Project is located in accordance with the terms of this Section 3093 of the California Civil Code or any successor statute, and Tenant shall deliver to Landlord a legible and reproducible copy of the "AS-BUILT" drawings of any such Alterations within ten (10) days of completion of the same, together with evidence of full payment and unconditional final waivers of all liens for labor, services and materials6.1.

Appears in 1 contract

Samples: Lease Agreement (Privatebancorp Inc)

Improvements; Alterations. Any Except as expressly set forth in Exhibit D, any alterations, additions, deletions, modifications or utility installations in, of or to the improvements contained within at the Premises as of the date hereof (collectively, "ALTERATIONSAlterations") shall be installed at Tenant's expense and only in accordance with reasonably detailed plans and specifications specifications, construction methods, and all appropriate permits and licenses, all of which have been previously submitted to and approved in writing by Landlord, and by a professionally qualified and licensed contractor and subcontractors reasonably approved by Landlord. No Except as expressly set forth herein, no Alterations in or to the Premises may be made without (a) Landlord's prior written consent and (b) compliance with such requirements and construction regulations concerning such Alterations as Landlord may impose from time to time, including Landlord's right to charge a supervision fee equal to ten percent (10%) of the cost of such Alterations. Landlord may will not be deemed to unreasonably withhold its consent in its sole discretion to any Alteration that violates Regulations (hereinafter defined), may affect or be incompatible with the Buildingbuilding's structure or its HVAC, plumbing, telecommunications, elevator, life-safety, electrical, mechanical or other basic systems systems, or the exterior appearance of the Project. Tenant shall not paint or install any lighting, decoration, sign, window or door lettering, or advertising media of any type on or about the Premises or the Project without the prior written consent of Landlord, which shall not be unreasonably withheld or delayed; however, Landlord may withhold its consent to any such installation which would affect the appearance of (or be visible from) the exterior of the Building or of any common areas of the BuildingPremises. All Alterations made in or upon the Premises shall, (i) shall at Landlord's option, either be removed by Tenant at Tenant’s sole expense prior to the end of the term Term (and Tenant shall restore the portion of the Premises affected to its condition existing immediately prior to such Alteration), or shall remain on the Premises at the end of the term without compensation to Tenant and (ii) Term. All Alternations shall be constructed, maintained, insured and used by Tenant, at its risk and expense, in a first-class, good and workmanlike manner, and in accordance with all Laws and, to the extent applicable, pursuant to a valid building certificate of occupancy; Landlord's approval of the plans and specifications therefor shall not be a representation by Landlord that such Alterations comply with any LawRegulations (hereinafter defined). In the event that any Alteration made or initiated by Tenant shall cause, trigger or result in any portion of the Project outside of the Premises or any Building system inside or outside of the Premises being required by any governmental authority or official to be altered, improved, removed or modified, Landlord shall perform the same at Tenant's expense and shall charge the entire cost of such work, plus an administrative charge equal to ten percent (10%) of the cost of such work, to Tenant, which charges shall be payable to Landlord within At least ten (10) days before beginning construction of demand therefor; providedany Alteration, that Tenant shall give Landlord may require that Tenant prepay the entire cost written notice of the same as expected commencement date of that construction to permit Landlord to post and record a condition notice of commencement of any such Alterationnon-responsibility. Upon substantial completion of any Alteration made in or upon construction, if the Premiseslaw so provides, Tenant agrees to shall promptly cause a timely Notice notice of Completion completion to be recorded in the office of the Recorder recorder of the County county in which the Project Premises is located in accordance located. Notwithstanding anything to the contrary, Tenant shall be permitted to complete, without Landlord’s prior written consent, cosmetic or non-structural Alterations with the terms of Section 3093 a value less than $5,000 that Tenant determines are reasonably necessary for Tenant’s use and enjoyment of the California Civil Code or any successor statute, and Tenant shall deliver to Landlord a legible and reproducible copy of the "AS-BUILT" drawings of any such Alterations within ten (10) days of completion of the same, together with evidence of full payment and unconditional final waivers of all liens for labor, services and materialsPremises.

Appears in 1 contract

Samples: Lease

Improvements; Alterations. Any alterations, additions, deletions, modifications or utility installations in, of or to the improvements contained within the Premises as of the date hereof (collectively, "ALTERATIONS") shall be installed at Tenant's expense and only in accordance with reasonably detailed plans and specifications specifications, construction methods, and all appropriate permits and licenses, all of which have been previously submitted to and approved in writing by Landlord, and by a professionally qualified and licensed contractor and subcontractors approved by Landlord. No Alterations in or to the Premises may be made without (a) Landlord's prior written consent and (b) compliance with such nondiscriminatory requirements and construction regulations concerning such Alterations as Landlord may impose from time to time, including Landlord's right to charge a supervision fee equal to ten percent (10%) of the cost of such Alterations. Landlord may will not be deemed to unreasonably withhold its consent in its sole discretion to any Alteration that violates Regulations (hereinafter defined), may affect or be incompatible with the Building's structure or its HVAC, plumbing, telecommunications, elevator, life-safety, electrical, mechanical or other basic systems systems, or the exterior appearance of the Project. Tenant shall not paint or install any lighting, decoration, sign, window or door lettering, or advertising media of any type on or about the Premises or the Project without the prior written consent of Landlord, which shall not be unreasonably withheld or delayed; however, Landlord may withhold its consent to any such installation which would affect the appearance of (or be visible from) the exterior of the Building or of any common areas of the Building. All Alterations made in or upon the Premises shall, (i) at Landlord's option, either be removed by Tenant prior to the end of the term Term (and Tenant shall restore the portion of the Premises affected to its condition existing immediately prior to such Alteration), or shall remain on the Premises at the end of the term without compensation to Tenant and Term, (ii) be constructed, maintained, insured and used by Tenant, at its risk and expense, in a first-class, good and workmanlike manner, and in accordance with all Laws andRegulations (hereinafter defined), and (iii) shall be subject to the extent applicable, pursuant to a valid building certificate payment of occupancy; Landlord's approval of the plans and specifications therefor shall not be a representation by Landlord that such Alterations comply with any Lawstandard alterations supervision fee. In the event that any Alteration made or initiated by Tenant shall cause, trigger or result in any portion of the Project outside of the Premises or any Building system inside or outside of the Premises being required by any governmental authority or official to be altered, improved, removed or modified, Landlord shall perform the same at Tenant's expense and shall charge the entire cost of such work, plus an administrative charge equal to ten percent (10%) of the cost of such work, to Tenant, which charges shall be payable to Landlord within At least ten (10) days before beginning construction of demand therefor; providedany Alteration, that Tenant shall give Landlord may require that Tenant prepay the entire cost written notice of the same as expected commencement date of that construction to permit Landlord to post and record a condition notice of commencement of any such Alterationnon-responsibility. Upon substantial completion of any Alteration made in or upon construction, if the Premiseslaw so provides, Tenant agrees to cause a shall causes timely Notice notice of Completion completion to be recorded in the office of the Recorder recorder of the County county in which the Project Building is located in accordance with the terms of Section 3093 of the California Civil Code or any successor statute, and Tenant shall deliver to Landlord a legible and reproducible copy of the "AS-BUILT" drawings of any such Alterations within ten (10) days of completion of the same, together with evidence of full payment and unconditional final waivers of all liens for labor, services and materialslocated.

Appears in 1 contract

Samples: Industrial Lease (Sitesmith Inc)

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Improvements; Alterations. Any alterations, additions, deletions, modifications or utility installations in, of or Improvements to the improvements contained within Premises (including any signage, antennas, or risers respecting the Premises as of the date hereof (collectively, "ALTERATIONS"Building) shall may be installed at Tenant's the expense and of Tenant only in accordance with reasonably detailed plans and specifications which have been previously submitted to and approved in writing by Landlord, prior to the commencement of any improvements. No Alterations alterations or physical additions in or to the Premises may be made without (a) Landlord's ’s prior written consent and (b) compliance with such requirements concerning such Alterations as Landlord may impose from time to time, including Landlord's right to charge a supervision fee equal to ten percent (10%) of the cost of such Alterations. Landlord may withhold its consent in its sole discretion to any Alteration that may affect the Building's structure or its HVAC, plumbing, telecommunications, elevator, life-safety, electrical, mechanical or other basic systems or the exterior appearance of the Project. Tenant shall not paint or install any lighting, decoration, sign, window or door lettering, or advertising media of any type on or about the Premises or the Project without the prior written consent of Landlordconsent, which shall not be unreasonably withheld withheld, conditioned or delayed; however. Notwithstanding the foregoing, Landlord may withhold its consent to any such installation which would affect the appearance of (or be visible from) the exterior of the Building or of any common areas of the Building. All Alterations made in or upon the Premises shall, (i) at Landlord's option, either be removed by Tenant prior to the end of the term (and Tenant shall restore the portion of the Premises affected to its condition existing immediately prior to such Alteration), or shall remain on the Premises at the end of the term without compensation to Tenant and (ii) be constructed, maintained, and used by Tenant, at its risk and expense, in accordance with all Laws and, to the extent applicable, pursuant to a valid building certificate of occupancy; Landlord's approval of the plans and specifications therefor shall not be required to obtain Landlord’s consent for repainting, recarpeting, or other cosmetic alterations, tenant improvements, alterations or physical additions to the Premises which are cosmetic in nature totaling less than $25,000 in any single instance or series of related cosmetic alterations performed within a representation by Landlord six-month period (provided that such Alterations comply with any Law. In the event that any Alteration made or initiated by Tenant shall causenot perform any such cosmetic improvements, trigger alterations or result additions to the Premises in stages as a means to subvert or circumvent this provision). Tenant may, subject to applicable law and Landlord’s prior written approval, not to be unreasonably withheld, conditioned or delayed, and management, install signage at the Premises, only as provided herein. All alterations, additions, or improvements (whether temporary or permanent in character, and including without limitation all air-conditioning and all other equipment that is in any portion of manner connected to the Project outside of the Premises or any Building system inside or outside of the Premises being required by any governmental authority or official to be altered, improved, removed or modified, Landlord shall perform the same at Tenant's expense and shall charge the entire cost of such work, plus an administrative charge equal to ten percent (10%Building’s plumbing system) of the cost of such work, to Tenant, which charges shall be payable to Landlord within ten (10) days of demand therefor; provided, that Landlord may require that Tenant prepay the entire cost of the same as a condition of commencement of any such Alteration. Upon completion of any Alteration made in or upon the Premises, Tenant agrees either by Landlord or Tenant, shall be Landlord’s property at the end of the Term and shall remain on the Premises without compensation to cause a timely Notice Tenant. Approval by Landlord of Completion to be recorded any of Tenant’s drawings and plans and specifications prepared in connection with any improvements in the office Premises shall not constitute a representation or warranty of Landlord as to the Recorder adequacy or sufficiency of such drawings, plans and specifications, or the County in improvements to which they relate, for any use, purpose, or condition, but such approval shall merely be the Project is located in accordance with the terms consent of Section 3093 of the California Civil Code or any successor statute, and Tenant shall deliver to Landlord a legible and reproducible copy of the "AS-BUILT" drawings of any such Alterations within ten (10) days of completion of the same, together with evidence of full payment and unconditional final waivers of all liens for labor, services and materialsas required hereunder.

Appears in 1 contract

Samples: Respecting Lease (Sonus Networks Inc)

Improvements; Alterations. Any alterationsInitial Improvements to ALTERATIONS; the Premises, additions, deletions, modifications or utility installations in, of or shall be installed in accordance with Exhibit D. REPAIRS; Improvements to the improvements contained within the Premises as of the date hereof (collectively, "ALTERATIONS") shall be installed at Tenant's the expense and MAINTENANCE of Tenant only in accordance with reasonably detailed plans and specifications which have been previously submitted to and approved in writing by Landlord. No Alterations After the initial Tenant Improvements are made, no alterations or physical additions in or to the Premises may be made without (a) Landlord's prior written consent consent. Tenant may, subject to applicable law and (b) compliance with such requirements concerning such Alterations as Landlord may impose from time to time, including Landlord's right reasonable approval and management, install signage at the Premises. All alterations, additions, or improvements (whether temporary or permanent in character, and including without limitation all air-conditioning equipment and all other equipment that is in any manner connected to charge a supervision fee equal to ten percent (10%) of the cost of such Alterations. Landlord may withhold its consent in its sole discretion to any Alteration that may affect the Building's structure or its HVAC, plumbing, telecommunications, elevator, life-safety, electrical, mechanical or other basic systems or the exterior appearance of the Project. Tenant shall not paint or install any lighting, decoration, sign, window or door lettering, or advertising media of any type on or about the Premises or the Project without the prior written consent of Landlord, which shall not be unreasonably withheld or delayed; however, Landlord may withhold its consent to any such installation which would affect the appearance of (or be visible fromplumbing system) the exterior of the Building or of any common areas of the Building. All Alterations made in or upon the Premises shall, (i) at Landlord's option, either be removed by Tenant prior to the end of the term (and Tenant shall restore the portion of the Premises affected to its condition existing immediately prior to such Alteration), or shall remain on the Premises at the end of the term without compensation to Tenant and (ii) be constructed, maintained, and used by Tenant, at its risk and expense, in accordance with all Laws and, to the extent applicable, pursuant to a valid building certificate of occupancy; Landlord's approval of the plans and specifications therefor shall not be a representation by Landlord that such Alterations comply with any Law. In the event that any Alteration made or initiated by Tenant shall cause, trigger or result in any portion of the Project outside of the Premises or any Building system inside or outside of the Premises being required by any governmental authority or official to be altered, improved, removed or modified, Landlord shall perform the same at Tenant's expense and shall charge the entire cost of such work, plus an administrative charge equal to ten percent (10%) of the cost of such work, to Tenant, which charges shall be payable to Landlord within ten (10) days of demand therefor; provided, that Landlord may require that Tenant prepay the entire cost of the same as a condition of commencement of any such Alteration. Upon completion of any Alteration made in or upon the Premises, Tenant agrees either by Landlord or Tenant, shall be Landlord's property at the end of the Term and shall remain on the Premises without compensation to cause a timely Notice Tenant. Approval by Landlord of Completion to be recorded any Tenant's drawings and plans and specifications prepared in connection with any improvements in the office Premises shall not constitute a representation or warranty of Landlord as to the adequacy or sufficiency of such drawings, plans and specifications, or the improvements to which they relate, for any use, purpose, or condition, but such approval shall merely be the consent of Landlord as required hereunder. Notwithstanding anything in this Lease to the contrary, Tenant shall be responsible for the cost of all work required to comply with the retrofit requirements of the Recorder Americans with Disabilities Act of 1990 ("ADA") or other applicable laws pertaining to accessibility of the County Premises by disabled or handicapped persons, and all rules, regulations, and guidelines promulgated thereunder, as the same may be amended from time to time, necessitated by any installations, additions, or alterations made in which or to the Project is located in accordance with Premises at the terms request of Section 3093 or by Tenant or by Tenant's use of the California Civil Code Premises (other than retrofit work to the Building that is outside the Premises whose cost has been particularly identified as being payable by Landlord in an instrument signed by Landlord and Tenant), regardless of whether such cost is incurred in connection with retrofit work required in the Premises, including the Work (as defined in Exhibit D) or in other areas of the Building. Notwithstanding the foregoing, Tenant shall have the right to construct non-structural alterations and improvements to the Premises without Landlord's prior approval, if the cost of any successor statutealteration project does not exceed $25,000. Upon Tenant's written request delivered with notice to Landlord of, or request for consent from Landlord for, improvements or alterations, Landlord shall advise Tenant in writing whether Landlord will require Tenant to remove any alterations or improvements upon termination of this Lease. Tenant's furniture, equipment and other personal property installed in the Premises shall at all times be Tenant's property, and Tenant shall deliver may remove any or all of such property from the Premises at any time and from time to Landlord a legible and reproducible copy of the "AS-BUILT" drawings of any time provided that Tenant repairs all damages caused by such Alterations within ten (10) days of completion of the same, together with evidence of full payment and unconditional final waivers of all liens for labor, services and materialsremoval.

Appears in 1 contract

Samples: Commission Agreement (Avanex Corp)

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