Common use of Landlord Alterations Clause in Contracts

Landlord Alterations. 2.3.1 Tenant hereby acknowledges that all work which was required to be performed by Landlord under the Lease has been performed. Except for Landlord's HVAC Work and Tenant's HVAC Work (as such terms are hereinafter defined), Tenant accepts the Demised Premises in its current "as is" condition and acknowledges that Landlord shall not be obligated to perform any work or make any installations or incur any expense in order to prepare the Demised Premises for Tenant's continued occupancy. 2.3.2 Tenant shall, at Tenant's cost and expense, replace the heating, ventilating and air-conditioning units currently servicing the office areas of the Demised Premises with comparable unties ("Tenant's HVAC Work"). Tenant's HVAC Work shall be performed in a good workmanlike manner, in compliance with all applicable laws and in compliance with the provisions of Article 9 of the Lease, as amended by Section 2.4 of the First Amendment. 2.3.3 Landlord shall, at Landlord's cost and expense, replace the heating, ventilating and air-conditioning units currently servicing the warehouse areas of the Demised Premises with comparable units ("Landlord's HVAC Work"). Landlord's HVAC Work shall be performed in a good workmanlike manner, in compliance with all applicable laws. Tenant hereby acknowledges that Landlord's HVAC Work shall be performed while Tenant is occupying the Demised Premises. Tenant hereby acknowledges and agrees that Landlord shall not be liable for any inconvenience to Tenant or for interference with Tenant's business or use of the Demised Premises during the performance of Landlord's HVAC Work. Tenant and its employees, invitees, agents and contractors may use the Demised Premises during the performance of Landlord's HVAC Work at their own risk, and Landlord shall not be responsible for injury or damage to property occasioned by the performance of Landlord's HVAC work unless same is due to Landlord's negligence or willful misconduct.

Landlord Alterations. 2.3.1 (a) Tenant hereby acknowledges and agrees that Landlord has completed all items of work which was previously required to be performed completed by Landlord under pursuant to the Lease has been performed. Except for Landlord's HVAC Work and Tenant's HVAC Work Lease. (as such terms are hereinafter defined), b) Tenant accepts shall accept the Demised Premises in its current "“as is" ” condition and acknowledges that Landlord shall not be obligated to perform any work or make any installations or incur any expense in order to prepare the Demised Premises for Tenant's continued occupancy. 2.3.2 Tenant shall, at Tenant's cost and expense, replace the heating, ventilating and air-conditioning units currently servicing the office areas as of the Demised Premises with comparable unties ("Tenant's HVAC Work"). Tenant's HVAC Work shall be performed in a good workmanlike mannerdate hereof, in compliance with all applicable laws and in compliance with the provisions of Article 9 of the Lease, as amended by Section 2.4 of the First Amendment. 2.3.3 except that Landlord shall, at Landlord's ’s sole cost and expense, replace (i) repair or replace, as necessary, one commode in the heatingrestroom located within the Premises; (ii) repair or replace, ventilating as necessary, one toilet tissue dispenser and air-conditioning units currently servicing one soap dispenser in the warehouse areas of restroom located within the Demised Premises; (iii) refinish the existing interior doors within the Premises; and (iv) refinish the existing hardwood floors in the reception area located within the Premises with comparable units ("Landlord's HVAC hereinafter collectively referred to as the “Extension Work"”). Landlord's HVAC The Extension Work shall be performed in a good workmanlike manner, in compliance with all applicable lawsby Landlord using Landlord’s Building-standard materials and finishes. Tenant hereby acknowledges that Landlord's HVAC the Extension Work shall be performed while Tenant is occupying the Demised Premises. Tenant shall be responsible for moving the furniture and equipment in the Premises (at Tenant’s sole cost and expense) in order to permit Landlord to perform the Extension Work. Tenant hereby acknowledges and agrees that Landlord shall not be liable for any inconvenience to Tenant or for interference with Tenant's ’s business or use of the Demised Premises during the performance of Landlord's HVAC the Extension Work. Tenant and its employees, invitees, agents and contractors may use the Demised Premises during the performance of Landlord's HVAC the Extension Work at their own risk, and Landlord shall not be responsible for injury or damage to property occasioned by the performance of Landlord's HVAC work the Extension Work unless same is due to Landlord's ’s negligence or willful misconduct.

Landlord Alterations. 2.3.1 Tenant hereby acknowledges that all work which was required to be performed by Landlord under the Lease has been performed. Except for Landlord's HVAC Work and Tenant's HVAC Work (as such terms are hereinafter defined), Tenant accepts the Demised Premises in its current "as is" condition and acknowledges that Landlord shall not be obligated to perform any work or make any installations or incur any expense in order to prepare the Demised Premises for Tenant's continued occupancy. 2.3.2 Tenant shall, at Tenant's cost and expense, replace the heating, ventilating and air-conditioning units currently servicing the office areas of the Demised Premises with comparable unties ("Tenant's HVAC Work"). Tenant's HVAC Work shall be performed in a good workmanlike manner, in compliance with all applicable laws and in compliance with the provisions of Article 9 of the Lease, as amended by Section 2.4 of the First Amendment. 2.3.3 except that Landlord shall, at Landlord's cost and expense, perform the following work: (a) replace the heating, heating ventilating and air-air conditioning units currently servicing the warehouse areas Demised Premises, (b) repair, seal and re-stripe the parking area, (c) repair all roof leaks, (d) repair the loading docks, (e) landscape the front entrance to the Demised Premises, (f) power wash the façade of the Demised Premises with comparable units Building, (g) replace the rear deck door and outside meter room door, and (h) perform the work and make the installations set forth on Exhibit 1 annexed hereto (collectively, "Landlord's HVAC Work"). Tenant shall be responsible for moving the furniture in the Demised Premises (at Tenant's sole cost and expense) in order to permit Landlord to perform Landlord's HVAC Work shall be performed in a good workmanlike manner, in compliance with all applicable lawsWork. Tenant hereby acknowledges that Landlord's HVAC Work shall be performed while Tenant is occupying the Demised Premises. Tenant hereby acknowledges and agrees that Landlord shall not be liable for any inconvenience to Tenant or for interference with Tenant's business or use of the Demised Premises during the performance of Landlord's HVAC Work. Tenant and its employees, invitees, agents and contractors may use the Demised Premises during the performance of Landlord's HVAC Work at their own risk, and Landlord shall not be responsible for injury or damage to property occasioned by the performance of Landlord's HVAC work Work unless same is due to Landlord's negligence or willful misconduct. Landlord shall promptly following the date hereof, file applications for the necessary building permits required for the performance of Landlord's Work and use due diligence to pursue the issuance of same. Notwithstanding anything to the contrary contained herein, if Landlord has not achieved substantial completion of Landlord's Work by the date that is nine (9) months following the date of issuance of a building permit for the performance of the Landlord's Initial Construction, and provided that such delay is not attributable to delays beyond the reasonable control of Landlord or tenant delay, then Tenant may deliver to Landlord written notice (the "Self Help Notice") of its intent to exercise its Self Help Remedy (as defined below). If Landlord has still not achieved substantial completion by the thirtieth (30th) day following effective delivery of the Self Help Notice, then Tenant may deliver to Landlord written demand to cease performance of the Landlord's Work, together with Tenant's written election to undertake the Self Help Remedy. The "Self Help Remedy" shall be the empowerment of Tenant to engage its own licensed, insured and reputable contractors and subcontractors for the purpose of completing the Landlord's Work, under the direction of Tenant. However, Tenant acknowledges and agrees that, with respect to any aspect(s) of the Landlord's Work that would affect, touch or concern the Building systems, Tenant shall only engage a contractor(s) or subcontractor(s) reasonably approved by Landlord for the performance of the subject work. If Tenant exercises the Self Help Remedy, then upon Tenant having achieved substantial completion, Landlord shall pay to Tenant, within thirty (30) days of tenant's invoice therefore (with reasonable backup documentation) the reasonable out-of-pocket expenses actually incurred by Tenant directly in connection with the Landlord's Work. In the event that Landlord fails to pay such invoice within ten (10) days after the date Tenant obtains a final, non-appealable judgment for same, Tenant may offset the amount of such invoices against ensuing payments of Rent (but in no event shall the offset against any particular installment of Rent exceed $20,000.00). Notwithstanding the foregoing, in the event of any dispute between the parties as to whether or not Tenant has the right to employ the Self Help Remedy, either party may submit such dispute to binding expedited arbitration conducted by the American Arbitration Association ("AAA"). The arbitration shall be commenced and held in the County of Suffolk at the AAA office or if none at another mutually agreeable location near the Building and shall be conducted before a single, independent arbitrator pursuant to their Commercial Arbitration Rules and Procedures. The arbitrator must be an individual with at least ten (10) years experience in the Nassau/Suffolk commercial real estate market. The sole issue before the arbitrator shall be whether Tenant is entitled to the employ the Self Help Remedy and in no event shall the arbitrator be empowered to award damages of any nature. The decision of the arbitrator shall be final and binding upon Landlord and Tenant.