Common use of Minor Alterations Clause in Contracts

Minor Alterations. So long as no event of default shall have occurred and be continuing, Tenant may, at its expense, make interior and/or exterior nonstructural additions to and alterations to the Leased Premises with prior written notice to and consent by Landlord; however consent shall not be required if the cost of such additions or alterations is less than $100,000.00; provided, that (i) upon completion of such additions or alterations, neither the fair market value of the Leased Premises shall be lessened thereby nor the utility or condition of the Leased Premises impaired, below the value, utility or condition thereof immediately prior to such action, (ii) such additions or alterations shall not result in a change of use of the Leased Premises, and (iii) such work shall be completed in a good and workmanlike manner and in compliance with all applicable legal requirements and insurance requirements. Any and all such additions and alterations shall be and remain part of the Leased Premises and shall be subject to this Lease. In no event shall Landlord be obligated to reimburse or compensate Tenant or any other person or entity for any such additions, alterations or improvements to the Leased premises, and Tenant hereby waives any right to reimbursement or compensation for any such additions, alterations or improvements.

Appears in 4 contracts

Samples: Lease Agreement (Peak Resorts Inc), Option Agreement (Peak Resorts Inc), Lease Agreement (Peak Resorts Inc)

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Minor Alterations. So long as no event Event of default Default shall have occurred and be continuing, Tenant may, at its expense, make interior and/or exterior nonstructural additions to and any additions, modifications or alterations to the Leased Premises Property with prior written notice to and consent by Landlord; however Landlord (which consent shall not be required if the cost of such additions unreasonably withheld, conditioned or alterations is less than $100,000.00delayed) and Mortgagee (which consent may be withheld in Mortgagee’s sole and absolute discretion); provided, provided that (i) upon completion of such additions or alterations, neither the fair market value of the Leased Premises Property shall be materially lessened thereby nor the utility or condition of the Leased Premises Property materially impaired, below the value, utility or condition thereof immediately prior to such action, action (ii) such additions or alterations shall do not result in a change of materially, adversely affect the use of the Leased PremisesProperty as set forth in Section 8, and (iii) such work shall be completed in a good and workmanlike manner and in compliance with all applicable legal requirements Laws and insurance requirements. Any ; and all (iv) such additions and or alterations are non-structural in nature. Title to all additions, modifications or alterations to any of the Leased Property shall be and remain part of the Leased Premises Property and shall be subject to this Lease. In no event shall Landlord be obligated to reimburse or compensate Tenant or any other person or entity for any such additions, alterations or improvements to the Leased premises, and Tenant hereby waives any right to reimbursement or compensation for any such additions, alterations or improvements.

Appears in 1 contract

Samples: www.newyorkcharters.org

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