Common use of Tenant-Made Alterations and Trade Fixtures Clause in Contracts

Tenant-Made Alterations and Trade Fixtures. Tenant may make alterations and improvements to the Premises that are not structural and will not diminish the value of the Premises at the expiration of the Lease Term. Any alterations or improvements made by or on behalf of Tenant to the Premises ("Tenant-Made Alterations") shall become part of the Premises. Tenant shall cause, at its expense, all Tenant-Made Alterations to comply with insurance requirements and with Legal Requirements and shall construct at its expense any alteration or modification required by Legal Requirements as a result of any Tenant-Made Alterations. All "Tenant Made Alterations" shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the original construction of the Premises. Tenant, at its own cost and expense and without Landlord's prior approval, may erect such shelves, bins, machinery and trade fixtures (collectively "Trade Fixtures") in the ordinary course of its business provided that such items do not alter the basic character of the Premises, do not overload or damage the Premises, and may be removed without injury to the Premises, and the construction, erection, and installation thereof complies with all Legal Requirements and with Landlord's requirements set forth above. Upon Landlord's election, Tenant, at its expense, shall remove its Trade Fixtures and shall immediately repair any damage caused by such removal, prior to the expiration or earlier termination of this Lease. Notwithstanding anything in the foregoing, implied or expressed to the contrary, Landlord has not consented to any work that would permit the making of any claim against Landlord or the Premises in respect thereof.

Tenant-Made Alterations and Trade Fixtures. Tenant may make alterations and improvements to the Premises that are not structural and will not diminish the value of the Premises at the expiration of the Lease Term. Any alterations or improvements made by or on behalf of Tenant to the Premises ("“Tenant-Made Alterations"”) shall become part of the Premises. Tenant shall cause, at its expense, all Tenant-Made Alterations to comply with insurance requirements and with Legal Requirements and shall construct at its expense any alteration or modification required by Legal Requirements as a result of any Tenant-Made Alterations. All "“Tenant Made Alterations" ” shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the original construction of the Premises. Tenant, at its own cost and expense and without Landlord's ’s prior approval, may erect such shelves, bins, machinery and trade fixtures (collectively "“Trade Fixtures"”) in the ordinary course of its business provided that such items do not alter the basic character of the Premises, do not overload or damage the Premises, and may be removed without injury to the Premises, and the construction, erection, and installation thereof complies with all Legal Requirements and with Landlord's ’s requirements set forth above. Upon Landlord's ’s election, Tenant, at its expense, shall remove its Trade Fixtures and shall immediately repair any damage caused by such removal, prior to the expiration or earlier termination of this Lease. Notwithstanding anything in the foregoing, implied or expressed to the contrary, Landlord has not consented to any work that would permit the making of any claim against Landlord or the Premises in respect thereof.

Tenant-Made Alterations and Trade Fixtures. Tenant may make alterations and All alterations, additions, or improvements made to the Premises that are not structural and will not diminish the value of the Premises at the expiration of the Lease Term. Any alterations or improvements made by by, or on behalf of of, Tenant are herein referred to the Premises ("as “Tenant-Made Alterations") shall become part of the Premises”. Xxxxxxxx’s prior written consent is required for Tenant-Made Alterations, provided that Tenant shall cause, at its expense, all may make interior Tenant-Made Alterations to comply with insurance requirements the Premises up to $25,000 per instance that do not impact the structure or mechanical systems of the Building without Landlord’s consent. Where Landlord's consent is not required, Tenant shall provide Landlord prompt Notice of such Tenant-Made Alterations accompanied by plans and with Legal Requirements and shall construct at its expense any alteration or modification required by Legal Requirements as a result specifications. Upon completion of any Tenant-Made Alterations, Tenant shall deliver to Landlord final lien waivers from all contractors and subcontractors who provided services or materials for the Tenant-Made Alterations and as-built plans (if applicable). All "Tenant Made Alterations" shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the original construction of the Premises. Tenant, at its own cost and expense and without Without Landlord's prior ’s approval, Tenant may erect such or install shelves, binsracking, machinery and trade fixtures in the Premises (collectively "Trade Fixtures"), provided such items: (i) in the ordinary course of its business provided that such items do not alter the basic character of the Premises, do not overload or damage the slab, (ii) may be removed without materially damaging the Premises, and may be removed without injury to the Premises, and the construction, erection, and installation thereof complies (iii) comply with all Legal Requirements and with Landlord's requirements set forth above(defined in Exhibit B). Upon Landlord's electionLease termination, Tenant, at its expense, shall remove its all Trade Fixtures and Tenant-Made Alterations (except those which Landlord has identified by Notice to Tenant shall immediately remain as Landlord's property), and repair any damage to the Premises caused by such removal. Upon Xxxxxx's written request, prior Landlord shall provide Tenant a list of Tenant-Made Alterations which the Landlord will allow to remain upon the expiration or earlier termination of this LeaseExpiration Date. Notwithstanding anything in the foregoing, implied or expressed herein to the contrary, and provided that no Event of Default exists or would exist but for the passage of time, giving of notice, or both, Landlord has shall contribute up to a maximum amount of $42,506.40 (the “Essentials Allowance”), towards products and services for Tenant’s operations at the Premises which must be purchased through Prologis Essentials Services Group (“PLD Essentials”). Payment of the Essentials Allowance shall be made by Landlord to Tenant within 30 days following (i) completion of the services or purchase of the products purchased through PLD Essentials, (ii) Landlord’s receipt of Tenant’s paid invoices or receipts substantiating the costs along with copies of vendor invoices summarizing work done, (iii) Landlord’s receipt of any final third-party lien waivers related to such services and products; and (iv) Landlord’s receipt of a copy of any final permits approved by the applicable governing authority (but only to the extent required for such products or services). Landlord shall be under no obligation to pay for any products or services not consented provided or coordinated through PLD Essentials or that are in excess of the Essentials Allowance. Further, the Essentials Allowance shall only be available for Tenant’s use through March 31, 2024, and Tenant hereby waives any and all rights to any work that would permit unused portion of the making of any claim against Landlord or the Premises in respect thereofEssentials Allowance remaining thereafter.

Tenant-Made Alterations and Trade Fixtures. Tenant may make alterations and improvements to the Premises that are not structural and will not diminish the value of the Premises at the expiration of the Lease Term. (a) Any alterations alterations, additions, or improvements made by or on behalf of Tenant (excluding the initial Tenant Improvements) to the Premises or the Building ("Tenant-Made Alterations") shall become part be subject to Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed (except to the extent any such Tenant-Made Alterations could impact the structural elements of the Building, in which event Landlord's consent shall be in its sole and absolute discretion). Notwithstanding the foregoing, Tenant may make strictly cosmetic alterations ("Cosmetic Alterations") to the Premises, not including any changes affecting the Building's roof, structure, systems, equipment, or exterior appearance, without Landlord's consent (but subject to all other terms of this Lease), provided that (i) the aggregate cost of any such Cosmetic Alterations does not exceed Fifty Thousand Dollars ($50,000.00) in any twelve (12) month period, and (ii) such Cosmetic Alterations do not require the issuance of a building permit. Tenant shall give Landlord at least ten (10) business days prior written notice of such Cosmetic Alterations ("Cosmetic Alterations Notice"), which Cosmetic Alterations Notice shall be accompanied by reasonably adequate evidence that such Cosmetic Alterations meet the criteria contained in this Paragraph 12. All Cosmetic Alterations shall be deemed to constitute Tenant-Made Alterations for all purposes under this Lease (except that Landlord's consent shall not be required so long as the foregoing provisions have been satisfied). Tenant shall cause, at its expense, all Tenant-Made Alterations to comply with insurance requirements and with Legal Requirements and shall construct at its expense any alteration or modification required by Legal Requirements as a result of any Tenant-Made Alterations. All "Tenant Made Alterations" shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the original construction of the Premises. Tenant, at its own cost and expense and without Landlord's prior approval, may erect such shelves, bins, machinery and trade fixtures (collectively "Trade Fixtures") in the ordinary course of its business provided that such items do not alter the basic character of the Premises, do not overload or damage the Premises, and may be removed without injury to the Premises, and the construction, erection, and installation thereof complies with all Legal Requirements and with Landlord's requirements set forth above. Upon Landlord's election, Tenant, at its expense, shall remove its Trade Fixtures and shall immediately repair any damage caused by such removal, prior to the expiration or earlier termination of this Lease. Notwithstanding anything in the foregoing, implied or expressed to the contrary, Landlord has not consented to any work that would permit the making of any claim against Landlord or the Premises in respect thereof.

Tenant-Made Alterations and Trade Fixtures. Tenant may make alterations and All alterations, additions, or improvements made to the Premises that are not structural and will not diminish the value of the Premises at the expiration of the Lease Term. Any alterations or improvements made by by, or on behalf of of, Tenant are herein referred to the Premises ("as “Tenant-Made Alterations") shall become part of the Premises”. Xxxxxxxx’s prior written consent is required for Tenant- Made Alterations, provided that Tenant shall cause, at its expense, all may make interior Tenant-Made Alterations to comply with insurance requirements the Premises up to $25,000 per instance that do not impact the structure or mechanical systems of the Building without Landlord’s consent. Where Landlord's consent is not required, Tenant shall provide Landlord prompt Notice of such Tenant-Made Alterations accompanied by plans and with Legal Requirements and shall construct at its expense any alteration or modification required by Legal Requirements as a result specifications. Upon completion of any Tenant-Made Alterations, Tenant shall deliver to Landlord final lien waivers from all contractors and subcontractors who provided services or materials for the Tenant-Made Alterations and as-built plans (if applicable). All "Tenant Made Alterations" shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the original construction of the Premises. Tenant, at its own cost and expense and without ​ Without Landlord's prior ’s approval, Tenant may erect such or install shelves, binsracking, machinery and trade fixtures in the Premises (collectively "Trade Fixtures"), provided such items: (i) in the ordinary course of its business provided that such items do not alter the basic character of the Premises, do not overload or damage the slab, (ii) may be removed without materially damaging the Premises, and may be removed without injury to the Premises, and the construction, erection, and installation thereof complies (iii) comply with all Legal Requirements and with Landlord's requirements set forth above(defined in Exhibit B). Upon Landlord's electionLease termination, Tenant, at its expense, shall remove its all Trade Fixtures and Tenant-Made Alterations (except those which Landlord has identified by Notice to Tenant shall immediately ​ ​ remain as Landlord's property), and repair any damage to the Premises caused by such removal, prior to the expiration or earlier termination of this Lease. Notwithstanding anything in the foregoing, implied or expressed to the contraryUpon Xxxxxx's written request, Landlord has not consented shall provide Tenant a list of Tenant-Made Alterations which the Landlord will allow to any work that would permit remain upon the making of any claim against Landlord or the Premises in respect thereofExpiration Date.

Tenant-Made Alterations and Trade Fixtures. Tenant may make alterations and Any alterations, additions, or improvements to the Premises that are not structural and will not diminish the value of the Premises at the expiration of the Lease Term. Any alterations or improvements made by or on behalf of Tenant to the Premises ("Tenant-Made Alterations") ), shall become part be subject to Landlord's prior written consent, which shall not be unreasonably withheld, conditioned or delayed provided that such Tenant-Made Alterations do not affect any of the PremisesBuilding’s structure, foundation, roof, appearance or building systems. Notwithstanding the foregoing, Tenant shall have the right to make certain Tenant-Made Alterations without Landlord’s consent provided (i) such Tenant-Made Alterations do not affect any of the Building’s structure, concrete floors, foundation, roof, walls, appearance or building systems, including, without limitation plumbing, electrical, and HVAC systems, (ii) do not exceed One Hundred Thousand and No/100 Dollars ($100,000.00) in any one instance or Two Hundred Thousand and No/100 Dollars ($200,000.00) cumulatively during any calendar year, and (iii) at least ten (10) days prior to making any such Tenant-Made Alterations, Tenant will notify Landlord of its intention to do so and will provide Landlord with a copy of all plans or drawings, if any, for such Tenant-Made Alterations, copies of any required licenses or permits, and certificates of insurance for worker's compensation and other coverage in amounts from an insurance company reasonably satisfactory to Landlord protecting Landlord and its property manager against liability for personal injury or property damage during construction. Tenant shall cause, at its expense, all Tenant-Made Alterations to comply with insurance requirements and with Legal Requirements and shall construct at its expense any alteration or modification required by Legal Requirements as a result of any Tenant-Made Alterations, including all applicable zoning and municipal regulations as well as any requirements under any association agreements, covenants or easements applicable to the Building. Tenant shall obtain at its cost and expense all applicable governmental permits and approvals for Tenant-Made Alterations. All "Tenant Tenant-Made Alterations" Alterations shall be made in accordance with all applicable laws, regulations and building codes, constructed in a good and workmanlike manner by contractors reasonably acceptable to Landlord and only grades of quality equal materials acceptable to or better than the original Landlord shall be used. All plans and specifications for any Tenant-Made Alterations shall be submitted to Landlord for its prior written approval, as provided above. Landlord may monitor construction of the Tenant-Made Alterations. Tenant shall reimburse Landlord for its reasonable out-of-pocket costs in reviewing plans and specifications. Landlord's right to review plans and specifications and to monitor construction shall be solely for its own benefit, and Landlord shall have no duty to see that such plans and specifications or construction comply with applicable laws, codes, rules and regulations. Tenant shall provide Landlord with the identities and mailing addresses of all persons performing work or supplying materials, prior to beginning such construction, and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable law. Tenant shall be responsible at its sole cost and expense for the payment of all work and for the completion of all work free and clear of liens and shall provide certificates of insurance for worker's compensation and other coverage in amounts from an insurance company satisfactory to Landlord protecting Landlord against liability for personal injury or property damage during construction. Upon completion of any Tenant-Made Alterations, Tenant shall deliver to Landlord sworn statements setting forth the names of all contractors and subcontractors who did work on the Tenant-Made Alterations and final lien waivers from all such contractors and subcontractors. Upon surrender of the Premises, all Tenant-Made Alterations and any leasehold improvements constructed by Landlord or Tenant shall remain on the Premises as Landlord's property, except to the extent Landlord requires removal at Tenant's expense of any such items pursuant to Section 21 of this Lease or Landlord and Tenant have otherwise agreed in writing in connection with Landlord's consent to any Tenant-Made Alterations. Tenant shall repair any damage caused by such removal. Tenant, at its own cost and expense and without Landlord's prior approval, may erect such removable shelves, bins, machinery and trade fixtures normal office equipment (collectively "Trade Fixtures") and paint any portion of the interior of the Premises in the ordinary course of its business provided that such items do not alter the basic character of the Premises, do not overload or damage the PremisesPremises or any component thereof, and may be removed without injury to the Premises, and the . The construction, erection, and installation thereof complies must also comply with all Legal Requirements and with Landlord's requirements set forth above. Upon Landlord's electionexpiration or termination of the Lease, Tenant, at its expense, Tenant shall remove its Trade Fixtures and shall immediately repair any damage caused by such removal, prior to the expiration or earlier termination of this Lease. Notwithstanding anything in the foregoing, implied or expressed Landlord acknowledges and agrees that Tenant’s racking will be anchored to the contraryconcrete slab of the Building and that, Landlord has not consented to any work that would permit upon Tenant vacating the making of any claim against Landlord or Premises, these anchors will be cut flush with the Premises in respect thereofslab and neither removed nor filled.

Tenant-Made Alterations and Trade Fixtures. Tenant may make alterations and (a) Subject to the terms set forth below, any alterations, additions, or improvements (including, without limitation, alterations, additions or improvements to the Premises that are not structural and will not diminish the value roof of the Premises at Building, but excluding the expiration Landlord Work to be constructed by Landlord, the initial Tenant Improvements and/or any Tenant Change(s) to be constructed pursuant to Exhibit B attached hereto, which shall not constitute Tenant-Made Alterations and shall be governed by the terms of the Lease Term. Any alterations or improvements Work Letter attached hereto as Exhibit B and not the terms of this Paragraph 12(a)) made by or on behalf of Tenant to the Premises ("Tenant-Made Alterations") shall become part be subject to compliance with Legal Requirements and Private Restrictions (including, without limitation, approval of any applicable design review committee[s] or owners association[s]) and Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed (except to the extent that the subject Tenant-Made Alterations could reasonably be expected to adversely impact the structure and/or structural elements of a Building, or any Building systems, in which event Landlord's consent shall be in its sole and absolute discretion, or the exterior appearance of the Project, Building, and/or Premises, in which event Landlord's consent shall be in its sole and good faith discretion). Tenant acknowledges that, subject to the terms of Paragraph 43 below, Landlord does not have control over any applicable design review committee(s) and/or owners association(s) and their review of any proposed Tenant-Made Alterations. Therefore, such design review committee(s) and owners association(s) may grant or withhold its/their consent in accordance with applicable Legal Requirements and/or Private Restrictions, which may or may not require such design review committee(s) and/or owners association(s) to act reasonably in granting or withholding its/their consent. Notwithstanding the foregoing, but subject to compliance with Legal Requirements and Private Restrictions, Landlord's consent shall not be required for non-structural alterations to the interior of the Premises (that are not visible from the exterior of the Premises) costing less than Two Hundred Fifty Thousand Dollars ($250,000.00) in the aggregate in any consecutive twelve (12) month period, provided that in any such case, the alterations (i) do not affect the structure of the Building, or adversely affect any Building systems (including, without limitation, electrical, plumbing, life safety, and/or HVAC systems), or the exterior appearance of the Project, Building or the Premises, (ii) do not require an approval under any Private Restrictions, and (iii) do not involve Building penetrations (collectively, "Permitted Alterations"). Tenant shall give Landlord at least ten (10) days prior written notice of such Permitted Alterations ("Permitted Alterations Notice"), which Permitted Alterations Notice shall be accompanied by reasonably adequate evidence that such Permitted Alterations meet the criteria contained in this Paragraph 12. Permitted Alterations shall be deemed to constitute Tenant-Made Alterations for all purposes under this Lease (except that Landlord's consent shall not be required so long as the foregoing provisions have been satisfied). Tenant shall cause, at its expense, all Tenant-Made Alterations Alterations, including without limitation Permitted Alterations, to comply with insurance requirements and requirements, with Legal Requirements and Private Restrictions, and shall construct at its expense any alteration or modification required by Legal Requirements and/or Private Restrictions as a result of any Tenant-Made Alterations and/or Permitted Alterations. All "Tenant Made Alterations" shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the original construction of the Premises. Tenant, at its own cost and expense and without Landlord's prior approval, may erect such shelves, bins, machinery and trade fixtures (collectively "Trade Fixtures") in the ordinary course of its business provided that such items do not alter the basic character of the Premises, do not overload or damage the Premises, and may be removed without injury to the Premises, and the construction, erection, and installation thereof complies with all Legal Requirements and with Landlord's requirements set forth above. Upon Landlord's election, Tenant, at its expense, shall remove its Trade Fixtures and shall immediately repair any damage caused by such removal, prior to the expiration or earlier termination of this Lease. Notwithstanding anything in the foregoing, implied or expressed to the contrary, Landlord has not consented to any work that would permit the making of any claim against Landlord or the Premises in respect thereof.

Tenant-Made Alterations and Trade Fixtures. Tenant may make alterations and improvements to the Premises that are not structural and will not diminish the value of the Premises at the expiration of the Lease Term. (a) Any alterations alterations, additions, or improvements made by or on behalf of Tenant to the Premises ("“Tenant-Made Alterations"”) shall become part be subject to Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed (except to the extent any such Tenant-Made Alterations could adversely impact the structure, systems or exterior appearance of the Building, in which event Landlord’s consent shall be in its sole and absolute discretion). Notwithstanding the foregoing, Landlord’s consent shall not be required for any Tenant-Made Alterations which are strictly cosmetic in nature and (i) do not modify or affect the Premises’ or Building’s structure, roof systems, or the electrical, plumbing, heating, ventilation and air conditioning, mechanical, security, life safety or other systems serving the Building and/or Premises, (ii) are not visible from the exterior of the Premises, (iii) do not require the issuance of a building permit, (iv) do not involve penetrations to the roof and/or roof membrane of the Building, and (v) otherwise comply with Legal Requirements (collectively, “Cosmetic Alterations”); provided that the aggregate cost of any such Cosmetic Alterations does not exceed One Hundred Fifty Thousand Dollars ($150,000.00) in any twelve (12) month period during the Lease Term. Cosmetic Alterations shall be deemed to constitute Tenant-Made Alterations for all purposes under this Lease (except that Landlord’s consent shall not be required so long as the foregoing provisions have been satisfied), Tenant shall cause, at its expense, all Tenant-Made Alterations to comply with insurance requirements and with Legal Requirements and shall construct at its expense any alteration or modification required by Legal Requirements as a result of any Tenant-Made Alterations. All "Tenant Made Alterations" shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the original construction of the Premises. Tenant, at its own cost and expense and without Landlord's prior approval, may erect such shelves, bins, machinery and trade fixtures (collectively "Trade Fixtures") in the ordinary course of its business provided that such items do not alter the basic character of the Premises, do not overload or damage the Premises, and may be removed without injury to the Premises, and the construction, erection, and installation thereof complies with all Legal Requirements and with Landlord's requirements set forth above. Upon Landlord's election, Tenant, at its expense, shall remove its Trade Fixtures and shall immediately repair any damage caused by such removal, prior to the expiration or earlier termination of this Lease. Notwithstanding anything in the foregoing, implied or expressed to the contrary, Landlord has not consented to any work that would permit the making of any claim against Landlord or the Premises in respect thereof.

Tenant-Made Alterations and Trade Fixtures. Tenant may make alterations and improvements to the Premises that are not structural and will not diminish the value of the Premises at the expiration of the Lease Term. Any alterations alterations, additions, or improvements made by or on behalf of Tenant to the Premises Premises, except for those made by Landlord for Tenant and except for Minor Alterations, ("“Tenant-Made Alterations"”) shall become part be subject to Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. The term “Minor Alterations” herein shall mean any alteration, addition or improvements to the Premises that do not (i) affect the mechanical, electrical, HVAC or other Building operating systems, (ii) affect the structural components of the Building or require penetration of the floor or ceiling of the Premises or (iii) cost more than $10,000 in any one instance. All Tenant-Made Alterations shall be constructed in a good and workmanlike manner by contractors reasonably acceptable to Landlord and only good grades of materials shall be used. Upon surrender of the Premises. Tenant shall cause, at its expense, all Tenant-Made Alterations and any leasehold improvements constructed by Landlord or Tenant shall remain on the Premises as Landlord’s property, except to comply the extent Landlord requires removal at Tenant’s expense of any such items or Landlord and Tenant have otherwise agreed in writing in connection with insurance requirements and with Legal Requirements and shall construct at its expense any alteration or modification required by Legal Requirements as a result of Landlord’s consent to any Tenant-Made Alterations. All "Tenant Made Alterations" shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the original construction of the Premisesrepair any damage caused by such removal. Tenant, at its own cost and expense and without Landlord's ’s prior approval, may erect such shelves, bins, machinery machinery, and trade fixtures (collectively "“Trade Fixtures"”) in the ordinary course of its business provided that such items do not alter the basic structural character of the Premises, do not overload or damage the Premises, and may be removed without material injury to the Premises, and the construction, erection, and installation thereof complies with all Legal Requirements and with Landlord's requirements set forth aboveRequirements. Upon Landlord's electionWhen Tenant vacates the Premises, Tenant, at its expense, Tenant shall remove its Trade Fixtures and shall immediately repair any damage caused by such removal, prior to the expiration or earlier termination of this Lease. Notwithstanding anything in the foregoing, implied or expressed to the contrary, Landlord has not consented to any work that would permit the making of any claim against Landlord or the Premises in respect thereof.