Common use of Improvements and Modifications Clause in Contracts

Improvements and Modifications. (a) In addition to Lessee's obligations as Construction Agent to build the Financed Improvements under the Construction Agency Agreement, on and after the Base Term Commencement Date (i) Lessee, at Lessee's own cost and expense, shall make alterations, renovations, improvements and additions to the Premises or any part thereof and substitutions and replacements therefor (collectively, "Modifications") which are (A) necessary to repair or maintain the Premises in the condition required by Section 9.1; (B) necessary in order for the Premises to be in compliance in all material respects with Applicable Laws; or (C) necessary or advisable to restore the Premises to their condition existing prior to a Casualty or Condemnation to the extent required pursuant to Article XIV; and (ii) so long as no Lease Event of Default or Lease Default has occurred and is continuing, Lessee, at Lessee's own cost and expense, may undertake Modifications on the Premises so long as such Modifications comply with Applicable Laws and with Section 9.1 and subsection (b) of this Section 10.1. During the Interim Term, all Modifications (other than the Financed Improvements being built pursuant to the Approved Plans and Specifications and in compliance with the Construction Agency Agreement, and any modification permitted pursuant to and in accordance with Section 3.2 of the Construction Agency Agreement) shall be subject to the written approval of the Required Participants and the terms, conditions and restrictions set forth in the Construction Agency Agreement.

Appears in 1 contract

Samples: Secures Future Advances (Adc Telecommunications Inc)

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Improvements and Modifications. (a) In addition to Lessee's ’s obligations as Construction Agent to build the Financed Improvements under the Construction Agency Agreement, on and after the Base Term Commencement Date Date, (i) Lessee, at Lessee's ’s own cost and expense, shall make alterations, renovations, improvements and additions to the Premises Leased Property or any part thereof and substitutions and replacements therefor (collectively, "Modifications") which are (A) necessary to repair or maintain the Premises Leased Property in the condition required by Section 9.1; (B) necessary in order for the Premises Leased Property to be in compliance with Applicable Laws (including Environmental Laws) in all material respects with Applicable Lawsrespects; or (C) necessary or advisable to restore the Premises Leased Property to their its condition existing prior to a Casualty or Condemnation to the extent required pursuant to Article XIVXIV (collectively, a “Required Modification”); and (ii) so long as no Lease Default or Event of Default or Lease Default has Page 29 of 87xxxxx://xxx.xxx.xxx/Archives/xxxxx/data/702165/000070216519000020/nslease-030519.htm occurred and is continuing, Lessee, at Lessee's Xxxxxx’s own cost and expense, may undertake other Modifications on to the Premises Leased Property so long as such Modifications comply with Applicable Laws and with Laws, Section 9.1 and subsection Section 10.1(b) (b) of this Section 10.1. During the Interim Termcollectively, all Modifications (other than the Financed Improvements being built pursuant to the Approved Plans and Specifications and in compliance with the Construction Agency Agreement, and any modification permitted pursuant to and in accordance with Section 3.2 of the Construction Agency Agreement) shall be subject to the written approval of the Required Participants and the terms, conditions and restrictions set forth in the Construction Agency Agreementa “Permitted Modifications”).

Appears in 1 contract

Samples: Debt and Security Agreement

Improvements and Modifications. (a) In addition to Lessee's obligations as Construction Agent to build the Financed Improvements under the Construction Agency Agreement, on On and after the Base Term Commencement Date Date, (i) Lessee, at Lessee's ’s own cost and expenseexpense (except for any Final Completion Work, which shall be paid for from Advances made prior to or on the Base Term Commencement Date), shall make alterations, renovations, improvements and additions to the Premises Leased Property or any part thereof and substitutions and replacements therefor (collectively, "Modifications") which are (A) necessary to repair or maintain the Premises Leased Property in the condition required by Section 9.1; (B) necessary in order for the Premises Leased Property to be in compliance with Applicable Laws (including Environmental Laws) in all material respects with Applicable Lawsrespects; (C) necessary for the Leased Property to be used for a manufacturing facility; or (CD) necessary or advisable to restore the Premises Leased Property to their its condition existing prior to a Casualty or Condemnation to the extent required pursuant to Article XIVXIV (collectively, a “Required Modification”); and (ii) so long as no Lease Event of Default or Lease Default has occurred and is continuing, Lessee, at Lessee's Xxxxxx’s own cost and expense, may undertake other Modifications on to the Premises Leased Property so long as such Modifications comply with Applicable Laws and with Laws, Section 9.1 and subsection Section 10.1(b) (b) collectively, a “Permitted Modifications”). Table of this Section 10.1. During the Interim Term, all Modifications (other than the Financed Improvements being built pursuant to the Approved Plans and Specifications and in compliance with the Construction Agency Agreement, and any modification permitted pursuant to and in accordance with Section 3.2 of the Construction Agency Agreement) shall be subject to the written approval of the Required Participants and the terms, conditions and restrictions set forth in the Construction Agency Agreement.Content

Appears in 1 contract

Samples: Corning Inc /Ny

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Improvements and Modifications. (a) In addition to Lessee's obligations as Construction Agent to build the Financed Improvements under the Construction Agency Agreement, on On and after the Base Term Commencement Second Document Closing Date but subject to the final sentence of this paragraph (i) Lessee, at Lessee's own cost and expense, shall make alterations, renovations, improvements and additions to the Premises Leased Property or any part thereof and substitutions and replacements therefor (collectively, "ModificationsMODIFICATIONS") which are (A) necessary to repair or maintain the Premises Leased Property in the condition required by Section SECTION 9.1; (B) necessary in order for the Premises Leased Property to be in compliance in all material respects with Applicable Laws; or (C) necessary or advisable to restore the Premises Leased Property to their its condition existing prior to a Casualty or Condemnation to the extent required pursuant to Article ARTICLE XIV; and (ii) so long as no Lease Event of Default or Lease Default has occurred and is continuing, Lessee, at Lessee's own cost and expense, may may, following the Base Term Commencement Date, undertake Modifications on to the Premises Leased Property so long as such Modifications comply with Applicable Laws and with Section SECTION 9.1 and subsection (b) of this Section SECTION 10.1. During Prior to the Interim TermBase Term Commencement Date, all Modifications (other than the Financed Improvements being built pursuant to the Approved Plans and Specifications and in compliance with the Construction Agency Agreement, and any modification permitted pursuant to and in accordance with Section 3.2 of the Construction Agency Agreement) shall be subject to the written approval of the Required Participants and the terms, conditions and restrictions set forth in Section 3.2 of the Construction Agency Agreement.

Appears in 1 contract

Samples: Lease (Teletech Holdings Inc)

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