Common use of RIGHT OF TENANT TO MAKE ALTERATIONS AND IMPROVEMENTS Clause in Contracts

RIGHT OF TENANT TO MAKE ALTERATIONS AND IMPROVEMENTS. 21.1 Tenant may make alterations, additions or improvements to the Leased Premises only with the prior written consent of Landlord, which shall not be unreasonably withheld, provided such alterations, additions or improvements do not require structural changes in the Leased Premises, or do not lessen the value of the Leased Premises or the Building. Any consent which Landlord may give shall be conditioned upon Tenant furnishing to Landlord, detailed plans and specifications with respect to any such changes, to be approved by Landlord in writing. As a condition of such consent, Landlord reserves the right to remove, at Tenant's sole cost and expense, any such alterations or additions prior to the Expiration Date of the Lease. If Landlord does not require such removal, any such alterations or additions shall be deemed to be part of the realty upon installation. All such alterations, additions or improvements shall be only in conformity with applicable governmental and insurance company requirements and regulations applicable to the Leased Premises. Landlord reserves the right to require the Tenant to use Landlord's designated contractors in the event of any changes to the mechanical, electrical, or fire safety systems serving the Leased Premises. Tenant shall hold and save Landlord harmless and indemnify Landlord against any claim for damage or injury in connection with any of the foregoing work which Tenant may make as hereinabove provided. 21.2 Nothing herein contained shall be construed as a consent on the part of Landlord to subject the estate of Landlord to liability under the construction Lien Law of the State of New Jersey, it being expressly understood that Landlord's estate shall not be subject to such liability.

RIGHT OF TENANT TO MAKE ALTERATIONS AND IMPROVEMENTS. 21.1 27.1 The Landlord and Tenant may agree that Tenant shall not have the right to make any alterations, additions or improvements (all hereinafter referred to as "Alterations") to the Premises during the term of the Lease, except with the express prior written consent of the Landlord, which consent Landlord shall not unreasonably withhold or delay. 27.2 If Landlord consents to Tenant's request to make alterations, additions or improvements to the Leased Premises, Landlord shall inform Tenant at the time of its approval whether Landlord will require the requested improvements to be removed at the end of the Term, and, it is understood and agreed that the same shall be construed in accordance with the following express terms and conditions: (i) Tenant shall submit to Landlord for prior approval copies of its proposed plans in connection with the work to be performed, the approval of which plans shall not be unreasonably withheld or delayed by Landlord, provided that the structural integrity of the Premises only shall not be materially lessened by reason thereof, nor the Building systems be impaired; (ii) such work shall be installed and completed in a good and workmanlike manner in compliance with all applicable laws, rules, regulations and ordinances, and the specifications for such work shall equal or exceed the specifications for the original construction of the improvements under this Lease, taking into consideration any changes in construction practices and technology which may exist at the time of the Alterations; (iii) Tenant shall have procured and paid for all permits and licenses required in connection therewith; and (iv) during the period when the Alterations are being made, Tenant shall maintain or require its contractors to maintain public liability insurance with respect to any Alterations in the minimum amount ONE MILLION ($1,000,000.00) DOLLARS per occurrence. 27.3 Notwithstanding the provisions of Section 27.1 hereof, Tenant may make Non-Structural Tenant Alterations (hereinafter defined) to the Premises without the prior written consent of Landlord, which shall not be unreasonably withheldprovided Tenant complies with Articles 27.2 (ii) through (iv). For the purposes of this Article 27.2, provided such alterations, additions or improvements do not require structural changes in the Leased Premises, or do not lessen the value of the Leased Premises or the Building. Any consent which Landlord may give shall be conditioned upon Non-Structural Tenant furnishing to Landlord, detailed plans and specifications with respect to any such changes, to be approved by Landlord in writing. As a condition of such consent, Landlord reserves the right to remove, at Tenant's sole cost and expense, any such alterations or additions prior to the Expiration Date of the Lease. If Landlord does not require such removal, any such alterations or additions Alterations shall be deemed to be part any work which (i) does not affect or alter the outside appearance, or the strength of the realty upon installation. All such alterationsBuilding including the foundation, additions the roof, and the columns and beams (ii) would not require Tenant interference with primary Building systems and core areas of the Building, and (iii) would not impair or improvements shall be only in conformity with applicable governmental and insurance company requirements and regulations applicable diminish existing Building systems or equipment, including but not limited to the Leased Premises. Landlord reserves the right to require the Tenant to use Landlord's designated contractors in the event of any changes to the mechanicalHVAC, electrical, structural, plumbing or fire safety systems serving other systems. 27.4 Landlord conditions its consent to the Leased Tenant Alterations on Tenant, at the end of the Term or earlier termination of this Lease, either (i) restoring the Premises to its condition immediately prior to the work, or (ii) paying for the cost of restoration as reasonably estimated by Landlord. Landlord shall not require restoration for any Tenant Alterations unless such work materially diminishes the value of the Premises. It shall be Tenant's option whether it shall perform the work pursuant to clause (i) hereof or pay the Landlord the estimated cost of same pursuant to clause (ii) hereof. 27.5 Tenant shall hold and save Landlord harmless and indemnify Landlord against have no obligation for any claim for damage restoration or injury in connection with removal under any of the foregoing work which following circumstances: (i) any Non-Structural Tenant may make as hereinabove provided. 21.2 Nothing herein contained shall be construed as a consent on the part of Landlord to subject the estate of Landlord to liability under the construction Lien Law of the State of New Jersey, it being expressly understood that Landlord's estate shall not be subject to such liability.Alteration or;

RIGHT OF TENANT TO MAKE ALTERATIONS AND IMPROVEMENTS. 21.1 Upon advance notice to Landlord as to the particulars thereof, Tenant may make nonstructural alterations, additions or improvements to the Leased Premises, provided the aggregate cost of same shall be less than One Hundred Thousand ($100,000.00) Dollars, provided that no such change shall involve changing of the door locks or window coverings of an alteration of access to the Leased Premises only with (which changes shall require the consent of Landlord). If greater than $100,000, then Tenant must obtain the prior written consent of Landlord, which shall not be unreasonably withheld, provided such withheld or delayed. Tenant shall furnish to Landlord as-built drawings of any alterations, additions or improvements do not require structural changes which are made, with an adjustment of rent applicable to any change in the Leased Premisescharacter of the space, such as from warehouse to office. Landlord agrees to review any alteration, addition, or do not lessen the value improvements proposed by Tenant within 10 days of the Leased Premises or the Building. Any consent which Landlord may give shall be conditioned upon Tenant furnishing to Landlord, detailed receipt of plans and specifications with respect to any such changesspecifications, to be approved by Landlord in writing. As a condition and advise Tenant of such consent, Landlord reserves the right to remove, at Tenant's sole cost and expense, any such alterations or additions prior to the Expiration Date of the Leaseits decision. If Landlord does not require such removalrespond within ten (10) days of receipt of plans and specifications, any such alterations or additions consent shall be deemed to have been given. Any approval given is not intended to subject the Landlord’s property to liability under any lien law. Tenant shall be part of responsible for obtaining at its own cost and expense all licenses, permits and approvals that may be required by any governmental entity having jurisdiction over the realty upon installation. All such approved alterations, additions and/or improvements. Landlord’s approval shall indicate whether Tenant is required to remove the proposed alteration or improvements improvement at the end of the term; provided, however, that even if Landlord fails to indicate such requirement, it may nevertheless require the alteration or improvement to be removed by Tenant upon notice given not less than six (6) months prior to the end of the term, if the Initial: Landlord ___ alteration or improvement has deteriorated beyond normal wear and tear or would otherwise constitute a nuisance or health hazard if the same were to remain in the Leased Premises after the end of the term; it being understood and agreed, however, that no deterioration beyond normal wear and tear shall be only in conformity with applicable governmental and insurance company requirements and regulations applicable to permitted by Tenant during the Leased Premises. Landlord reserves the right to require the Tenant to use Landlord's designated contractors in the event of any changes to the mechanical, electrical, or fire safety systems serving the Leased Premises. Tenant shall hold and save Landlord harmless and indemnify Landlord against any claim for damage or injury in connection with any last six months of the foregoing work which Tenant may make as hereinabove providedterm. 21.2 Nothing herein contained shall be construed as a consent on the part of Landlord to subject the estate of Landlord to liability under the construction Lien Law of the State of New Jersey, it being expressly understood that Landlord's estate shall not be subject to such liability.

RIGHT OF TENANT TO MAKE ALTERATIONS AND IMPROVEMENTS. 21.1 The Tenant may make alterations, additions or improvements to the Leased Premises leased premises only with the prior written consent of the Landlord, which consent shall not be unreasonably withheld, provided such alterations, additions or improvements do not require structural changes in the Leased Premisesleased premises, or and do not lessen the value of the Leased Premises leased premises or the Buildingbuilding. Any consent which Landlord may give Tenant shall be conditioned upon Tenant furnishing to Landlord, furnish detailed plans and specifications to Landlord with respect to any such changesalterations, additions, or improvements which Tenant may make. Landlord hereby consents to be approved by Landlord in writingthe construction floor plans annexed hereto and made a part hereof as Schedule "C". As a condition of such consent, Landlord reserves the right to require Tenant to remove, at Tenant's sole cost and expense, any such alterations or additions prior to the Expiration Date expiration of the Leaselease term and to restore the leased premises to the condition existing prior to the making of such alterations or additions. If Landlord does not require such removal, any such alterations or additions shall be deemed to be part of the realty upon installation, provided that Tenant, at its option, shall have the right to remove the same, provided it shall be responsible to repair any damage to the building or the leased premises occasioned by such removal, and provided such removal is made prior to the expiration of the lease term. All such alterations, additions or improvements shall be made only in conformity with applicable governmental and insurance company requirements and regulations applicable to the Leased Premises. Landlord reserves the right to require the Tenant to use Landlord's designated contractors in the event of any changes to the mechanical, electrical, or fire safety systems serving the Leased Premisesleased premises. Tenant shall hold indemnify, defend and save Landlord harmless and indemnify the Landlord against any claim for damage or injury in connection with any of the foregoing work which Tenant may make as hereinabove provided. Anything in this Article 21.1 to the contrary notwithstanding, Tenant shall not be required to obtain Landlord's prior written consent for non-structural alterations if the aggregate cost of a single alteration project shall be less than $10,000.00. 21.2 Nothing herein contained shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the construction Construction Lien Law of the State of New Jersey, it being expressly understood that the Landlord's estate shall not be subject to such liability.

RIGHT OF TENANT TO MAKE ALTERATIONS AND IMPROVEMENTS. 21.1 (a) Tenant may not make alterations, additions or improvements (for purposes of this Section 19 “Improvements”) to the Leased Premises only with Building which require any governmental approval or permit, including, without limitation, site plan approval or a building, plumbing or electrical permit, without the prior written consent of Landlord, which . Landlord’s consent shall not be unreasonably withheldwithheld for non-structural Improvements which do not, provided such alterationsin Landlord’s reasonable opinion, additions or improvements do not require structural changes in the Leased Premises, or do not lessen materially and adversely affect the value of the Leased Premises Building. Improvements not requiring governmental approval or permits may be made on notice to Landlord accompanied by plans and specifications, if applicable, and Landlord shall have ten (10) business days within which to advise Tenant that Landlord believes that such Improvements materially and adversely affects the value of the Building. Any If Landlord and Tenant cannot in good faith discussion resolve the issue with two (2) business days, the procedures set forth in Subparagraph 5(a)(2) of this Lease may be invoked by either party. Cosmetic improvements, such as interior painting and replacement of floor coverings shall not require notice to or approval of Landlord. In the case of Improvements which require governmental approvals or permits, Landlord will cooperate at Tenant’s expense with all requested applications for such permits and approvals. Landlord shall endeavor to issue consent or disapproval in cases where consent is required within thirty (30) days of receipt of the later of (i) written request for same from Tenant which Landlord may give shall be conditioned upon Tenant furnishing to Landlord, detailed request is accompanied by plans and specifications with respect to any or (ii) such changes, to other information regarding such proposed Improvements as may reasonably be approved requested by Landlord in writingLandlord. As a condition of such consent, Landlord reserves the right to remove, at Tenant's sole cost and expense, any such alterations or additions prior to the Expiration Date of the Lease. If Landlord does not require such removal, any such alterations or additions Such Improvements shall be deemed to be part of the realty upon installation. All such alterations, additions or improvements shall be only in made conformity with applicable governmental and insurance company requirements and regulations applicable at the end of the term of this Lease shall (at the sole option of Landlord, if requested by Tenant to be exercised at the time Landlord’s consent is given) either be removed by Tenant or remain as property of the Landlord. In the event Landlord requires that Improvements be removed Tenant shall place the Building in the same condition as prior to such Improvements (reasonable wear and tear excepted) and may condition its approval on Tenant posting financial security to assure removal and restoration. Cosmetic or decorative Improvements not requiring a permit are permitted on notice to Landlord but without consent. Notwithstanding the foregoing, Landlord’s consent to an expansion of the parking lot shall not be withheld provided that (i) the plans for such expansion comply with all other provisions of this subparagraph, (ii) the specifications for the improvement of such parking area expansion are equal to or better than the specifications for the original parking area improvements, and (iii) any contractor(s) for the parking lot expansion shall be subject to Landlord’s approval which approval shall not be unreasonably withheld, conditioned or delayed. Upon completion of any Improvements, cosmetic Improvements excluded, Tenant shall deliver to Landlord as-built plans for such Improvement in CADD format. Landlord acknowledges that Tenant intends to make non-structural interior improvements to the Leased PremisesPremises and the installation of an emergency generator as required for the operation of Tenant’s business, all at Tenant’s sole cost and expense. At the request of Tenant and at no out of pocket cost to Landlord, Landlord shall cooperate with Tenant’s efforts to obtain municipal approvals as reasonably required. Landlord reserves the right to require the Tenant to use Landlord's designated contractors hereby consents to, and shall make provision in the event Final Plans for, the an emergency generator and related day tank to be installed by Tenant as part of any changes to the mechanical, electrical, or fire safety systems serving the Leased Premises. Tenant shall hold and save Landlord harmless and indemnify Landlord against any claim for damage or injury in connection with any of the foregoing work which Tenant may make as hereinabove providedTenant’s improvements. 21.2 (b) Nothing herein contained shall be construed as a consent on the part of Landlord to subject the estate of Landlord to any lien or liability under the construction Construction Lien Law of the State of New Jersey, it being expressly understood that Landlord's ’s estate shall not be subject to any such lien or liability. Tenant shall have no power or right to do any act or make any contract that may create or be the basis for any lien, mortgage or other encumbrance upon the estate of Landlord.

RIGHT OF TENANT TO MAKE ALTERATIONS AND IMPROVEMENTS. 21.1 (a) Tenant may not make alterations, additions or improvements (for purposes of this Section 19, "IMPROVEMENTS") to the Leased Premises only with Premises, the prior Building or the Project which require any governmental approval or permit, including, without limitation, site plan approval or a building, plumbing or electrical permit, without the written consent of Landlord, which . Landlord's consent shall not be unreasonably withheld, provided such alterationsconditioned or delayed for non-structural Improvements which do not, additions in Landlord's reasonable opinion, adversely affect the value of the Project or improvements do not require structural changes in the Building, or the ability of Landlord to relet the Leased Premises, and which cost, in the aggregate for all such Improvements made in any period of 12 consecutive months, less than $50,000.00. Landlord shall endeavor to issue consent or do not lessen the value disapproval within thirty (30) days of the Leased Premises or the Building. Any consent which Landlord may give shall be conditioned upon Tenant furnishing to Landlord, detailed plans and specifications with respect to any such changes, to be approved by Landlord in writing. As a condition receipt of such consent, Landlord reserves the right to remove, at written request for same from Tenant's sole cost and expense, any such alterations or additions prior to the Expiration Date of the Lease. If Landlord does not require such removaltimely respond to Tenant's request, any such alterations Tenant may serve a second notice which shall advise Landlord, IN BOLD FACE TYPE, that failure to issue consent or additions disapproval within five (5) business days shall be deemed to be part of the realty upon installation. All approval, and Landlord's failure to respond within such alterations, additions or improvements five (5) business day period shall be only deemed to be a consent to the Improvements. If Landlord disapproves the Improvements, Landlord shall state its reasons for such disapproval. Such Improvements shall be in conformity with applicable governmental and insurance company requirements and regulations applicable at the end of the term of this Lease shall, at the sole option of Landlord (if requested by Tenant, to be exercised at the time Landlord's consent is given or otherwise to be exercised at any time prior to the end of the term of this Lease), either be removed by Tenant or remain as property of Landlord. In the event Landlord requires that Improvements be removed, Tenant (and in the event that such Improvements have been damaged by fire or other casualty, or by condemnation or taking by eminent domain. to the extent removal is not covered by insurance proceeds of Landlord's coverage or expressly included as an element in the condemnation award) shall place the Leased Premises, the Building or the Project in substantially the same condition as prior to such Improvements (reasonable wear and tear, damage by fire or other insured casualty, or by condemnation or taking by eminent domain, and repairs which are not the responsibility of Tenant, excepted) and, if at any time Tenant does not have or maintain a tangible net worth of at least Fifty Million Dollars ($50,000,000.00), Landlord may condition its approval on, or thereafter impose the requirement of, Tenant posting financial security to assure removal and restoration. Cosmetic or decorative Improvements not requiring a permit are permitted on notice to Landlord reserves but without consent. Neither consent nor removal are required for the right to require the Tenant to use Improvements constituting Landlord's designated contractors in the event of any changes to the mechanical, electrical, or fire safety systems serving the Leased Premises. Tenant shall hold and save Landlord harmless and indemnify Landlord against any claim for damage or injury in connection with any of the foregoing work which Tenant may make as hereinabove providedWork under this Lease. 21.2 (b) Nothing herein contained shall be construed as a consent on the part of Landlord to subject the estate of Landlord to liability under the construction Construction Lien Law of the State of New Jersey, it being expressly understood that Landlord's estate shall not be subject to such liability. Tenant shall have no power or right to do any act or make any contract which may create or be the format for any lien, mortgage or other encumbrance upon the estate of Landlord. Upon request by Tenant, Landlord shall negotiate with any lessor or lender of Tenant, and sign in favor of such party, a subordination of Landlord's lien for unpaid rent, such subordination to be substantially in the form attached hereto and made a part hereof as SCHEDULE E, subject to such modification as shall be agreed to by Landlord and such lessor or lender in reasonable and good faith negotiation. (c) Landlord, at no out-of-pocket cost to Landlord, shall cooperate with Tenant as reasonably required in connection with obtaining any approvals which may be required for any permitted Improvements, including, without limitation, signing such applications or affidavits as may be reasonably required. Nothing herein shall be construed to impose any financial obligation on Tenant for the costs of permits or approvals required for Landlord's work as described on Schedule C.