Common use of Alterations or Improvements Clause in Contracts

Alterations or Improvements. ACEMS shall not make, or permit to be made, any alterations or improvements to the Premises (including, without limitation, telecommunications, data transmission and other wiring), unless ACEMS obtains the prior written consent of Meridian. Any and all alterations or improvements shall be made in accordance with all applicable laws and building codes, in a good and workmanlike manner and in quality equal to or better than the original construction of the Premises and shall comply with such requirements as Meridian considers necessary or desirable, as set forth in writing. ACEMS shall promptly pay all costs attributable to such alterations and improvements and shall indemnify Meridian against any mechanics’ liens or other liens or claims filed or asserted as a result thereof and against any costs or expenses which may be incurred as a result of building code violations, attributable to such work. ACEMS shall promptly repair any damage to the Premises caused by any such alterations or improvements. Any alterations or improvements to the Premises, except movable furniture and equipment and trade fixtures, shall become a part of the realty and the property of Meridian, and shall not be removed by ACEMS, unless Meridian requires that they be removed by ACEMS, in which case, ACEMS shall be required to restore the Premises to their condition prior to such alteration or improvement, normal wear and tear excepted. ACEMS shall be deemed to have abandoned any improvements, furnishings and equipment that it is entitled to remove but which it fails to remove within thirty (30) days of the expiration or termination of this Agreement, and upon abandonment, such property shall be the property of Meridian. ACEMS shall not make any changes or alterations to the Premises and/or the passageways, pedestrian walkways, sidewalks and parking at Station Eight which would have the effect of making the improvements in and near the building cease to be in compliance with the AMERICANS WITH DISABILITIES ACT OF 1990, Public Law No. 101-336, 42 USC 12101 et. seq. as it may be amended from time to time (the "ADA"). ACEMS shall not enter into any change of use of the Premises, whether approved by Meridian or not, if such change in use would result in increased liability of Meridian under the ADA, or any shifting of liability between ACEMS and Meridian as a result of any such change of use.

Appears in 1 contract

Samples: Location Agreement

AutoNDA by SimpleDocs

Alterations or Improvements. ACEMS Tenant shall not make, or nor permit to be made, any alterations or improvements to the Premises (including, without limitation, telecommunications, data transmission and other wiring)Premises, unless ACEMS Tenant obtains the prior written consent of MeridianLandlord thereto. Any and all If Landlord permits Tenant to make any such alterations or improvements improvements, Tenant shall be made make the same in accordance with all applicable laws and building codes, in a good and workmanlike manner and in quality equal to or better than the original construction of the Premises Project and shall comply with such requirements as Meridian Landlord considers necessary or desirable, including without limitation the provision by Tenant to Landlord with security for the payment of all costs to be incurred in connection with such work, requirements as set forth to the manner in writingwhich and the times at which such work shall be done and the contractor or subcontractors to be selected to perform such work and the posting and re-posting of notices of Landlord's non-responsibility for mechanics' liens. ACEMS Tenant shall promptly pay all costs attributable to such alterations and improvements and shall indemnify Meridian indemnify, defend and hold harmless Landlord from and against any mechanics’ mechanic's liens or other liens or claims filed or asserted as a result thereof and against any costs or expenses which may be incurred as a result of building code violations, violations attributable to such work. ACEMS Tenant shall promptly repair any damage to the Premises or the Project caused by any such alterations or improvements. Any alterations or improvements to the Premises, except movable office furniture and equipment and trade fixtures, shall at Landlord's election, either (i) become a part of the realty and the property of MeridianLandlord, and shall not be removed by ACEMSTenant, unless Meridian requires that they or (ii) be removed by ACEMS, in which case, ACEMS shall be required to restore Tenant upon the Premises to their condition prior to such alteration expiration or improvement, normal wear sooner termination hereof and tear exceptedany damage caused thereby repaired at Tenant's cost and expense. ACEMS shall be deemed to have abandoned any improvements, furnishings and equipment that it is entitled to remove but which it In the event Tenant so fails to remove within thirty (30) days of the expiration or termination of this Agreementsame, Landlord may have same removed and upon abandonment, such property shall be the property of Meridian. ACEMS shall not make any changes or alterations to the Premises and/or the passagewaysso repaired at Tenant's expense. At Landlord's election, pedestrian walkwaysLandlord and Landlord's architect, sidewalks and parking at Station Eight which would engineers or contractors shall have the effect of making the improvements in and near the building cease right to be in compliance with the AMERICANS WITH DISABILITIES ACT OF 1990, Public Law No. 101-336, 42 USC 12101 et. seq. as it may be amended from time to time (the "ADA"). ACEMS shall not enter into any change of use of supervise all construction operations within the Premises, whether approved by Meridian or not, if and Tenant shall promptly pay Landlord the cost of such change in use would result in increased liability of Meridian under the ADA, or any shifting of liability between ACEMS and Meridian as a result of any such change of usesupervision.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Behringer Harvard Reit I Inc)

Alterations or Improvements. ACEMS shall not Tenant may make, or permit to be made, any alterations or improvements to the Premises (includingcollectively, without limitation, telecommunications, data transmission and other wiring“Alterations”), unless ACEMS but only if Tenant obtains the prior written consent of MeridianLandlord, which consent shall not be unreasonably withheld, delayed or conditioned, after furnishing to Landlord the plans and specifications for the Alterations (to the extent plans and specifications are required in order to obtain a building permit for such Alterations). Any and all alterations or improvements If Landlord allows Tenant to make any such Alterations, Tenant shall be made make the same in accordance with all applicable laws Applicable Law and building codes, in a good and workmanlike manner and in quality equal to or better than the original construction of the Premises Building and shall comply with such requirements as Meridian Landlord considers necessary or desirable, including without limitation requirements as set forth to the manner in writingwhich and the times at which such work shall be done and the licensed and insured contractor or subcontractors to be selected to perform such work. ACEMS Tenant may not puncture the roof or interfere with the sprinkler system without specific written permission from Landlord. Upon completion of any such Alterations, Tenant shall provide Landlord with “as built” plans and proof of payment for all labor and materials. Tenant shall promptly pay all costs attributable to such alterations and improvements Alterations and shall indemnify Meridian Landlord against any construction and mechanics’ liens or other liens or claims filed or asserted as a result thereof thereof, as provided in Article X; and shall also indemnify Landlord against any costs or expenses which may be incurred as a result thereof, as provided in Article X; and shall also indemnify Landlord against any costs or expenses which may be incurred as a result of building code violations, violations attributable to such workany Alterations. ACEMS Tenant shall promptly repair any damage to the Premises or the Building caused by any such alterations or improvementsAlterations. Any alterations or improvements to the PremisesAlterations, except movable furniture furniture, computers, equipment, trade fixtures and equipment and trade fixturesall other personal property, shall become a part of the realty and the property of Meridian, Landlord and shall not be removed by ACEMS, unless Meridian requires that they be removed Tenant. Tenant shall abide by ACEMS, in which case, ACEMS shall be required to restore the Premises to their condition prior to such alteration or improvement, normal wear and tear excepted. ACEMS shall be deemed to have abandoned any improvements, furnishings and equipment that it is entitled to remove but which it fails to remove within thirty (30) days requirements of the expiration or termination Construction Lien Law of this Agreementthe State of Florida with respect to all Alterations, and upon abandonmentany Notice of Commencement filed by Tenant shall include the language set forth in Section 10.02 hereof. Notwithstanding the foregoing, Tenant shall, without Landlord’s consent (but with notice to Landlord describing such Alterations in reasonable detail) have the right to perform Alterations which (i) are non-structural interior Alterations that do not require connection to any Building systems and which cost no more than $7.50 per rentable square foot in the aggregate during any year of the Term, and (ii) are cosmetic Alterations, such property shall be the property of Meridian. ACEMS shall not make any changes or alterations to the Premises and/or the passageways, pedestrian walkways, sidewalks as painting and parking at Station Eight which would have the effect of making the improvements in and near the building cease to be in compliance with the AMERICANS WITH DISABILITIES ACT OF 1990, Public Law No. 101-336, 42 USC 12101 et. seq. as it may be amended from time to time (the "ADA"). ACEMS shall not enter into any change of use of the Premises, whether approved by Meridian or not, if such change in use would result in increased liability of Meridian under the ADA, or any shifting of liability between ACEMS and Meridian as a result of any such change of usecarpeting.

Appears in 1 contract

Samples: Office Lease Agreement (Twinlab Consolidated Holdings, Inc.)

Alterations or Improvements. ACEMS Except for alterations, additions or improvements that (i) cost less than $25,000.00 in the aggregate, (ii) are non-structural in nature, (iii) do not require a building permit and (iv) do not adversely affect the Building Systems, Tenant shall not make, or nor permit to be made, any alterations or improvements to the Premises (including, without limitation, telecommunications, data transmission and other wiring)Premises, unless ACEMS Tenant obtains the prior written consent of MeridianLandlord thereto which approval shall not be unreasonably withheld, conditioned or delayed. Any and all If Landlord permits Tenant to make any such alterations or improvements improvements, Tenant shall be made make the same in accordance with all applicable laws and building codes, in a good and workmanlike manner and in quality equal to or better than the original construction of the Premises Building and shall comply with such requirements as Meridian Landlord considers reasonably necessary or desirable, including without limitation the provision by Tenant to Landlord with security for the payment of all costs to be incurred in connection with such work, requirements as set forth to the manner in writingwhich and the times at which such work shall be done and the contractor or subcontractors to be selected to perform such work and the posting and re-posting of notices of Landlord’s non-responsibility for mechanics’ liens. ACEMS Tenant shall promptly pay all costs attributable to such alterations and improvements and shall indemnify Meridian against release or cause to be bonded off any mechanics’ liens or other liens or claims filed or asserted as a result thereof and against any costs or expenses which may be incurred as a result of building code violations, violations attributable to such work. ACEMS Tenant shall promptly repair any damage to the Premises or the Building caused by any such alterations or improvements. Any alterations or improvements to the Premises, except movable office furniture and equipment and trade fixturesfixtures (including any of Tenant’s manufacturing equipment), shall shall, at Landlord’s election, either (i) become a part of the realty and the property of Meridian, Landlord and shall not be removed by ACEMSTenant, unless Meridian requires that they be removed by ACEMSor, in which case, ACEMS shall be required to restore the Premises to their condition prior to such alteration or improvement, normal wear and tear excepted. ACEMS shall be deemed to have abandoned any improvements, furnishings and equipment that it is entitled to remove but which it fails to remove within (ii) upon thirty (30) days of prior written notice to Tenant, be removed by Tenant upon the expiration or sooner termination of this Agreementhereof and any damage caused thereby repaired at Tenant’s cost and expense. In the event Tenant so fails to remove same, Landlord may have same removed and upon abandonment, such property shall be the property of Meridian. ACEMS shall not make any changes or alterations to the Premises and/or the passageways, pedestrian walkways, sidewalks and parking so repaired at Station Eight which would have the effect of making the improvements in and near the building cease to be in compliance with the AMERICANS WITH DISABILITIES ACT OF 1990, Public Law NoTenant’s expense. 101-336, 42 USC 12101 et. seq. as it may be amended from time to time (the "ADA"). ACEMS shall not enter into any change of use of the Premises, whether approved by Meridian or not, if such change in use would result in increased liability of Meridian under the ADA, or any shifting of liability between ACEMS and Meridian as a result of any such change of use.COMMERCIAL LEASE

Appears in 1 contract

Samples: Commercial Lease (Interphase Corp)

Alterations or Improvements. ACEMS shall not Tenant may make, or may permit to be made, any alterations or improvements to the Leased Premises (including, without limitation, telecommunications, data transmission and other wiring), unless ACEMS but only if Tenant obtains the prior written consent of MeridianLandlord which shall not be unreasonably withheld. Any and all Notwithstanding the foregoing, Tenant may make or permit to be made alterations or improvements of a non-structural nature to the Leased Premises without the prior written consent of Landlord to the extent that the cumulative cost of such alterations or improvements does not exceed Twenty-five Thousand Dollars ($25,000.00) in any Lease Year. If Landlord allows Tenant to make any such alterations or improvements, Tenant shall be made secure all necessary permits and shall make the alterations and improvements in accordance with all applicable laws laws, regulations and building codes, in a good and workmanlike manner and in quality equal to or better than the original construction of the Premises Building and shall comply with such requirements as Meridian Landlord considers necessary or desirable, including without limitation, requirements as set forth to the manner in writingwhich and the times at which such work shall be done and the contractor or subcontractors to be selected to perform such work. ACEMS Landlord's approval of the plans, specifications and working drawings for Tenant's alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All alterations, additions or improvements shall be installed at Tenant's sole expense in compliance with all applicable laws and by a licensed contractor approved in writing by Landlord. Landlord may require tenant to provide Landlord, at Tenant's 13 sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1 1/2) times the estimated cost of such improvements, alterations or additions to insure against any liability for mechanic's and/or materialmen's liens and to insure completion of the work. Any alterations, improvements or utility installations in, on or about the Leased Premises that Tenant shall desire to make shall be presented to Landlord in written form with proposed detailed plans. If Landlord shall give its consent, such consent shall be conditioned upon (i) Tenant's acquiring a permit to do so from appropriate governmental agencies, (ii) the furnishing of a copy thereof to Landlord prior to the commencement of the work, and (iii) the compliance by Tenant of all conditions of said permit in a prompt and expeditious manner. Tenant shall promptly pay all costs attributable to such alterations and improvements and shall indemnify Meridian against any mechanics’ liens or other liens or claims filed or asserted as a result thereof and against any costs or expenses which may be incurred as a result of building code violations, attributable to such workimprovements. ACEMS Tenant shall promptly repair any damage to the Leased Premises or the Building caused by any such alterations or improvements. Any alterations or improvements to the PremisesLeased Premises paid for by Landlord, except movable office furniture and equipment and trade fixtures, shall become a part of to the realty and the property of MeridianLandlord, and shall not be removed by ACEMS, unless Meridian requires that they be removed by ACEMS, in which case, ACEMS shall be required to restore Tenant. Tenant has the Premises to their condition prior to such alteration or improvement, normal wear and tear excepted. ACEMS shall be deemed to have abandoned any improvements, furnishings and equipment that it is entitled option to remove but which it fails to remove within thirty (30) days of the expiration alterations or termination of this Agreement, and upon abandonment, such property shall be the property of Meridian. ACEMS shall not make any changes or alterations improvements to the Leased Premises and/or the passageways, pedestrian walkways, sidewalks and parking at Station Eight which would have the effect of making the improvements in and near the building cease to be in compliance with the AMERICANS WITH DISABILITIES ACT OF 1990, Public Law No. 101-336, 42 USC 12101 et. seq. as it may be amended from time to time (the "ADA"). ACEMS shall not enter into any change of use of the Premises, whether approved paid for by Meridian or not, if such change in use would result in increased liability of Meridian under the ADA, or any shifting of liability between ACEMS and Meridian as a result of any such change of useTenant.

Appears in 1 contract

Samples: Office Lease (Entex Information Services Inc)

Alterations or Improvements. ACEMS shall not make, or permit to be made, any alterations or improvements to the Premises (including, without limitation, telecommunications, data transmission and other wiring), unless ACEMS obtains the prior written consent of Meridian. Any and all alterations or improvements shall be made in accordance with all applicable laws and building codes, in a good and workmanlike manner and in quality equal to or better than the original construction of the Premises and shall comply with such requirements as Meridian considers necessary or desirable, as set forth in writing. ACEMS shall promptly pay all costs attributable to such alterations and improvements and shall indemnify Meridian against any mechanics’ liens or other liens or claims filed or asserted as a result thereof and against any costs or expenses which may be incurred as a result of building code violations, attributable to such work. ACEMS shall promptly repair any damage to the Premises caused by any such alterations or improvements. Any alterations or improvements to the Premises, except movable furniture and equipment and trade fixtures, shall become a part of the realty and the property of Meridian, and shall not be removed by ACEMS, unless Meridian requires that they be removed by ACEMS, in which case, ACEMS shall be required to restore the Premises to their condition prior to such alteration or improvement, normal wear and tear excepted. ACEMS shall be deemed to have abandoned any improvements, furnishings and equipment that it is entitled to remove but which it fails to remove within thirty (30) days of the expiration or termination of this Agreement, and upon abandonment, such property shall be the property of Meridian. ACEMS shall not make any changes or alterations to the Premises and/or the passageways, pedestrian walkways, sidewalks and parking at Station Eight Seven which would have the effect of making the improvements in and near the building cease to be in compliance with the AMERICANS WITH DISABILITIES ACT OF 1990, Public Law No. 101-336, 42 USC 12101 et. seq. as it may be amended from time to time (the "ADA"). ACEMS shall not enter into any change of use of the Premises, whether approved by Meridian or not, if such change in use would result in increased liability of Meridian under the ADA, or any shifting of liability between ACEMS and Meridian as a result of any such change of use.

Appears in 1 contract

Samples: mccmeetingspublic.blob.core.usgovcloudapi.net

Alterations or Improvements. ACEMS Tenant shall not make, or nor permit to be made, any alterations or improvements to the Premises (including, without limitation, telecommunications, data transmission and other wiring)Premises, unless ACEMS Tenant obtains the prior written consent of MeridianLandlord thereto. Any and all If Landlord permits Tenant to make any such alterations or improvements improvements, Tenant shall be made make the same in accordance with all applicable laws and building codes, in a good and workmanlike manner and in quality equal to or better than the original construction of the Premises Building and shall comply with such requirements as Meridian Landlord considers necessary or desirable, including without limitation the provision by Tenant to Landlord with security for the payment of all costs to be incurred in connection with such work, requirements as set forth to the manner in writingwhich and the times at which such work shall be done and the contractor or subcontractors to be selected to perform such work and the posting and. ACEMS re-posting of notices of Landlord’s non-responsibility for mechanics’ liens. Tenant shall promptly pay all costs attributable to such alterations and improvements and shall indemnify Meridian indemnify, defend and hold harmless Landlord from and against any mechanics’ liens or other liens or claims filed or asserted as a result thereof and against any costs or expenses which may be incurred as a result of building code violations, violations attributable to such work. ACEMS Tenant shall promptly repair any damage to the Premises or the Building caused by any such alterations or improvements. Any alterations or improvements to the Premises, except movable office furniture and equipment and trade fixtures, shall shall, at Landlord’s election, either (i) become a part of the realty and the property of Meridian, Landlord-and shall not be removed by ACEMSTenant, unless Meridian requires that they or (ii) be removed by ACEMS, in which case, ACEMS shall be required to restore Tenant upon the Premises to their condition prior to such alteration expiration or improvement, normal wear sooner termination hereof and tear exceptedany damage caused thereby repaired at Tenant’s cost and expense. ACEMS shall be deemed to have abandoned any improvements, furnishings and equipment that it is entitled to remove but which it In the event Tenant so fails to remove within thirty (30) days of the expiration or termination of this Agreementsame, Landlord may have same removed and upon abandonment, such property shall be the property of Meridian. ACEMS shall not make any changes or alterations to the Premises and/or the passagewaysso repaired at Tenant’s expense. At Landlord’s election, pedestrian walkwaysLandlord and Landlord’s architect, sidewalks and parking at Station Eight which would engineers or contractors shall have the effect of making the improvements in and near the building cease right to be in compliance with the AMERICANS WITH DISABILITIES ACT OF 1990, Public Law No. 101-336, 42 USC 12101 et. seq. as it may be amended from time to time (the "ADA"). ACEMS shall not enter into any change of use of supervise all construction operations within the Premises, whether approved by Meridian or not, if and Tenant shall promptly pay Landlord the cost of such change in use would result in increased liability of Meridian under the ADA, or any shifting of liability between ACEMS and Meridian as a result of any such change of usesupervision.

Appears in 1 contract

Samples: Office Lease (Endocyte Inc)

Alterations or Improvements. ACEMS During the Term, Tenant shall not makehave the right to make such alterations, or permit to be made, any alterations additions or improvements to the Premises (including"Improvements") as deemed necessary or desirable by Tenant, provided that such Improvements are constructed in accordance with the terms and conditions of this subSection (d); provided, however, Tenant shall not make any Improvements of a structural nature without limitation, telecommunications, data transmission obtaining Landlord's prior written consent. At the time Tenant desires to make any Improvements with a cost in excess of Ten Thousand and other wiringno/100 Dollars ($10,000.00), unless ACEMS obtains Tenant shall submit (i) a general plan or layout to Landlord for Landlord's review ; (ii) an indication of any Structural Improvements which require Landlord' s consent; and (iii) an express written notice that Landlord must notify Tenant within twenty (20) days if Landlord will require Tenant to remove such Improvements prior to the Expiration Date. Within fifteen (15) days following receipt of such plan and notice, Landlord shall notify Tenant in writing if Landlord objects to any such Improvements, in which case Tenant may not proceed, and/or if Landlord will require Tenant to remove such Improvements prior written consent to the Expiration Date ("Removal Notice"). Tenant shall not have the right to make any Improvements to or on the common areas of Meridianthe Project. Any and all alterations or improvements All Improvements shall be made in accordance compliance with all applicable laws and building codes, in a good and workmanlike manner and in quality equal to or better than the original construction of the Premises and shall comply with such requirements as Meridian considers necessary or desirable, as set forth in writingPremises. ACEMS Tenant shall promptly pay all costs attributable to such alterations and improvements Improvements and shall indemnify Meridian indemnify, defend and hold harmless Landlord from and against any mechanics’ mechanic's liens or other liens or claims filed or asserted as a result thereof and against any costs or expenses which may be incurred as a result of building code violations, violations attributable to such work. ACEMS Tenant shall promptly repair any damage to the Premises or the Project caused by during the construction of such Improvements. Landlord shall give proper notice to Tenant of any possible claim with respect to which Tenant's obligation to indemnify, defend and hold harmless Landlord may apply and Tenant shall have the right to defend any such alterations or improvementsclaim with counsel of Tenant's choosing reasonably acceptable to Landlord. Any alterations or improvements All Improvements made by Tenant to the Premises, except movable furniture and equipment and trade fixtures, Premises during the Term shall become a part of the realty and remain the property of Meridian, Tenant and shall not be removed by ACEMS, unless Meridian requires that they be removed by ACEMS, in which case, ACEMS Tenant shall be required entitled to restore all depreciation and amortization of costs in connection therewith. All property taxes attributable to such Improvements will be paid by Tenant and not included in Building Expenses. Prior to surrender of the Premises to their condition Landlord, Tenant shall remove any Improvements identified by Landlord for removal in the Removal Notice and, at Landlord's request provided at least fifteen (15) days prior to the Expiration Date or earlier termination of the Lease, such alteration or improvement, normal wear and tear exceptedother Improvements constructed by Tenant during the Term which were not submitted to Landlord for its prior review. ACEMS Any damage caused by such removal shall be deemed repaired at Tenant's cost and expense. Notwithstanding the preceding to the contrary, Tenant shall have abandoned any improvements, furnishings and equipment that it is entitled no obligation to remove but any Improvements that existed on the Commencement Date, or any Improvements that Tenant installed during the Term and which it Landlord did not identify for removal following Landlord's review of the general plans. In the event Tenant so fails to remove within thirty (30) days of the expiration or termination of this Agreementany Improvements that Tenant is obligated to remove, Landlord may have same removed and upon abandonment, such property shall be the property of Meridian. ACEMS shall not make any changes or alterations to the Premises and/or the passageways, pedestrian walkways, sidewalks and parking so repaired at Station Eight which would have the effect of making the improvements in and near the building cease to be in compliance with the AMERICANS WITH DISABILITIES ACT OF 1990, Public Law No. 101-336, 42 USC 12101 et. seq. as it may be amended from time to time (the "ADA"). ACEMS shall not enter into any change of use of the Premises, whether approved by Meridian or not, if such change in use would result in increased liability of Meridian under the ADA, or any shifting of liability between ACEMS and Meridian as a result of any such change of useTenant's expense.

Appears in 1 contract

Samples: Conference Center Lease Agreement (Cray Inc)

AutoNDA by SimpleDocs

Alterations or Improvements. ACEMS Tenant shall not make, make or permit alterations of or upon any part of the Premises or additions to be madethe Premises, any including Tenant’s initial alterations or improvements to the Premises (includingcollectively, “Alterations”) without limitation, telecommunications, data transmission and other wiring), unless ACEMS obtains first obtaining the prior written consent of MeridianLandlord, which consent shall not be unreasonably withheld. Any Tenant shall at its sole expense and cost, ensure that all alterations or improvements Alterations shall be made in accordance with all applicable laws and building laws, rules, codes, ordinances and regulations in a good and workmanlike manner and in quality equal to or better than the original construction of the Premises or Building, and Tenant shall comply with such requirements as Meridian Landlord considers reasonably necessary or desirable. Before commencement of any Alterations or delivery of any materials unto the Premises or the Building, Tenant shall furnish to Landlord, for its prior written approval, which approval shall not be unreasonably withheld, delayed or denied, plans and specifications certified by a licensed architect or engineer approved by Landlord, which approval shall not be unreasonably withheld, delayed or denied, and such other documentation as set forth Landlord shall reasonably request in writingconnection with the Alterations. ACEMS Landlord’s consent to any such Alterations shall create no responsibility or liability on the part of Landlord for the completeness, design, sufficiency, or compliance with laws, rules, codes, ordinances, or regulations of such Alterations or the plans, specifications or working drawings therefor. Tenant shall promptly pay all costs attributable to such alterations Alterations (including, without limitation, Landlord’s reasonable costs of reviewing plans and improvements materials submitted to Landlord for approval) and shall indemnify Meridian against any mechanics’ liens or other liens or claims filed or asserted as a result thereof and against any costs or expenses which may be incurred as a result of building code violations, attributable to such work. ACEMS shall promptly repair any damage to the Premises Premises, Building or Common Areas caused by any or resulting from such alterations or improvementsAlterations. Any alterations such Alterations shall remain for the benefit of Landlord, provided, however, that Landlord may elect at the time Landlord grants its approval of any Alterations to be made by Tenant, to require that Tenant, at its expense, remove at the expiration or earlier termination of this Lease all or a portion of the Alterations made by Tenant and repair any damage caused by such removal. Tenant’s obligations under this Section shall survive the expiration or earlier termination of this Lease for a period of one (1) year. Notwithstanding the foregoing, during each Lease Year Tenant shall be permitted to perform non-structural Alterations costing no less than $25,000.00 without Landlord’s consent, but upon notice to Landlord. If Landlord permits Tenant to perform any Alterations, then in addition to the requirements set forth above in this Section 7.3, the following shall apply: (i) prior to the commencement of the Alterations or the delivery of any materials to the Building, Tenant shall submit to Landlord, for Landlord’s approval, which approval shall not be unreasonably withheld, delayed or denied, copies of the contracts, names, and addresses of all contractors, necessary permits and licenses, certificates of insurance (including, without limitation, Workmen’s Compensation, comprehensive general liability and adequacy of design insurance) and instruments of indemnification and waivers of lien against any and all claims, costs, expenses, damages and liabilities which may arise in connection with the Alterations, all in such form and amount as shall be reasonably satisfactory to Landlord; (ii) all such Alterations shall be done only by contractors or mechanics approved by Landlord (which approval shall not be unreasonably withheld) and at such time and in such manner as Landlord may from time to time reasonably designate; (iii) upon completion of any Alterations, Tenant shall furnish Landlord with as-built plans, contractors’ affidavits, full and final waivers of lien, receipted bills covering all labor and materials expended and used in connection with such Alterations; and (iv) all such Alterations shall comply with all insurance requirements, all laws, ordinances, rules and regulations of all governmental authorities, and all collective bargaining agreements applicable to the Building, and shall be done in a good and workmanlike manner and with the use of good grades of materials. Tenant shall indemnify and save harmless Landlord from all costs, loss or expense in connection with Alterations, unless caused by or due to the negligence or willful misconduct of Landlord, its agents or employees occurring within the scope of their respective employments without negligence on the part of Tenant. No person shall be entitled to any lien directly or indirectly derived through or under Tenant or through or by virtue of any act or omission of Tenant upon the Premises for any improvements or fixtures made thereon or installed therein or for or on account of any labor or material furnished to the Premises or for or on account of any matter or thing whatsoever; and nothing in this Lease contained shall be construed to constitute a consent by Landlord to the creation of any lien. In the event any lien is filed against the Premises, except movable furniture and equipment and trade fixturesor any part thereof, shall become a part of the realty and the property of Meridian, and shall not be removed by ACEMS, unless Meridian requires that they be removed by ACEMS, in which case, ACEMS shall be required to restore the Premises to their condition prior to such alteration or improvement, normal wear and tear excepted. ACEMS shall be deemed for work claimed to have abandoned any improvementsbeen done for or material claimed to have been furnished to Tenant, furnishings and equipment that it is entitled Tenant shall cause such lien to remove but which it fails to remove be discharged of record within thirty (30) days of the expiration after filing by bonding or termination of this Agreementas provided or required by law or in any other lawful manner. Tenant shall indemnify and save harmless Landlord from all costs, losses, expenses, and upon abandonmentattorneys, such property shall be the property of Meridian. ACEMS shall not make any changes or alterations to the Premises and/or the passageways, pedestrian walkways, sidewalks and parking at Station Eight which would have the effect of making the improvements fees in and near the building cease to be in compliance connection with the AMERICANS WITH DISABILITIES ACT OF 1990, Public Law No. 101-336, 42 USC 12101 et. seq. as it may be amended from time to time (the "ADA"). ACEMS shall not enter into any change of use of the Premises, whether approved by Meridian or not, if such change in use would result in increased liability of Meridian under the ADA, or any shifting of liability between ACEMS and Meridian as a result of any such change of uselien.

Appears in 1 contract

Samples: Lease (Celldex Therapeutics, Inc.)

Alterations or Improvements. ACEMS Tenant shall not makebe permitted to make any alterations of the Leased Premises that (i) affect the Building structure or any Building system, or permit (ii) result in any changes to the exterior of the Building or to the Land, unless and until the plans have been approved in advance by Landlord in writing. Such approval shall not be madeunreasonably withheld, conditioned or delayed. As a condition of any approval required hereunder, Landlord may require Tenant to remove the alterations and repair any damage to the Project upon expiration or earlier termination of this Lease, provided Landlord earmarks or identifies at the time of consent and prior to installation, any alterations or improvements that must be removed at the end of the Lease Term. If Landlord consents to Tenant’s performance of alterations or additions to the Premises (includingProject or if consent is not required under this Section 7.02, without limitation, telecommunications, data transmission and other wiring), unless ACEMS obtains the prior written consent of Meridian. Any and then Tenant shall ensure that all alterations and improvements which are made or improvements necessitated thereby shall be made in accordance with all applicable laws and building codesLaws, in a good and workmanlike manner and in quality equal to or better than the original construction of the Premises Building and shall comply with such reasonable requirements as Meridian Landlord considers necessary or desirable. Landlord’s approval of the plans, as set forth in writing. ACEMS specifications and working drawings for Tenant’s alterations shall promptly pay create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all costs attributable to such alterations laws, rules and improvements and shall indemnify Meridian against any mechanics’ liens regulations of governmental agencies or other liens or claims filed or asserted as a result thereof and against any costs or expenses which may be incurred as a result of building code violations, attributable to such work. ACEMS shall promptly repair any damage to the Premises caused by any such alterations or improvementsauthorities. Any alterations or improvements to the Leased Premises, except movable office furniture and equipment equipment, machinery and all generators and trade fixtures, shall become a part of the realty and the property of MeridianLandlord, and shall not be removed by ACEMSTenant; provided that Tenant may remove upgrades to existing systems, unless Meridian requires which are installed by Tenant as alterations, provided that they be removed by ACEMS, in which case, ACEMS shall be required Tenant restores original systems to restore the Premises to their condition that existed prior to such alteration or improvementalteration, normal wear and tear exceptedTenant may remove additions to existing systems made by Tenant as alterations provided that such removal does not materially and adversely affect the operation of such system as it existed prior to such additions. ACEMS No person shall be deemed entitled to any lien derived through or under Tenant for any labor or material furnished to the Leased Premises, and nothing in this Lease shall be construed to constitute Landlord’s consent to the creation of any lien. If any lien is filed against the Land for work claimed to have abandoned any improvementsbeen done for or material claimed to have been furnished to Tenant, furnishings and equipment that it is entitled Tenant shall cause such lien to remove but which it fails to remove be discharged of record within thirty (30) days after Tenant becomes aware of the expiration such filing. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys’ fees in connection with any construction or termination of this Agreement, alteration and upon abandonment, such property shall be the property of Meridian. ACEMS shall not make any changes or alterations to the Premises and/or the passageways, pedestrian walkways, sidewalks and parking at Station Eight which would have the effect of making the improvements in and near the building cease to be in compliance with the AMERICANS WITH DISABILITIES ACT OF 1990, Public Law No. 101-336, 42 USC 12101 et. seq. as it may be amended from time to time (the "ADA"). ACEMS shall not enter into any change of use of the Premises, whether approved by Meridian or not, if such change in use would result in increased liability of Meridian under the ADA, or any shifting of liability between ACEMS and Meridian as a result of any such change of userelated lien.

Appears in 1 contract

Samples: Lease Agreement (Alliance Data Systems Corp)

Alterations or Improvements. ACEMS shall not Tenant may make, or may permit to be made, any alterations or improvements to the Premises (includingLeased Premises, without limitation, telecommunications, data transmission but only major exterior and other wiring), unless ACEMS structoral alterations if Tenant obtains the prior written consent of MeridianLandlord thereto, which shall not be unreasonably withheld, delayed or conditioned. Any Tenant may make interior changes relating to painting, wallpaper, carpeting and other cosmetic changes (“Cosmetic Changes”) and non-structural interior alterations without Landlord’s consent. Tenant shall secure all necessary permits and shall make the alterations or and improvements shall be made in accordance with all applicable laws laws, regulations and building codes, in a good and workmanlike manner and in quality equal to or better than the original construction of the Building. Landlord’s approval of the plans, specifications and working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All alterations, additions or improvements shall be installed at Tenant’s sole expense in compliance with all Laws and by a licensed contractor. Any alterations, improvements or utility installations in, on or about the Leased Premises and that Tenant shall comply desire to make which require Landlord’s consent shall be presented to Landlord in written form with such requirements as Meridian considers necessary or desirable, as set forth in writingproposed detailed plans. ACEMS shall promptly pay all costs attributable to such alterations and improvements and shall indemnify Meridian against any mechanics’ liens or other liens or claims filed or asserted as a result thereof and against any costs or expenses which may be incurred as a result of building code violations, attributable to such work. ACEMS Tenant shall promptly repair any damage to the Leased Premises or the Building caused by any such alterations or improvements. Any alterations or improvements to the PremisesLeased Premises paid for by Landlord, except movable furniture Tenant’s furniture, equipment, furnishings, fixtures and equipment and trade fixturesother personal property, shall become a part of the realty and the property of MeridianLandlord, and shall not be removed by ACEMSTenant. Subject to Section 2.04, unless Meridian requires that they be removed Tenant has the option, but not the obligation, to remove alterations or improvements to the Leased Premises paid for by ACEMSTenant, in which caseprovided Tenant shall repair any damage to the Leased Premises caused by such removal. For purposes of this Section 7.03, ACEMS “Major” shall be required to restore mean an alteration or improvement where the Premises to their condition prior to cost of such alteration or improvement, normal wear improvement exceeds one hundred thousand and tear excepted. ACEMS shall be deemed to have abandoned any improvements, furnishings and equipment that it is entitled to remove but which it fails to remove within thirty 00/100 dollars (30) days of the expiration or termination of this Agreement, and upon abandonment, such property shall be the property of Meridian. ACEMS shall not make any changes or alterations to the Premises and/or the passageways, pedestrian walkways, sidewalks and parking at Station Eight which would have the effect of making the improvements in and near the building cease to be in compliance with the AMERICANS WITH DISABILITIES ACT OF 1990, Public Law No. 101-336, 42 USC 12101 et. seq. as it may be amended from time to time (the "ADA"$100,000.00). ACEMS shall not enter into any change of use of the Premises, whether approved by Meridian or not, if such change in use would result in increased liability of Meridian under the ADA, or any shifting of liability between ACEMS and Meridian as a result of any such change of use.

Appears in 1 contract

Samples: Lease (Arhaus, Inc.)

Alterations or Improvements. ACEMS During the Term, Tenant shall not makehave the right to make such alterations, or permit to be made, any alterations additions or improvements to the Premises (including“Improvements”) as deemed necessary or desirable by Tenant, provided that such Improvements are constructed in accordance with the terms and conditions of this subsection (d); provided, however, Tenant shall not make any Improvements of a structural nature without limitation, telecommunications, data transmission obtaining Landlord’s prior written consent. At the time Tenant desires to make any Improvements with a cost in excess of Ten Thousand and other wiringno/100 Dollars ($10,000.00), unless ACEMS obtains Tenant shall submit (i) a general plan or layout to Landlord for Landlord’s review; (ii) an indication of any Structural Improvements which require Landlord’s consent; and (iii) an express written notice that Landlord must notify Tenant within twenty (20) days if Landlord will require Tenant to remove such Improvements prior to the Expiration Date. Within fifteen (15) days following receipt of such plan and notice, Landlord shall notify Tenant in writing if Landlord objects to any such Improvements, in which case Tenant may not proceed, and/or if Landlord will require Tenant to remove such Improvements prior written consent to the Expiration Date (“Removal Notice”). Tenant shall not have the right to make any Improvements to or on the common areas of Meridianthe Project. Any and all alterations or improvements All Improvements shall be made in accordance compliance with all applicable laws and building codes, in a good and workmanlike manner and in quality equal to or better than the original construction of the Premises and shall comply with such requirements as Meridian considers necessary or desirable, as set forth in writingPremises. ACEMS Tenant shall promptly pay all costs attributable to such alterations and improvements Improvements and shall indemnify Meridian indemnify, defend and hold harmless Landlord from and against any mechanics’ mechanic’s liens or other liens or claims filed or asserted as a result thereof and against any costs or expenses which may be incurred as a result of building code violations, violations attributable to such work. ACEMS Tenant shall promptly repair any damage to the Premises or the Project caused by during the construction of such Improvements. Landlord shall give proper notice to Tenant of any possible claim with respect to which Tenant’s obligation to indemnify, defend and hold harmless Landlord may apply and Tenant shall have the right to defend any such alterations or improvementsclaim with counsel of Tenant’s choosing reasonably acceptable to Landlord. Any alterations or improvements All Improvements made by Tenant to the Premises, except movable furniture and equipment and trade fixtures, Premises during the Term shall become a part of the realty and remain the property of Meridian, Tenant and shall not be removed by ACEMS, unless Meridian requires that they be removed by ACEMS, in which case, ACEMS Tenant shall be required entitled to restore all depreciation and amortization of costs in connection therewith. All property taxes attributable to such Improvements will be paid by Tenant and not included in Building Expenses. Prior to surrender of the Premises to their condition Landlord, Tenant shall remove any Improvements identified by Landlord for removal in the Removal Notice and, at Landlord’s request provided at least fifteen (15) days prior to the Expiration Date or earlier termination of the Lease, such alteration or improvement, normal wear and tear exceptedother Improvements constructed by Tenant during the Term which were not submitted to Landlord for its prior review. ACEMS Any damage caused by such removal shall be deemed repaired at Tenant’s cost and expense. Notwithstanding the preceding to the contrary, Tenant shall have abandoned any improvements, furnishings and equipment that it is entitled no obligation to remove but any Improvements that existed on the Commencement Date, or any Improvements that Tenant installed during the Term and which it Landlord did not identify for removal following Landlord’s review of the general plans. In the event Tenant so fails to remove within thirty (30) days of the expiration or termination of this Agreementany Improvements that Tenant is obligated to remove, Landlord may have same removed and upon abandonment, such property shall be the property of Meridian. ACEMS shall not make any changes or alterations to the Premises and/or the passageways, pedestrian walkways, sidewalks and parking so repaired at Station Eight which would have the effect of making the improvements in and near the building cease to be in compliance with the AMERICANS WITH DISABILITIES ACT OF 1990, Public Law No. 101-336, 42 USC 12101 et. seq. as it may be amended from time to time (the "ADA"). ACEMS shall not enter into any change of use of the Premises, whether approved by Meridian or not, if such change in use would result in increased liability of Meridian under the ADA, or any shifting of liability between ACEMS and Meridian as a result of any such change of useTenant’s expense.

Appears in 1 contract

Samples: Development Building and Conference Center Lease Agreement (Cray Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.