Common use of Lessee's Improvements Clause in Contracts

Lessee's Improvements. Subject to the provisions of paragraphs 2.2 and 2.3 above, Lessee hereby acknowledges and agrees that it is accepting the Premises in their "As Is" condition and that Lessor shall not be obligated to construct or pay for any tenant improvements thereon except that Lessor shall provide to Lessee a tenant improvement allowance (the "Improvement Allowance") of up to Twenty Thousand Dollars ($20,000) to paint and carpet the existing office space in the Premises. The Improvement Allowance shall be promptly reimbursed to Lessee upon Lessor's receipt of paid invoices from Lessee with respect to such painting and carpeting. Any portion of the Improvement Allowance which is not used to paint and carpet the Premises within six (6) months of the Commencement Date shall be retained by the Lessor. Lessee acknowledges that all other improvements to the premises shall be made at Lessee's sole cost and expense and shall be subject to Lessor's prior written approval and the provisions of paragraphs 7.3 and 7.4 above. Furthermore, Lessee acknowledges and agrees that the execution and commencement of this Lease shall not be subject to, delayed or conditioned upon Lessee obtaining any governmental approvals or permits or other consents to construct any improvements in the Premises. Lessor expressly acknowledges that Lessee intends to construct additional improvements in the Premises promptly following the Commencement Date at a cost of approximately Two Hundred Thousand Dollars ($200,000). Lessor agrees that it shall, within seven (7) days of its receipt of any proposed plans and specifications for such alterations, provide to Lessee either Lessor's written approval of such plans and specifications or written notice of Lessor's disapproval thereof, which disapproval notice shall state the reasons for such disapproval and the specific changes to the submitted plans and specifications which must be made in order for Lessor to approve the same, if any. Lessor's response with respect to any revised plans and specifications shall thereafter be limited to five (5) days following its receipt of the revised documents. The failure of Lessor to respond in writing within the required time period shall conclusively be deemed to constitute Lessor's approval of the plans and specifications as submitted by Lessee.

Lessee's Improvements. Subject to the provisions of paragraphs 2.2 (a) The Facility and 2.3 aboverelated equipment constructed, Lessee hereby acknowledges and agrees that it is accepting installed or placed on the Premises in their "As Is" condition and that within the Transmission Premises by Lessee pursuant to this Lease shall be the sole property of Lessee, and Lessor shall not be obligated to construct have no ownership or pay for any tenant improvements thereon except that Lessor shall provide to Lessee a tenant improvement allowance (the "Improvement Allowance") of up to Twenty Thousand Dollars ($20,000) to paint and carpet the existing office space other interest in the Facility and related equipment owned by Lessee on the Premises or within the Transmission Premises. The Improvement Allowance Facility is and shall remain personalty of the Lessee, notwithstanding any present or future common ownership of the Facility and the Premises, and irrespective of whether any of the Facility is deemed to be promptly reimbursed a fixture or otherwise part of the Lessor Property or PW Building, and Lessor acknowledges that the Facility is and shall remain personal property of Lessee irrespective of the manner of its attachment or connection to the Lessor Improvements. ▇▇▇▇▇▇ acknowledges that ▇▇▇▇▇▇▇ may request a first priority security interest in the Facility as collateral for financing of the Facility, and Lessor consents to the grant by Lessee upon Lessor's receipt of paid invoices from such a security interest, and the filing of instruments necessary to perfect such a security interest under the Uniform Commercial Code in the Facility as personal property of the Lessee. (b) Throughout the Term Lessee with respect to such painting shall, at its sole cost and carpetingexpense, maintain Lessee’s Facility in good condition and repair, ordinary wear and tear excepted. Any portion of the Improvement Allowance which is not used to paint and carpet Facility constructed, installed or placed on the Premises or Transmission Premises by Lessee pursuant to this Lease may be replaced, repaired or refurbished by Lessee at any time. At the end of the Term, including any termination of the Lease, Lessee shall remove the Facility within six three (63) months from the date the Term expires or the Lease terminates. If ▇▇▇▇▇▇ fails to remove any portion of the Commencement Date shall be retained by the Lessor. Lessee acknowledges that all other improvements to the premises shall be made at Lessee's sole cost and expense and shall be subject to Lessor's prior written approval and the provisions of paragraphs 7.3 and 7.4 above. Furthermore, Lessee acknowledges and agrees that the execution and commencement of this Lease shall not be subject to, delayed or conditioned upon Lessee obtaining any governmental approvals or permits or other consents to construct any improvements in the Premises. Lessor expressly acknowledges that Lessee intends to construct additional improvements in the Premises promptly following the Commencement Date at a cost of approximately Two Hundred Thousand Dollars ($200,000). Lessor agrees that it shall, within seven (7) days of its receipt of any proposed plans and specifications for such alterations, provide to Lessee either Lessor's written approval of such plans and specifications or written notice of Lessor's disapproval thereof, which disapproval notice shall state the reasons for such disapproval and the specific changes to the submitted plans and specifications which must be made in order for Lessor to approve the same, if any. Lessor's response with respect to any revised plans and specifications shall thereafter be limited to five (5) days following its receipt of the revised documents. The failure of Lessor to respond in writing Facility within the required time period shall conclusively be deemed to constitute Lessor's approval period, that portion of the plans Facility shall be considered abandoned by ▇▇▇▇▇▇ and specifications Lessor may remove that portion of the Facility from the Premises and dispose of it in its sole discretion without notice or liability to Lessee. In the event Lessee fails to remove any of the Facility as submitted required, and Lessor removes any portion of the Facility at Lessor’s expense, ▇▇▇▇▇▇ shall reimburse Lessor for all reasonable costs of removing that portion of the Facility as required by Lesseethe Lease, less any salvage or resale value received by Lessor, within thirty days after receipt of an invoice from Lessor. (c) Lessee shall use reasonable care in the installation and construction of the Facility so as to avoid damage to the PW Building and Lessor Property and risk of injury to Lessor’s employees, customers, tenants, guests and invitees. Lessee shall secure its equipment, interests and supplies during construction, and remove any construction debris on a regular basis.

Lessee's Improvements. Subject Notwithstanding anything to the provisions contrary set forth in this Lease, all Utility Installations, Trade Fixtures and Alterations, including Lessee Owned Alterations and/or Utility Installations, shall be free and clear of paragraphs 2.2 any and 2.3 aboveall liens and/or encumbrances in favor of any third-party and shall be available, without limitation, to secure Lessee’s faithful performance of its obligations as set forth in this Lease. Upon any default or breach of this Lease by Lessee hereby acknowledges whereby Lessor elects to terminate the Lease, such Utility Installations, Trade Fixtures and agrees that it is accepting the Premises in their "As Is" condition Alterations, including Lessee Owned Alterations and/or Utility Installations, shall remain upon and that be surrendered by Lessee to Lessor shall not be obligated to construct or pay for any tenant improvements thereon except that Lessor shall provide to Lessee a tenant improvement allowance (the "Improvement Allowance") of up to Twenty Thousand Dollars ($20,000) to paint and carpet the existing office space in with the Premises. The Improvement Allowance shall be promptly reimbursed , subject to Lessee upon Lessor's receipt of paid invoices from Lessee with respect ▇▇▇▇▇▇’s right to such painting and carpeting. Any portion of remove the Improvement Allowance which is not used to paint and carpet the Premises within six (6) months of the Commencement Date shall be retained by the Lessor. Lessee acknowledges that all other improvements to the premises shall be made same, at Lessee's ▇▇▇▇▇▇’s sole cost and expense expense, as set forth below. The Premises shall otherwise be returned to Lessor in the same condition as of the date of this Lease, reasonable wear and shall tear excepted. After the Commencement Date, and thereafter from time to time at the reasonable request of Lessor, ▇▇▇▇▇▇ hereby agrees to execute certain security instruments, including, but not limited to, a UCC Form-1 or other filing, in order to create and/or perfect Lessor’s security interest in such Utility Installations, Trade Fixtures and Alterations, as set forth herein, which security instruments will be subject prepared by Lessor and submitted to Lessee, and recorded by ▇▇▇▇▇▇, at Lessor's prior written approval ’s sole cost and the provisions of paragraphs 7.3 and 7.4 aboveexpense. Furthermore, Lessee acknowledges and agrees that the execution and commencement Upon any termination or earlier expiration of this Lease shall not be subject toresulting from the default or breach of this Lease by Lessee, delayed or conditioned upon all Utility Installations, Trade Fixtures and Alterations, including Lessee obtaining any governmental approvals or permits or other consents to construct any improvements in the Premises. Lessor expressly acknowledges that Lessee intends to construct additional improvements Owned Alterations and/or Utility Installations, located in the Premises promptly following shall remain upon and be surrendered by ▇▇▇▇▇▇ with the Commencement Date at a cost of approximately Two Hundred Thousand Dollars ($200,000). Lessor agrees that it shallPremises, within seven (7) days of its receipt of any proposed plans and specifications for such alterations, provide subject to Lessee either Lessor's written approval of such plans and specifications or written notice of Lessor's disapproval thereof, which disapproval notice shall state the reasons for such disapproval and the specific changes ▇▇▇▇▇▇’s right to the submitted plans and specifications which must be made in order for Lessor to approve remove the same, if anyat ▇▇▇▇▇▇’s sole cost and expenses, as set forth below. Lessor's response with respect The Premises shall otherwise be returned to any revised plans and specifications shall thereafter be limited to five (5) days following its receipt Lessor in the same condition as of the revised documentsdate of this Lease, reasonable wear and tear excepted. The failure Notwithstanding the foregoing, upon any termination or expiration of Lessor to respond in writing within this Lease not resulting from the required time period shall conclusively be deemed to constitute Lessor's approval default or breach of the plans and specifications as submitted this Lease by Lessee, Lessee, at Lessee’s option, shall have the right to remove any such Utility Installations, Trade Fixtures and Alterations, including Lessee Owned Alterations and/or Utility Installations, at Lessee’s sole cost and expense, provided that (a) all such Utility Installations, Trade Fixtures and Alterations, including Lessee Owned Alterations and/or Utility Installations shall be removed by Lessee within 15 days after such termination or expiration of this Lease and (b) Lessee shall, at its sole cost and expense, repair any damage to the Premises caused by such removal.

Lessee's Improvements. Subject 3.1 The Lessor and the Lessee agree that the Property shall be used by the Lessee to operate and maintain thereon a Nitrogen generating facility and associated equipment for the purpose of supplying Lessor with gaseous Nitrogen. Lessee is prohibited from using the premises for anything other than the purpose stated herein. Lessee will obtain any necessary permits or licenses required to conduct its business on the property described in this Agreement and agrees to comply with all laws applicable to its manner of use. 3.2 The Lessor acknowledges and covenants that the Nitrogen generating facility placed on the Property including without limitation any and all buildings, machinery, storage tanks and equipment, and all supplies and spare parts stored on the Property (the Nitrogen generating facility and all supplies and spare parts thereof are collectively referred to hereinafter as "Lessee's Improvements") shall be and shall remain at all times personal property of the Lessee without regard to the provisions manner of paragraphs 2.2 affixation of the Lessee's Improvements. The Lessee's Improvements include those already in existence and 2.3 abovein place (which Lessee may continue to locate and operate on the Property notwithstanding the superseding of the prior leases pursuant to which the said Lessee Improvements were placed on the Property) by Lessee in connection with the intended expansion thereof by Lessee. 3.3 The Lessor shall permit the Lessee to erect a fence around the property and to post one or more signs in conspicuous places on the property and on the Lessee's Improvements identifying the Lessee's Improvements as belonging to the Lessee. Without limiting the generality of the foregoing, the Lessee hereby acknowledges may firmly affix to any Lessee's Improvement on the Property one or more decalcomania or metal plates showing the Lessee as the owner. 3.4 The Lessor will not deliver or indirectly create, incur, assume or suffer to exist any mortgage, security interest, pledge, lien, charge, encumbrance or claim on or with respect to Lessee's leasehold interest or Lessee's Improvements, title thereto or any interest therein, and agrees the Lessor shall promptly at its own expense, take such action as may be necessary duly to discharge any such mortgage, security interest, pledge, lien, charge, encumbrance or claim, except where such relates to fixtures which are part of the heating, plumbing and sewage disposal, water supply, air conditioning and power and lighting systems, none of which will, in the considered judgment of Lessor significantly interfere with Lessee's use of the LAC Plant Facility. If the Lessor fails to promptly discharge any such mortgage, security interest, pledge, lien, charge, encumbrance of claims, except where such relates to fixtures which are part of the heating, plumbing and sewage disposal, water supply, air conditioning and power and lighting systems, the Lessor shall deliver to the Lessee a payment bond, in form and substance satisfactory to the Lessee, covering the claim, failing which Lessee shall secure same for cost of Lessor. 3.5 The Lessor covenants that it is accepting will at all times waive any claim it may have against the Premises Lessee's Improvements, including without limitation any claim based on the laws of the state in their "As Is" condition which the Lessee's Improvements are fixtures and that form a part of the realty. 3.6 The Lessor shall not permit any indebtedness of the Lessor to be obligated to construct or pay for any tenant improvements thereon except that Lessor shall provide to Lessee a tenant improvement allowance (the "Improvement Allowance") of up to Twenty Thousand Dollars ($20,000) to paint and carpet the existing office space secured by an interest in the Premises. Lessee's Improvements or the Property and shall indemnify and save harmless the Lessee from any loss, cost, damage, injury or expense suffered by reason of any claim of third persons whomsoever (whether as purchaser, secured party or otherwise) who assert rights in the Lessee's leasehold interest, the Property, or the Lessee's Improvements. 3.7 The Improvement Allowance shall be promptly reimbursed Lessee will not directly or indirectly create, incur, assume or suffer to Lessee upon Lessor's receipt of paid invoices from Lessee exist any mortgage, security interest, pledge, lien, charge, encumbrance or claim on or with respect to the Property, or, title thereto or any interest therein, and the Lessee shall promptly at its own expense, take such painting action as may be necessary duly to discharge any such mortgage, security interest, pledge, lien, charge, encumbrance or claim. If Lessee fails to promptly discharge any such mortgage, security interest, pledge, lien, charge, encumbrance of claims, the Lessee shall deliver to the Lessor a payment bond, in form and carpeting. Any portion substance satisfactory to the Lessor, covering the claim, failing which Lessor shall secure same for cost of Lessee. 3.8 The Lessee shall not permit any indebtedness of the Improvement Allowance which is not used Lessee to paint and carpet be secured by an interest in the Premises within six (6) months of the Commencement Date shall be retained by the Lessor. Lessee acknowledges that all other improvements to the premises shall be made at Lessee's sole cost and expense Property and shall be subject to Lessor's prior written approval indemnify and save harmless the provisions Lessor from any loss, cost, damage, injure or expense suffered by reason of paragraphs 7.3 and 7.4 above. Furthermoreany claim of third persons whomsoever (whether as purchaser, Lessee acknowledges and agrees that the execution and commencement of this Lease shall not be subject to, delayed secured party or conditioned upon Lessee obtaining any governmental approvals or permits or other consents to construct any improvements otherwise) who assert rights in the Premises. Lessor expressly acknowledges that Lessee intends to construct additional improvements in the Premises promptly following the Commencement Date at a cost of approximately Two Hundred Thousand Dollars ($200,000). Lessor agrees that it shall, within seven (7) days of its receipt of any proposed plans and specifications for such alterations, provide to Lessee either Lessor's written approval of such plans and specifications or written notice of Lessor's disapproval thereof, which disapproval notice shall state the reasons for such disapproval and the specific changes to the submitted plans and specifications which must be made in order for Lessor to approve the same, if any. Lessor's response with respect to any revised plans and specifications shall thereafter be limited to five (5) days following its receipt of the revised documents. The failure of Lessor to respond in writing within the required time period shall conclusively be deemed to constitute Lessor's approval of the plans and specifications as submitted by LesseeProperty.