Common use of Lessee's Improvements Clause in Contracts

Lessee's Improvements. Notwithstanding anything to the contrary set forth in this Lease, all Utility Installations, Trade Fixtures and Alterations, including Lessee Owned Alterations and/or Utility Installations, shall be free and clear of any and all liens and/or encumbrances in favor of any third-party and shall be available, without limitation, to secure Lessee’s faithful performance of its obligations as set forth in this Lease. Upon any default or breach of this Lease by Lessee whereby Lessor elects to terminate the Lease, such Utility Installations, Trade Fixtures and Alterations, including Lessee Owned Alterations and/or Utility Installations, shall remain upon and be surrendered by Lessee to Lessor with the Premises, subject to Xxxxxx’s right to remove the same, at Xxxxxx’s sole cost and expense, as set forth below. The Premises shall otherwise be returned to Lessor in the same condition as of the date of this Lease, reasonable wear and tear excepted. After the Commencement Date, and thereafter from time to time at the reasonable request of Lessor, Xxxxxx hereby agrees to execute certain security instruments, including, but not limited to, a UCC Form-1 or other filing, in order to create and/or perfect Lessor’s security interest in such Utility Installations, Trade Fixtures and Alterations, as set forth herein, which security instruments will be prepared by Lessor and submitted to Lessee, and recorded by Xxxxxx, at Lessor’s sole cost and expense. Upon any termination or earlier expiration of this Lease not resulting from the default or breach of this Lease by Lessee, all Utility Installations, Trade Fixtures and Alterations, including Lessee Owned Alterations and/or Utility Installations, located in the Premises shall remain upon and be surrendered by Xxxxxx with the Premises, subject to Xxxxxx’s right to remove the same, at Xxxxxx’s sole cost and expenses, as set forth below. The Premises shall otherwise be returned to Lessor in the same condition as of the date of this Lease, reasonable wear and tear excepted. Notwithstanding the foregoing, upon any termination or expiration of this Lease not resulting from the default or breach of this Lease by Lessee, Lessee, at Lessee’s option, shall have the right to remove any such Utility Installations, Trade Fixtures and Alterations, including Lessee Owned Alterations and/or Utility Installations, at Lessee’s sole cost and expense, provided that (a) all such Utility Installations, Trade Fixtures and Alterations, including Lessee Owned Alterations and/or Utility Installations shall be removed by Lessee within 15 days after such termination or expiration of this Lease and (b) Lessee shall, at its sole cost and expense, repair any damage to the Premises caused by such removal.

Lessee's Improvements. Notwithstanding anything to the contrary set forth in this Lease, all Utility Installations, Trade Fixtures and Alterations, including The "Lessee Owned Alterations and/or Utility Installations, Interior Improvements" shall be free and clear of any and defined as all liens and/or encumbrances in favor of any third-party items as shown on attached Exhibit B and shall be available, without limitation, constructed by independent contractors to secure Lessee’s faithful performance of its obligations as set forth in this Lease. Upon any default or breach of this Lease be employed by Lessee whereby Lessor elects to terminate and under the Lease, such Utility Installations, Trade Fixtures and Alterations, including Lessee Owned Alterations and/or Utility Installations, shall remain upon and be surrendered by Lessee to Lessor with the Premises, subject to Xxxxxx’s right to remove the same, at Xxxxxx’s sole cost and expense, as set forth below. The Premises shall otherwise be returned to Lessor in the same condition as of the date of this Lease, reasonable wear and tear excepted. After the Commencement Date, and thereafter from time to time at the reasonable request supervision of Lessor, Xxxxxx hereby agrees to execute certain security instruments, including, but not limited to, a UCC Form-1 or other filing, in order to create and/or perfect Lessor’s security interest in such Utility Installations, Trade Fixtures accordance with complete plans and Alterations, as set forth herein, which security instruments will be specifications prepared by Lessor and submitted approved by Lessee ("Lessee Improvement Plans"), to Lesseebe attached hereto as Exhibit B.1. Lessee and its designated representatives, shall at all times during the construction of the Lessee Interior Improvements have access to the Building to monitor the progress of construction and recorded by XxxxxxLessor's compliance with its obligation hereunder; provided however, at Lessor’s sole cost and expensethat such access shall not unreasonably interfere with the activities of Lessor or its contractors. Upon If Lessor notifies Lessee that any termination fittings, finishes or earlier expiration of this Lease other materials included in the specifications for the Lessee Interior Improvements cannot resulting from the default be obtained within fifteen (15) days after placing an order therefor for fittings, finishes, or breach of this Lease other materials specified by Lessee, Lessee shall be responsible for selecting alternative fittings, finishes or other materials which can be obtained within said fifteen (15) day period, or, if Lessee does not specify any alternative, Lessee shall be responsible for any delay beyond said fifteen (15) day period including Rent for each day of delay. Lessor shall be responsible for ensuring that the Lessee Interior Improvements conform to the approved plans and all Utility Installationsapplicable statutes, Trade Fixtures rules, regulations, ordinances, and Alterations, including Lessee Owned Alterations and/or Utility Installations, located San Xxxx Building Department interpretations necessary for occupancy. For any contract to be entered into between Lessor and any contractor furnishing labor or materials in the Premises shall remain upon and be surrendered by Xxxxxx connection with the Premises, subject to Xxxxxx’s right to remove the same, at Xxxxxx’s sole cost and expenses, as set forth below. The Premises shall otherwise be returned to Lessor in the same condition as construction of the date Lessee Interior Improvements where the payment due under such contract is estimated by Lessor to be in excess of this LeaseOne Hundred Thousand Dollars $100,000, reasonable wear and tear exceptedLessor shall request bids from at least three (3) qualified contractors selected by Lessor for bidding. Notwithstanding Lessor will accept the foregoing, upon any termination or expiration of this Lease not resulting from the default or breach of this Lease by Lessee, Lessee, at Lessee’s option, lowest qualified bid. Lessee shall have the right opportunity to remove review the qualified bidders list and may select a bidder of their choice for any such Utility Installations, Trade Fixtures and Alterations, including Lessee Owned Alterations and/or Utility Installations, at Lessee’s sole cost and expense, bid provided that (a) all such Utility Installations, Trade Fixtures and Alterations, including Lessee Owned Alterations and/or Utility Installations the bidder meets Lessor's reasonable requirements. Lessor shall be removed responsible for and shall pay the cost of the Lessee Interior Improvements up to the amount of Six Hundred Ninety Thousand Dollars ($690,000) (the "TI Allowance"). In the event the cost of the Lessee Interior Improvements is less than the TI Allowance, the monthly base rent under the Lease shall be reduced by $15.83 per month for every $1,000 dollars the costs are less than the TI Allowance. Costs in excess of the TI Allowance, if ally, and the cost of clean room estimated at $280,000 will not be incurred without advance approval of Lessee. Any approved cost over the TI Allowance shall be paid for by Lessee in cash within 15 fifteen (15) days after such termination or expiration Lessor has provided Lessee with evidence that the work approved is complete. Lessor shall be entitled to a construction management fee covering its overhead and profit on the TI work of this Lease six percent (6%). All costs for Lessee Interior Improvements shall be documented and (b) Lessee shall, at its sole cost and expense, repair any damage subject to the Premises caused verification by such removalLessee.

Lessee's Improvements. Notwithstanding anything Subject to the contrary set forth provisions of paragraphs 2.2 and 2.3 above, Lessee hereby acknowledges and agrees that it is accepting the Premises in this Lease, all Utility Installations, Trade Fixtures their "As Is" condition and Alterations, including that Lessor shall not be obligated to construct or pay for any tenant improvements thereon except that Lessor shall provide to Lessee Owned Alterations and/or Utility Installations, a tenant improvement allowance (the "Improvement Allowance") of up to Twenty Thousand Dollars ($20,000) to paint and carpet the existing office space in the Premises. The Improvement Allowance shall be free promptly reimbursed to Lessee upon Lessor's receipt of paid invoices from Lessee with respect to such painting and clear carpeting. Any portion of any the Improvement Allowance which is not used to paint and carpet the Premises within six (6) months of the Commencement Date shall be retained by the Lessor. Lessee acknowledges that all liens and/or encumbrances in favor of any third-party other improvements to the premises shall be made at Lessee's sole cost and expense and shall be availablesubject to Lessor's prior written approval and the provisions of paragraphs 7.3 and 7.4 above. Furthermore, without limitation, to secure Lessee’s faithful performance of its obligations as set forth in this Lease. Upon any default or breach Lessee acknowledges and agrees that the execution and commencement of this Lease by shall not be subject to, delayed or conditioned upon Lessee whereby Lessor elects obtaining any governmental approvals or permits or other consents to terminate the Lease, such Utility Installations, Trade Fixtures and Alterations, including Lessee Owned Alterations and/or Utility Installations, shall remain upon and be surrendered by Lessee to Lessor with construct any improvements in the Premises. Lessor expressly acknowledges that Lessee intends to construct additional improvements in the Premises promptly following the Commencement Date at a cost of approximately Two Hundred Thousand Dollars ($200,000). Lessor agrees that it shall, subject within seven (7) days of its receipt of any proposed plans and specifications for such alterations, provide to Xxxxxx’s right Lessee either Lessor's written approval of such plans and specifications or written notice of Lessor's disapproval thereof, which disapproval notice shall state the reasons for such disapproval and the specific changes to remove the submitted plans and specifications which must be made in order for Lessor to approve the same, at Xxxxxx’s sole cost if any. Lessor's response with respect to any revised plans and expense, as set forth belowspecifications shall thereafter be limited to five (5) days following its receipt of the revised documents. The Premises failure of Lessor to respond in writing within the required time period shall otherwise conclusively be returned deemed to Lessor in the same condition as constitute Lessor's approval of the date of this Lease, reasonable wear plans and tear excepted. After the Commencement Date, and thereafter from time to time at the reasonable request of Lessor, Xxxxxx hereby agrees to execute certain security instruments, including, but not limited to, a UCC Form-1 or other filing, in order to create and/or perfect Lessor’s security interest in such Utility Installations, Trade Fixtures and Alterations, specifications as set forth herein, which security instruments will be prepared by Lessor and submitted to Lessee, and recorded by Xxxxxx, at Lessor’s sole cost and expense. Upon any termination or earlier expiration of this Lease not resulting from the default or breach of this Lease by Lessee, all Utility Installations, Trade Fixtures and Alterations, including Lessee Owned Alterations and/or Utility Installations, located in the Premises shall remain upon and be surrendered by Xxxxxx with the Premises, subject to Xxxxxx’s right to remove the same, at Xxxxxx’s sole cost and expenses, as set forth below. The Premises shall otherwise be returned to Lessor in the same condition as of the date of this Lease, reasonable wear and tear excepted. Notwithstanding the foregoing, upon any termination or expiration of this Lease not resulting from the default or breach of this Lease by Lessee, Lessee, at Lessee’s option, shall have the right to remove any such Utility Installations, Trade Fixtures and Alterations, including Lessee Owned Alterations and/or Utility Installations, at Lessee’s sole cost and expense, provided that (a) all such Utility Installations, Trade Fixtures and Alterations, including Lessee Owned Alterations and/or Utility Installations shall be removed by Lessee within 15 days after such termination or expiration of this Lease and (b) Lessee shall, at its sole cost and expense, repair any damage to the Premises caused by such removal.

Lessee's Improvements. Notwithstanding anything Lessee shall not be allowed to make any alterations, additions, or improvements ("Lessee's Improvements") to the contrary set forth in Leased Property, without first obtaining the written consent of the Landlord, which consent will not be unreasonably withheld, provided same are consistent with the use of the Leased Property described herein and provided that same do not diminish the market value of the Leased Property or conflict with this Lease. If the improvements, all Utility Installationsalterations or additions are to be made by a contractor other than Landlord's, Trade Fixtures and Alterations, including Lessee Owned Alterations and/or Utility Installations, Landlord approval shall be free required, which approval shall not be unreasonably withheld. In the event any of the Lessee's Improvements are to be installed on the roof of the Improvements, Lessee shall assume full responsibility for all maintenance and clear repair of any and all liens and/or encumbrances in favor of any third-party the roof which may be attributed to such installation. All Lessee Improvements shall be constructed at Lessee's expense and shall be availableand remain the property of Lessee, without limitation, to secure Lessee’s faithful performance of its obligations as set forth in this Lease. Upon any default or breach of this Lease by Lessee whereby Lessor elects to terminate until the Lease, such Utility Installations, Trade Fixtures and Alterations, including Lessee Owned Alterations and/or Utility Installations, shall remain upon and be surrendered by Lessee to Lessor with the Premises, subject to Xxxxxx’s right to remove the same, at Xxxxxx’s sole cost and expense, as set forth below. The Premises shall otherwise be returned to Lessor in the same condition as of the date termination of this Lease, reasonable wear and tear exceptedat which time the Lessee Improvements shall become the property of Landlord. After the Commencement DateProvided, and thereafter from time to time however, at the reasonable request option of Lessorthe Landlord, Xxxxxx hereby agrees to execute certain security instruments, including, but not limited to, a UCC Form-1 or other filing, in order to create and/or perfect Lessor’s security interest in such Utility Installations, Trade Fixtures and Alterations, as set forth herein, which security instruments will be prepared by Lessor and submitted to Landlord may require Lessee, and recorded by Xxxxxx, at Lessor’s sole cost and expense. Upon any the termination or earlier expiration of this Lease not resulting from the default or breach of this Lease by Lessee, all Utility Installations, Trade Fixtures and Alterations, including Lessee Owned Alterations and/or Utility Installations, located in the Premises shall remain upon and be surrendered by Xxxxxx with the Premises, subject to Xxxxxx’s right to remove the same, at Xxxxxx’s sole cost and expenses, as set forth below. The Premises shall otherwise be returned to Lessor in the same condition as of the date of this Lease, reasonable wear and tear excepted. Notwithstanding the foregoing, upon any termination or expiration of this Lease not resulting from the default or breach of this Lease by Lessee, Lessee, at Lessee’s option, shall have the right to remove any such Utility Installationsand all of the Lessee Improvements, Trade Fixtures and Alterations, including Lessee Owned Alterations and/or Utility Installations, at Lessee’s sole cost and expense, provided that (a) all such Utility Installations, Trade Fixtures and Alterations, including Lessee Owned Alterations and/or Utility Installations shall be removed by Lessee within 15 days after responsible for payment of the cost of repairing any damage arising from such termination or expiration removal. The provisions of this Lease section shall survive the termination of this Lease. It is understood by both parties that this Section shall not require Lessee to obtain Landlord's permission for Lessee to remove Lessee's fixtures and (b) Lessee shall, at its sole cost and expense, repair any damage to equipment from the Premises caused by such removalLeased Property before or after the termination of this Lease.