Non-Standard Improvements Clause Samples
Non-Standard Improvements. Notwithstanding Section 22(a) above, Tenant shall remove such Non-Standard Improvements (defined below) as Landlord requests; however, Tenant shall not be required to remove any Non-Standard Improvements to the Premises or the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. As used herein, “Non-Standard Improvements” means, collectively, any cleanroom space installed by Tenant within the Premises, any roof penetrations, alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, and furniture related to such cleanroom or that are not typical warehouse improvements (in Landlord’s commercially reasonable judgment). Tenant shall repair all damage caused by removal of Non-Standard Improvements by Tenant pursuant to this Section 22(b), and upon removal of the Non-Standard Improvements, Tenant shall restore the applicable portions of the Premises to substantially the same condition as of the date of this Lease, including the roof. All such restoration work which may affect the Building’s Structure or the Building’s Systems must be approved by the Building’s engineer of record, at Tenant’s expense and, at Landlord’s election, must be performed by ▇▇▇▇▇▇▇▇’s usual contractor for such work. All restoration work affecting the Building roof must be performed by Landlord’s roofing contractor, and will not be permitted if it would void or reduce the warranty on the roof.
Non-Standard Improvements. Landlord shall permit Tenant to deviate from the Standards for the Tenant's Work; provided that (a) the deviations shall not be a lesser quality than the Standards, (b) the deviations conform to applicable governmental regulations and necessary governmental permits and approvals have been secured; (c) the deviations do not require building service beyond the level normally provided to other tenants in the Building and do not overload the floors; and (d) Landlord has reasonably determined that the deviations are of a nature and quality that are consistent with the overall objectives of the Landlord for the Building.
Non-Standard Improvements. Except as specified in the Preliminary Plan or otherwise authorized by Landlord, the Landlord's Work shall incorporate Landlord's building standard materials and specifications for Landlord's Work ("Standards"), which Standards shall be substantially similar to the building materials and specifications utilized by Landlord for other tenant improvements in the Building constructed by Landlord. No deviations from the Standards shall be permitted, provided that Landlord may, in its sole and absolute discretion, authorize in writing one or more of such deviations if requested by Tenant ("Non-Standard Improvements"), in which event any excess cost of such deviations shall be part of "Tenant's Contribution" (as hereinafter defined); provided that Tenant shall have approved such deviations and the cost thereof in writing in advance, and Tenant shall be solely responsible for the cost of replacing same with the applicable Standard item(s) upon the expiration or termination of this Lease (provided, however, that upon the written request of Tenant submitted concurrently with Tenant's request for Landlord's approval of such deviations, Landlord shall advise Tenant at that time whether or not such deviations must be removed upon the expiration or sooner termination of this Lease). Landlord shall in no event be required to approve any deviations from the Standards if Landlord determines that such improvement (i) is of a lesser quality than the corresponding Standard, (ii) fails to conform to applicable governmental requirements, (iii) requires building services beyond the level normally provided to other tenants, or (iv) would have an adverse aesthetic impact from the exterior of the Premises.
Non-Standard Improvements. The Tenant Improvement Plans must be consistent with Landlord’s standard specifications for Tenant Improvements for the project (the “Building Standards”), attached hereto and incorporated herein as Exhibit C-2. Landlord has reviewed Tenant's Space Plans, attached hereto as Exhibit C-3 and agrees that such Space Plans are approved and will not require removal and restoration as the end of the Term except to the extent Tenant modifies Tenant’s Space Plans and such changes are structural, mechanical or inconsistent with Building Standards. The Premises shall be separately metered for electricity, water and sewer; Landlord shall provide the meters, which shall be installed by Tenant. Landlord shall review Tenant’s Working Drawings for consistency with the Building Standards. Landlord shall permit Tenant to deviate from the Building Standards for the Tenant Improvements (“Non-Standard Improvements”), provided that (a) the Non-Standard Improvements shall be of a quality consistent with other recently constructed Class A office buildings and not of a quality or having a useful life less than the Building Standards or the Equivalent Building Standards; (b) the Non-Standard Improvements conform to applicable governmental regulations and necessary governmental permits and approvals have been secured; and (c) the Non-Standard Improvements do not require building service beyond the levels normally provided to other tenants in the Project unless such can be provided at no material detriment to another tenant and Tenant pays for such increased service. Tenant agrees that, notwithstanding anything to the contrary contained in the Lease, if Tenant, with Landlord’s approval, elects to install package HVAC units and/or lighting not included in the Building Standards, then, except to the extent of Landlord’s gross negligence of willful misconduct, Tenant will be solely responsible throughout the Term to maintain and repair and if necessary to replace such items at its sole cost.
