Common use of Remodeling Clause in Contracts

Remodeling. Tenant shall have the right at its expense ------------ ---------- to remodel, make additions and make alterations in the Demised Premises without the prior written consent of Landlord, provided Tenant shall not alter the roof, outside walls or structural matters without the prior written consent of Landlord. Tenant shall have the right, at Tenant's cost, to install any trade fixtures, partitions, equipment or other changes that it may find necessary to the conduct of Tenant's business. All such work as described in this Section 8.03 shall be performed by or on behalf of Landlord, at Tenant's sole cost. Landlord shall not charge any xxxx-up or fee for its services. Tenant shall have the right to approve all costs to be charged by Landlord in connection with such work. Tenant shall supply plans and specifications for such work to Landlord, who shall have the right to approve such plans and specifications, which August 7, 1995 (American Way Manufacturing Center) approval shall not be unreasonably withheld. In the event Landlord fails to timely commence such work or timely approve the plans and specifications, or if the costs proposed by Landlord are unacceptable to Tenant, Tenant may perform, or have performed, such work. All such alterations, changes, partitions and installations of trade fixtures and equipment shall be at the cost of Tenant, and Tenant hereby agrees to indemnify and save harmless Landlord from any and all costs or expenses, including reasonable attorneys' fees, that Landlord may incur by reason of any claim for labor performed or material furnished that may arise by reason of the installation of any fixtures or equipment or the installation of partitions by Tenant as herein provided or alterations or remodeling or any work of any kind. Any and all trade fixtures and equipment installed by or on behalf of Tenant may be removed by it at the termination of this Lease, provided that Tenant shall not be in default in the performance of any of Tenant's obligations hereunder, and provided that Tenant shall repair any and all damage caused to the Demised Premises by the removal of any such trade fixtures and equipment, other than normal wear and tear. Trade fixtures or other property of Tenant not removed within fifteen (15) days after termination of the Lease shall become the property of the Landlord.

Remodeling. Landlord may, in connection with any remodeling of all or any portion of the Project, change, at Landlord's sole cost and expense, the dimensions or reduce the size of the Premises to not less than eighty-five percent (85%) of its original size; provided, however, that if, in Tenant's reasonable judgment, as a result thereof the remaining portion of the Premises is not suitable for the purpose for which Tenant has leased the Premises, Tenant may terminate this Lease upon sixty (60) days written notice to Landlord, which notice shall have the right at its expense ------------ ---------- be given within thirty (30) days after Landlord notifies Tenant of Landlord's intention to remodel; provided further, make additions and make alterations in however, that such termination shall not be effective if within thirty (30) days of Tenant's notice thereof, Landlord notifies Tenant either of its election to relocate Tenant pursuant to SECTION 2.3 hereof or to rescind Landlord's intention to remodel. If Tenant elects to terminate the Demised Premises without Lease under this SECTION 2.4, Landlord shall pay to tenant the prior written consent unamortized portion of Landlordthe TI Costs, provided Tenant shall is not alter in default at the roof, outside walls or structural matters without the prior written consent time of such termination. If Tenant does not elect to terminate this Lease pursuant to this SECTION 2.4 and as a result of Landlord. Tenant 's remodeling under this SECTION 2.4 there is any reduction in the area of Premises, then Minimum Rent shall have be reduced to an amount equal to that proportion of the right, at Tenant's cost, to install any trade fixtures, partitions, equipment or other changes Minimum Rent that it may find necessary the Floor Area after the remodeling bears to the conduct Floor Area of Tenant's business. All such work as described in this Section 8.03 shall be performed by or on behalf of Landlord, at Tenant's sole cost. Landlord shall not charge any xxxx-up or fee for its services. Tenant shall have the right Premises prior to approve all costs to be charged by Landlord in connection with such work. Tenant shall supply plans and specifications for such work to Landlord, who shall have the right to approve such plans and specifications, which August 7, 1995 (American Way Manufacturing Center) approval shall not be unreasonably withheldremodeling. In the event Landlord fails to timely commence such work or timely approve the plans and specifications, or if the costs proposed by Landlord are unacceptable to Tenant, Tenant may perform, or have performed, such work. All such alterations, changes, partitions and installations of trade fixtures and equipment shall be at the cost of Tenant, and Tenant hereby agrees to indemnify and save harmless Landlord from any and all costs or expenses, including reasonable attorneys' fees, that Landlord may incur by reason of any claim for labor performed or material furnished that may arise by reason of the installation of any fixtures or equipment or the installation of partitions by Tenant as herein provided or alterations or remodeling or any work of any kind. Any and all trade fixtures and equipment installed by or on behalf of Tenant may be removed by it at the termination of pursuant to this LeaseSECTION 2.4, provided that Tenant shall not be in default in the performance of any of Tenant's obligations hereunder, and provided that Tenant Landlord shall repair any damage to the Premises caused thereby. In connection with any such remodeling, Landlord may require Tenant to cease conducting business in the Premises for a period not to exceed thirty (30) days. The rent and all damage caused other costs and charges payable or reimbursable hereunder (other than premiums for insurance maintained by Tenant hereunder) shall be abated during any period that Landlord requires Tenant to cease conducting business and the Lease Term shall be extended by an amount of time equal to the Demised entire period during which Landlord requires Tenant to cease conducting business. Upon Landlord's request, Tenant shall execute an amendment designating any changes to the Premises by the removal of any such trade fixtures and equipment, other than normal wear and tear. Trade fixtures or other property of Tenant not removed within fifteen (15) days after termination of the Lease shall become the property of the Landlord.pursuant to this Section on EXHIBIT B.

Remodeling. Tenant shall have If at any time from time to time during the right at its expense ------------ ---------- to remodelTerm Landlord remodels all or any portion of the Project, make additions and make alterations in such remodeling includes all of the Demised Premises without the prior written consent of Landlordor a portion thereof, provided Tenant shall not alter the roof, outside walls or structural matters without the prior written consent of Landlord. Tenant shall have the right, at Tenant's cost, to install any trade fixtures, partitions, equipment or other changes that it may find necessary to the conduct of Tenant's business. All such work as described in this Section 8.03 shall be performed by or on behalf of Landlord, at Tenant's sole cost. then Landlord shall not charge any xxxx-up or fee for its services. Tenant shall have the right to approve change the dimensions or reduce the size of the Premises and to close all costs to be charged by Landlord in connection with such work. Tenant shall supply plans and specifications or a portion of the Project, for such work to Landlordperiod as Landlord deems advisable; provided, who however that if any such renovation requires the closing of the Premises, or any portion thereof, Landlord shall have obtain the right to approve such plans and specificationsprior consent of Tenant, which August 7, 1995 (American Way Manufacturing Center) approval consent shall not be unreasonably withheld, conditioned or delayed, including without limitation, consent as to the schedule for the renovations affecting the Premises so as to minimize any disruption to Tenant’s operations within the Premises. If Tenant is required to close all or a portion of the Premises in connection with such remodeling, then, as Tenant’s sole and exclusive remedy for such closure, Rent will be equitably abated based upon the portion of the floor area of the Premises that is rendered untenantable by such remodeling as a proportion of the total floor area of the Premises prior to such remodeling. In the event Landlord fails to timely commence such work or timely approve the plans and specifications, or if the costs proposed by Landlord are unacceptable to Tenant, Tenant may perform, or have performed, such work. All such alterations, changes, partitions and installations of trade fixtures and equipment shall be at the cost of Tenant, and Tenant hereby agrees to indemnify and save harmless Landlord from any and all costs or expenses, including reasonable attorneys' fees, that Landlord may incur by reason of any claim for labor performed or material furnished that may arise by reason of the installation of any fixtures or equipment or the installation of partitions by Tenant as herein provided or alterations or remodeling or any work of any kind. Any and all trade fixtures and equipment installed by or on behalf of Tenant may be removed by it at the termination of pursuant to this LeaseSection 2.7, provided that Tenant shall not be in default in the performance of any of Tenant's obligations hereunder, and provided that Tenant Landlord shall repair any and all damage caused to the Demised Premises by caused thereby, and in the removal event of any such trade fixtures and equipment, other than normal wear and tear. Trade fixtures or other property of Tenant not removed within fifteen (15) days after termination reduction in the area of the Lease Premises, as Tenant’s sole and exclusive remedy therefore, Rent shall become be equitably reduced based upon the property portion of the Landlordfloor area of the Premises that is rendered untenantable by such remodeling as a proportion of the total floor area of the Premises prior to such remodeling.

Remodeling. Tenant shall have the right at its expense ------------ ---------- to remodel, make additions and make alterations in the Demised Premises without the prior written consent of Landlord, provided Tenant shall not alter the roof, outside walls or structural matters without the prior written consent of Landlord. Tenant shall have the right, at Tenant's cost, to install any trade fixtures, partitions, equipment or other changes that it may find necessary to the conduct of Tenant's business. All such work as described in this Section 8.03 shall be performed by or on behalf of Landlord, at Tenant's sole cost. Landlord shall not charge any xxxxmark-up or fee for its services. Tenant shall have the right to approve all approvx xxl costs to be charged by Landlord in connection with such work. Tenant shall supply plans and specifications for such work to Landlord, who shall have the right to approve such plans and specifications, which August 7January 26, 1995 (American Way Manufacturing CenterLive Engine/Cold Room) approval shall not be unreasonably withheld. In the event Landlord fails to timely commence such work or timely approve the plans and specifications, or if the costs proposed by Landlord are unacceptable to Tenant, Tenant may perform, or have performed, such work. All such alterations, changes, partitions and installations of trade fixtures and equipment shall be at the cost of Tenant, and Tenant hereby agrees to indemnify and save harmless Landlord from any and all costs or expenses, including reasonable attorneys' fees, that Landlord may incur by reason of any claim for labor performed or material furnished that may arise by reason of the installation of any fixtures or equipment or the installation of partitions by Tenant as herein provided or alterations or remodeling or any work of any kind. Any and all trade fixtures and equipment installed by or on behalf of Tenant may be removed by it at the termination of this Lease, provided that Tenant shall not be in default in the performance of any of Tenant's obligations hereunder, and provided that Tenant shall repair any and all damage caused to the Demised Premises by the removal of any such trade fixtures and equipment, other than normal wear and tear. Trade fixtures or other property of Tenant not removed within fifteen (15) days after termination of the Lease shall become the property of the Landlord.

Remodeling. Tenant shall have If at any time from time to time during the right at its expense ------------ ---------- to remodelTerm after the fourth (4th) Lease Year Landlord remodels all or a substantial portion of the Shopping Center, make additions and make alterations in such remodeling includes the Demised Premises without the prior written consent of Landlordor a portion thereof, provided Tenant shall not alter the roof, outside walls or structural matters without the prior written consent of Landlord. Tenant then Landlord shall have the right, at its sole cost and expense, to change the dimensions or reduce the size of the Premises; provided, however, that if a reduction in size of the Premises would reduce the Premises to less than ninety percent (90%) of its original size or if, as a result of any reduction in size or remodeling, the Premises or the remaining portion thereof would not be suitable for the purpose for which Tenaxx xxx leased the Premises, Tenant may terminate this Lease by written notice to Landlord given within thirty (30) days after Landlord notifies Tenant of Landlord's intention to remodel. In connection with any termination of this Lease under the preceding sentence, Landlord shall pay to Tenant the unamortized (based on straight line amortization) reasonable costs paid by Tenant for Tenant's cost, non-removable improvements at the Premises in addition to install any trade fixtures, partitions, equipment or other changes that it may find necessary to the conduct of Tenant's business. All such work as described out-of-pocket costs incurred in this Section 8.03 shall be performed by or on behalf of Landlord, at Tenant's sole cost. Landlord shall not charge any xxxx-up or fee for closing its services. Tenant shall have store and the right to approve all costs to be charged by Landlord in connection with such work. Tenant shall supply plans Premises and specifications for such work to Landlord, who shall have vacating the right to approve such plans and specifications, which August 7, 1995 (American Way Manufacturing Center) approval shall not be unreasonably withheldPremises. In the event Landlord fails to timely commence such work or timely approve the plans and specifications, or if the costs proposed by Landlord are unacceptable to Tenant, Tenant may perform, or have performed, such work. All such alterations, changes, partitions and installations of trade fixtures and equipment shall be at the cost of Tenant, and Tenant hereby agrees to indemnify and save harmless Landlord from any and all costs or expenses, including reasonable attorneys' fees, that Landlord may incur by reason of any claim for labor performed or material furnished that may arise by reason of the installation of any fixtures or equipment or the installation of partitions by Tenant as herein provided or alterations or remodeling or any work of any kind. Any and all trade fixtures and equipment installed by or on behalf of Tenant may be removed by it at the termination of pursuant to this LeaseSection 3.6, provided that Tenant shall not be in default in the performance of any of Tenant's obligations hereunder, and provided that Tenant Landlord shall repair any and all damage caused to the Demised Premises by caused thereby and, in the removal event of any reduction in the area of the Premises, Fixed Minimum Rent shall be reduced to an amount equal to that proportion of the rent provided for in Section 1.0(g) that the floor area of the Premises after the remodeling bears to the floor area of the Premises prior to the remodeling. In connection with any such trade fixtures and equipmentremodeling, other Landlord may require Tenant to cease conducting business from the Premises for a period not in excess of thirty (30) days. Fixed Minimum Rent shall be abated during any such period that Landlord requires Tenant to cease conducting business. If such period is more than normal wear and tear. Trade fixtures or other property of Tenant not removed within fifteen (15) days days, Landlord will reimburse Tenant for Tenaxx'x xost profits during the portion of such period after termination the initial fifteen (15) days, which for purposes of this Section 3.6 shall be deemed to equal Tenant's profits for the corresponding period in the immediately preceding Lease shall become Year, to the property of extent such profits are not covered by the Landlordbusiness interruption insurance that Tenant is required to carry hereunder.