Subtenant Improvements. (a) Subject to Sublandlord’s prior written approval, which shall not be unreasonably withheld, conditioned or delayed, and Master Landlord’s prior written approval if required in accordance with the terms of the Master Lease, Subtenant shall have the right to construct, at Subtenant’s sole cost and expense, improvements to the Subleased Premises to accommodate Subtenant’s occupancy thereof (“Improvements”). Such Improvements, if approved as provided above, may include supplemental HVAC units. All Improvements shall be performed (i) by Subtenant’s selected contractor and (ii) in accordance with Subtenant’s plans for such work, each subject to the foregoing required approvals from Sublandlord (not to be unreasonably withheld, conditioned or delayed) and Master Landlord in accordance with the terms of the Master Lease. Sublandlord shall approve or disapprove of any such proposed Improvements within (i) ten (10) business days of Sublandlord’s receipt of Subtenant’s written request or (ii) three (3) business days of Sublandlord’s receipt of Master Landlord’s written response to Subtenant’s written request, whichever is later. Subtenant’s written request for consent to any proposed Improvements shall include any documentation required to be provided to Master Landlord in accordance with the terms of the Master Lease, and to the extent required by applicable Laws, copies of all drawings prepared by registered architects/engineers in connection with the Improvements. In the event Sublandlord fails to notify Subtenant within the aforementioned applicable time period of its approval or disapproval of such proposed Improvements, such Improvements shall be deemed consented to by Sublandlord only. All work shall be performed in accordance with the terms of Section 6 of the Master Lease and any other Master Lease terms applicable to tenant improvements in the Building. Subtenant shall be solely responsible for removing any Improvements installed by or on behalf of Subtenant prior to the Sublease Expiration Date or earlier termination of this Sublease unless, in accordance with the terms of Section 6.2 of the Master Lease, the Master Landlord shall have determined that such removal is not required by the Master Lease, and such determination shall have been provided to Sublandlord in writing, to include with specificity that Master Landlord waives such removal requirement for the benefit of Sublandlord (each, a “Removal Waiver”). Subtenant shall make all payments for Impr...
Subtenant Improvements. After delivery of the Premises to Subtenant, Subtenant may perform its alterations, subject to Sublandlord’s consent, which consent may be withheld in Sublandlord’s reasonable discretion, and the alterations may be performed only by contractors or mechanics approved by Sublandlord in writing and upon the approval by Sublandlord in writing of fully detailed and dimensioned plans and specifications pertaining to the alterations, to be prepared and submitted by Subtenant* at its sole cost and expense. Sublandlord shall cooperate with Subtenant and make commercially reasonable efforts to assist Subtenant in obtaining the necessary governmental permits for construction of the improvements to the
Subtenant Improvements. Subtenant shall have the right, at Subtenant's sole expense, to make certain Alterations to each Phase of the Sublease Premises (the "Subtenant Improvements") during any early access period provided under subsection 2(c) for such Phase and following the Commencement Date of such Phase. The Subtenant Improvements shall be made on and subject to the terms and conditions of the Master Lease, and shall be subject to Sublandlord's approval of the plans and specifications therefor, and Subtenant's architect, general contractor and subcontractors, which approvals shall not be unreasonably withheld. Notwithstanding the provisions of section 9(a) of the Master Lease, Subtenant shall make no Alteration that affects the Building structure or any Building system, or which is visible from outside the Sublease Premises without Sublandlord's prior written approval, which shall not be unreasonably withheld. Prior to commencement of the Subtenant Improvements, the Building Modifications (pursuant to section 8 below), or any other Alteration, Subtenant shall provide Sublandlord with evidence that Subtenant carries "Builder's All Risk" insurance in an amount approved by Sublandlord covering the construction of such Subtenant Improvements, Building Modifications and Alterations, and such other insurance as Sublandlord may reasonably require.
Subtenant Improvements. All alterations or improvements made to the Sublease Premises shall be made in accordance with the terms of the Master Lease as incorporated herein, and in compliance with all laws. Prior to the Commencement Date, Subtenant shall cause the Sublease Premises to be separately demised (with utilities separately sub-metered, if possible) from the Master Premises (which, together with the other initial alterations or improvements to be made by Subtenant are referred to herein as the "Subtenant Improvements"), and subject to possible reimbursement as set forth below, shall pay all costs and expenses relating thereto. Such costs shall include, without limitation, (i) all costs of compliance with laws relating to such demising, (ii) any additional taxes relating to such demising, and (iii) all costs to reprogram or modify the existing security system so that the Sublease Premises and the remaining portion of the Master Premises have distinct access and security systems. Within thirty (30) days following Subtenant's written request to Sublandlord and subject to the provisions of Paragraph 18 of the Master Lease, Wind River shall assign its rights to receive reimbursement from Master Landlord for costs incurred prior to June 30, 2001 for making alterations and improvements within the Sublease Premises, in an amount up to $440,000. Subtenant shall indemnify, defend and hold Wind River harmless from and against all actions, claims, demands, costs liabilities, losses, reasonable attorney's fees, damages, penalties, and expenses which may be brought or made against Wind River or which Wind River may pay or incur to the extent caused by any act or omission by Subtenant or its employees, agents, contractors or invitees ("Agents") in connection with any alterations or improvements (including without limitation the installation of its CAT 5 cabling) or the negligence or willful misconduct of Subtenant or its Agents.
Subtenant Improvements. Additionally, Sublandlord and Master Landlord (by reason of its consent to this Sublease) conceptually approve Subtenant’s construction of the following improvements to the Subleased Premises (such “Subtenant Improvements” as more particularly described on the floor plan attached as Exhibit B and made a part hereof), provided that such improvements are constructed in accordance with Section 8.3 of the Master Lease and at the sole cost of Subtenant:
Subtenant Improvements. Described in the Work Letter.
Subtenant Improvements. Subtenant shall pay to Sublandlord, upon demand, as Additional Charges, the portion of all real estate taxes levied or assessed against Sublandlord with respect to improvements, property or equipment installed in the Premises, to the extent such levy or assessment is based upon a value determined to be in excess of Thirty-Five Dollars ($35.00) per square foot of Rentable Area of the Premises. For the purposes of calculating the amount payable by Subtenant pursuant to this Section 9.5(b), the assessed value of improvements and equipment installed in the Premises shall be deemed to be equal to the cost of such improvements and equipment, including any fees paid to Sublandlord in connection therewith, and including the cost of any Alterations performed pursuant to Section 8.1.
Subtenant Improvements. Sublandlord shall deliver the Sublease Premises to Subtenant in broom clean condition with all plumbing, electrical, mechanical and lighting in good working order. Subject to the foregoing obligations on the part of Sublandlord, Subtenant acknowledges that it has inspected the Sublease Premises and agrees to accept the Sublease Premises in their “AS IS” condition. Subtenant acknowledges that, except as provided in this Sublease, Sublandlord has made no representations or warranties concerning the condition of the Sublease Premises or their fitness for any particular use and Subtenant shall rely solely on its own investigations and inspections to determine the suitability of the Sublease Premises for its intended use. Except as provided in this Sublease, any work necessary to prepare the Sublease Premises for Subtenant’s occupancy shall be performed at Subtenant’s sole cost and expense. All such work shall be done in a good and workmanlike manner, free of mechanics liens and in accordance with all other provisions of the Prime Lease, including, without limitation, those provisions of the Prime Lease requiring consent of Prime Landlord, and with all Laws.
Subtenant Improvements. Sublandlord shall cause, at its sole cost and expense, the improvements identified in Exhibit D, (Tenant Improvements, Suite 650) attached hereto, which have been approved by the Subtenant, to be substantially completed prior to commencement of the Sublease. Any revisions after execution of the Sublease shall be at the sole cost and expense of the Subtenant.
Subtenant Improvements. Subtenant may design and install additions, and improvements to the Premises at Subtenant’s sole cost and expense and subject to prior written consent of Sublandlord and Landlord in accordance with Article VIII of the Lease.
