Material Improvements Clause Samples

Material Improvements. (i) If Customer desires to make improvements to the Space including installation of any Equipment deemed material and substantial as reasonably determined by DataBank, Customer shall submit all plans and specifications for such work to be performed to DataBank for written approval. Such approval shall not be unreasonably withheld or delayed. No construction may commence until DataBank has given its written approval. (ii) Customer shall not employ any contractor to perform material improvements unless previously approved in writing by DataBank (and approved in writing by the landlord if required by the lease); approval shall not be unreasonably withheld. Customer shall ensure that each contractor and subcontractor participating in or performing material improvements shall warrant that such work shall be completed free from all mechanic’s and/or materialman’s liens and free from any and all defects in workmanship and materials for the period of time which customarily applies in good contracting practice, but in no event for less than one (1) year after the acceptance of the work by Customer and DataBank. The aforesaid warranties of each such contractor and subcontractor and Customer shall include the obligation to repair or replace in a thoroughly first-class and workmanlike manner all defects in workmanship and materials without any additional charge. The contracts and subcontracts for performance of the material improvements shall set forth such warranties so that they shall inure to the benefit of DataBank and Customer as their respective interests may appear. Such warranties shall be so written that either Customer or DataBank can directly enforce them, and Customer shall give to DataBank any assignment or other assurance to effectuate the same.

Material Improvements. To the Knowledge of National: (1) the Leased Properties (as defined below) and the material improvements on the Properties have access to sewer, water, gas, electric, telephone and other utilities as are necessary to allow the business of National and each of its Subsidiaries operated on the Leased Properties and Properties, as applicable, to be operated in the ordinary course consistent with past practice as currently operated. (2) the material improvements located on the Properties are in sufficiently good condition (except for ordinary wear and tear) for all purposes for which they are presently being used, and to the Knowledge of National, they are in material compliance with all Applicable Laws.

Material Improvements. Material Improvements will be reviewed at the meetings and approved by the committee as outlined in Section 2.3 of the Agreement.

Material Improvements. To the Knowledge of National, except as set forth on National Disclosure Schedule 3.7(b): (i) the material improvements on the Owned Real Property have access to such sewer, water, gas, electric, telephone and other utilities as are necessary to allow the business of National and each of its Subsidiaries operated thereon to be operated in the ordinary course as currently operated except where the failure to have such access would not have a Material Adverse Effect; and (ii) the material improvements located on the Owned Real Property are in sufficiently good condition (except for ordinary wear and tear) to allow the business of National and its Subsidiaries to be operated in the ordinary course as currently operated.

Material Improvements. If Customer desires to make improvements to the Space including installation of any Equipment deemed material and substantial as reasonably determined by DataBank, Customer shall submit all plans and specifications for such work to be performed to DataBank for written approval. Such approval shall not be unreasonably withheld or delayed. No construction may commence until DataBank has given its written approval. (ii) Customer shall not

Material Improvements. To the Company’s knowledge, except as set forth on \Schedule 4.1.15(b): (i) the material improvements on the Owned Real Property have access to such sewer, water, gas, electric, telephone and other utilities as are necessary to allow the Company to conduct its Business operated thereon in the ordinary course as currently operated (or expected to operate) except where the failure to have such access would not have a Material Adverse Effect; and (ii) the material improvements located on the Owned Real Property are in sufficiently good condition (except for ordinary wear and tear) to allow the Business to be operated in the ordinary course as currently operated.

Material Improvements. “Material Improvement” shall mean any renovations, construction or demolition to the land, buildings and infrastructure at Playland Park that materially changes the size, location, appearance, layout and character of the existing land, buildings and infrastructure at Playland Park.