Common use of Additions and Alterations Clause in Contracts

Additions and Alterations. 9.1 No structural changes or non-structural changes in excess of $50,000, alterations, improvements or additions shall be made to the Premises or Building or any part thereof by Tenant without first obtaining the written consent of Landlord which may be given or withheld in Landlord’s sole discretion and judgment, and, if given may be given subject to such terms and conditions as Landlord may deem necessary or desirable, in Landlord’s sole discretion and judgment. Tenant hereby agrees that any alterations, improvements, or additions to the Premises or Building shall be undertaken only by a general contractor approved by Landlord in writing. All changes, alterations, additions and improvements made or placed in or upon the Premises, and which by operation of law would become a part of the real estate, shall immediately upon being made or placed thereon become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof, at the termination by lapse of time or otherwise, of the Term of this Lease. Any such changes, alterations, improvements, or additions shall be done in strict conformity with the “Building Standard Criteria” attached as Exhibit D. At Landlord’s request, at or prior to termination of the Term, Tenant shall promptly remove all or any part of any such changes, alterations, improvements or additions made by Tenant to the Premises, promptly repair any damages resulting from such removal and restore the Premises to their original condition as of the Commencement Date. Landlord acknowledges that Tenant shall not be obligated to remove any Alterations, fixtures or equipment which are affixed to the Demised Premises and were in place on the Commencement Date.

Appears in 1 contract

Samples: Lease Agreement (Artisoft Inc)

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Additions and Alterations. 9.1 No A. Tenant shall not, without the prior written consent of Landlord, make any alterations, improvements (except normal decorating) or additions to the Premises. Landlord’s consent shall not be unreasonably withheld so long as such alterations, improvements and additions are consistent with the permitted uses of the Premises set forth in Paragraph 5.B. hereof and do not adversely affect the mechanical, electrical or structural changes components or noncommon systems of the Building. If Landlord consents to said alterations, improvements or additions, Landlord may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with insurance against liabilities which may arise out of such work, plans and specifications plus permits necessary for such work and “as-structural changes in excess built” drawings or an accurately marked record set of $50,000drawings showing the actual location of said alterations, improvements and additions. The work necessary to make any alterations, improvements or additions shall be made to the Premises or Building or any part thereof by Tenant without first obtaining the written consent of Landlord which may be given or withheld in Landlord’s sole discretion and judgment, and, if given may be given subject to such terms and conditions as Landlord may deem necessary or desirable, in Landlord’s sole discretion and judgment. Tenant hereby agrees that any alterations, improvements, or additions to the Premises or Building shall be undertaken only by a general contractor approved by Landlord in writing. All changes, alterations, additions and improvements made or placed in or upon the Premises, and which by operation of law would become a part of whether prior to or subsequent to the real estateCommencement Date, shall immediately upon being made be done at Tenant’s expense by contractors which are reasonably acceptable to Landlord. Tenant shall promptly pay when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall pay to Landlord all reasonable actual costs incurred by Landlord by reason of Landlord’s involvement with such work, including without limitation, costs and expenses incurred by Landlord to have such work inspected. All work done pursuant to Paragraph 8 or placed thereon become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof, at the termination by lapse of time or otherwise, of the Term of this Lease. Any such changes, alterations, improvements, or additions 9 shall be done in strict conformity a first-class workmanlike manner using only good grades of materials and shall comply with the “Building Standard Criteria” attached as Exhibit D. At Landlord’s request, at all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or prior to termination of the Term, Tenant shall promptly remove all or any part of any such changes, alterations, improvements or additions made by Tenant to the Premises, promptly repair any damages resulting from such removal and restore the Premises to their original condition as of the Commencement Date. Landlord acknowledges that Tenant shall not be obligated to remove any Alterations, fixtures or equipment which are affixed to the Demised Premises and were in place on the Commencement Dateagencies.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

Additions and Alterations. 9.1 No structural changes or non-structural changes in excess Tenant shall not, without the prior written consent of $50,000Landlord, which consent shall not be unreasonably withheld, make any alterations, improvements or additions shall be made to the Premises Premises. If Landlord consents to said alterations, improvements or Building or any part thereof by additions, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant without first obtaining to furnish Landlord with security for the written consent payment of Landlord all costs to be incurred in connection with such work, insurance against liabilities which may be given or withheld in Landlord’s sole discretion arise out of such work, and judgment, and, if given may be given subject plans and specifications plus permits necessary for such work. The work necessary to such terms and conditions as Landlord may deem necessary or desirable, in Landlord’s sole discretion and judgment. Tenant hereby agrees that make any alterations, improvements, improvements or additions to the Premises or Building shall be undertaken only done at Tenant's expense by a general contractor approved employees of or contractors hired by Landlord in writingexcept to the extent Landlord gives its prior written consent to Tenant's hiring contractors which consent shall not be unreasonably withheld. Tenant shall promptly pay to Landlord or to Tenant's contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Upon completion of such work Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall defend and hold Landlord and the Land and Building harmless from all costs, damages, liens and expenses related to such work. All changes, work done by Tenant or its contractors shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All alterations, improvements and additions and improvements made or placed in or upon to the Premises, and which whether temporary or permanent in character, made or paid for by operation of law would become a part of the real estateLandlord or Tenant, shall immediately upon being made or placed thereon without compensation to Tenant become the Landlord's property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof, at the termination of this Lease by lapse of time or otherwiseotherwise and shall, of the Term of this Lease. Any such changes, alterations, improvements, or additions shall be done unless Landlord requests their removal (in strict conformity with the “Building Standard Criteria” attached as Exhibit D. At Landlord’s request, at or prior to termination of the Term, which case Tenant shall promptly remove all or any part of any such changesthe same as provided in Section 18), alterationsbe relinquished to Landlord in good condition, improvements or additions made by Tenant to the Premises, promptly repair any damages resulting from such removal and restore the Premises to their original condition as of the Commencement Date. Landlord acknowledges that Tenant shall not be obligated to remove any Alterations, fixtures or equipment which are affixed to the Demised Premises and were in place on the Commencement Dateordinary wear excepted.

Appears in 1 contract

Samples: Lease (United Financial Mortgage Corp)

Additions and Alterations. 9.1 No structural changes or non-structural changes in excess Tenant shall not, without the prior written consent of $50,000Landlord, make any material alterations, improvements or additions shall be made to the Premises Premises. Said consent shall not be unreasonably withheld if such alterations, improvements or Building additions do not adversely affect the Building's structure or any part thereof by detract from the Building's appearance from outside of the Premises. If Landlord consents to said alterations, improvements or additions, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant without first obtaining to furnish Landlord with security for the written consent payment of Landlord all costs to be incurred in connection with such work, insurance against liabilities which may be given or withheld in Landlord’s sole discretion arise out of such work, and judgment, and, if given may be given subject plans and specifications plus permits necessary for such work. The work necessary to such terms and conditions as Landlord may deem necessary or desirable, in Landlord’s sole discretion and judgment. Tenant hereby agrees that make any alterations, improvements, improvements or additions to the Premises or Building shall be undertaken only done at Tenant's expense by a general contractor approved employees of or contractors hired by Landlord, at competitive prices, except to the extent Landlord in writinggives its prior written consent to Tenant's hiring contractors. Tenant shall promptly pay to Landlord or to Tenant's contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Upon completion, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall defend and hold Landlord and the Premises and Building harmless from all costs, damages, Liens and expenses related to such work. All changes, work done by Tenant or its contractors pursuant to Paragraphs 8 or 9 shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All alterations, improvements and additions and improvements made or placed in or upon to the Premises, and which whether temporary or permanent in character, made or paid for by operation of law would become a part of the real estateLandlord or Tenant, shall immediately upon being made or placed thereon without compensation to Tenant become the Landlord's property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof, at the termination of this Lease by lapse of time or otherwiseotherwise and shall, of the Term of this Lease. Any such changes, alterations, improvements, or additions shall be done unless Landlord had requested their removal when Landlord consented to their installation (in strict conformity with the “Building Standard Criteria” attached as Exhibit D. At Landlord’s request, at or prior to termination of the Term, which case Tenant shall promptly remove all or any part of any such changesthe same as provided in Paragraph 19) be relinquished to Landlord in good condition, alterations, improvements or additions made by Tenant to the Premises, promptly repair any damages resulting from such removal ordinary wear and restore the Premises to their original condition as of the Commencement Date. Landlord acknowledges that Tenant shall not be obligated to remove any Alterations, fixtures or equipment which are affixed to the Demised Premises and were in place on the Commencement Datetear excepted.

Appears in 1 contract

Samples: Lease Agreement (Hampshire Group LTD)

Additions and Alterations. 9.1 No A. Tenant shall not, without the prior written consent of Landlord, which consent shall not unreasonably be withheld or delayed (so long as the structural changes parts of the Building or non-structural changes in excess of $50,000Building systems are not involved), make any alterations, improvements or additions to the Premises. Xxxxxxxx's refusal to give said consent shall be made conclusive. If Landlord consents to said alterations, improvements or additions, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the Premises or Building or any part thereof by Tenant without first obtaining the written consent payment of Landlord all costs to be incurred in connection with such work, insurance against liabilities which may be given arise out of such work, plans and specifications plus permits necessary for such work and "as-built" drawings or withheld in Landlord’s sole discretion an accurately marked record set of drawings showing the actual location of said alterations, improvements and judgment, and, if given may be given subject additions. The work necessary to such terms and conditions as Landlord may deem necessary or desirable, in Landlord’s sole discretion and judgment. Tenant hereby agrees that make any alterations, improvements, improvements or additions to the Premises or Building subsequent to the Commencement Date shall be undertaken only done at Tenant's expense by employees of, or contractors hired by, Landlord except to the extent Landlord gives its prior written consent to Xxxxxx's hiring its own contractors (which consent shall not be unreasonably withheld, except that Landlord may withhold consent in cases involving changes to, modifications of or impact upon Building Systems such as plumbing, HVAC and electrical). Tenant shall promptly pay to Landlord or the Tenant's contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord a percentage (not to exceed 10%) of the cost of such work (such percentage to be established on a uniform basis for the Building) sufficient to reimburse Landlord for all overhead, general contractor approved by conditions, fees and other costs and expenses arising from Landlord's involvement with such work forthwith upon being billed for the same. Upon completion of such work Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials all in form satisfactory to Landlord. Tenant shall defend and hold Landlord in writingand the Land and Building harmless from all costs, damages, liens and expenses related to such work. All changes, alterations, additions and improvements made work done by Tenant or placed in its contractors pursuant to Section 7 or upon the Premises, and which by operation of law would become a part of the real estate, shall immediately upon being made or placed thereon become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof, at the termination by lapse of time or otherwise, of the Term of this Lease. Any such changes, alterations, improvements, or additions 8 shall be done in strict conformity a first-class workmanlike manner using only good grades of materials and shall comply with the “Building Standard Criteria” attached as Exhibit D. At Landlord’s request, at all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or prior to termination of the Term, Tenant shall promptly remove all or any part of any such changes, alterations, improvements or additions made by Tenant to the Premises, promptly repair any damages resulting from such removal and restore the Premises to their original condition as of the Commencement Date. Landlord acknowledges that Tenant shall not be obligated to remove any Alterations, fixtures or equipment which are affixed to the Demised Premises and were in place on the Commencement Dateagencies.

Appears in 1 contract

Samples: Lease (Tenfold Corp /Ut)

Additions and Alterations. 9.1 No structural changes or non-structural changes in excess A. Landlord’s Consent. Tenant shall not, without the prior written consent of $50,000Landlord, make any alterations, improvements or additions to the Premises. Landlord’s refusal to give said consent shall be made conclusive, but shall not be unreasonably withheld, conditioned, or delayed. If Landlord consents to said alterations, improvements or additions, it may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including without limitation, requiring Tenant to furnish Landlord with security for the Premises or Building or any part thereof by Tenant without first obtaining the written consent payment of Landlord all costs to be incurred in connection with such work, insurance against liabilities which may be given or withheld in Landlord’s sole discretion arise out of such work, and judgment, and, if given may be given subject plans and specifications plus permits necessary for such work. The work necessary to such terms and conditions as Landlord may deem necessary or desirable, in Landlord’s sole discretion and judgment. Tenant hereby agrees that make any alterations, improvements, improvements or additions to the Premises or Building shall be undertaken only done at Tenant’s expense by employees of, or contractors hired by, Landlord except to the extent Landlord gives its prior written consent to Tenant’s hiring contractors. Tenant shall promptly pay to Landlord or to Tenant’s contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. If such work is performed by Landlord, Tenant shall also pay td Landlord a general contractor approved by management fee equal to [*] of the cost of such work. Upon completion of such work, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractor’s affidavits and full and final waivers of all liens for labor, services or materials. If Tenant performs such work, Tenant shall defend and hold Landlord in writingand the Land and Building harmless from all costs, damages, liens and expenses related to such work. All changes, alterations, additions work done by Tenant or its contractors pursuant to Sections 8 and improvements made or placed in or upon the Premises, and which by operation of law would become a part of the real estate, shall immediately upon being made or placed thereon become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof, at the termination by lapse of time or otherwise, of the Term of this Lease. Any such changes, alterations, improvements, or additions 9 shall be done in strict conformity a first-class workmanlike manner, using only good grades of materials and shall comply with the “Building Standard Criteria” attached as Exhibit D. At Landlord’s request, at all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or prior to termination of the Term, Tenant shall promptly remove all or any part of any such changes, alterations, improvements or additions made by Tenant to the Premises, promptly repair any damages resulting from such removal and restore the Premises to their original condition as of the Commencement Date. Landlord acknowledges that Tenant shall not be obligated to remove any Alterations, fixtures or equipment which are affixed to the Demised Premises and were in place on the Commencement Dateagencies.

Appears in 1 contract

Samples: Agreement of Lease (Acell Inc)

Additions and Alterations. 9.1 No structural changes Tenant shall not, without the prior written consent of Landlord, which consent shall not be unreasonably withheld or non-structural changes in excess of $50,000delayed, make any alterations, improvements or additions shall be made to the Premises or Building or any part thereof by Tenant without first obtaining the written consent of Landlord which may be given or withheld in Landlord’s sole discretion and judgment, and, if given may be given subject to such terms and conditions as Landlord may deem necessary or desirable, in Landlord’s sole discretion and judgment. Tenant hereby agrees that any alterations, improvements, or additions to the Premises or Building shall be undertaken only by a general contractor approved by Landlord in writing. All changes, alterations, additions and improvements made or placed in or upon the Premises, and which by operation of law would become a part of the real estate, shall immediately upon being made or placed thereon become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof, at the termination by lapse of time or otherwise, of the Term of this Lease. Any such changes, alterations, improvements, or additions shall be done in strict conformity with the “Building Standard Criteria” attached as Exhibit D. At Landlord’s request, at or prior to termination of the Term, Tenant shall promptly remove all or any part of any such changes, alterations, improvements or additions made by Tenant to the Premises; PROVIDED THAT, promptly repair any damages resulting from such removal and restore the Premises to their original condition as of the Commencement Date. Landlord acknowledges that Tenant shall not be obligated to remove obtain the consent of Landlord if the cost of any Alterationsimprovement, fixtures alteration or equipment which are affixed addition does not exceed $100,000, does not involve any modification to the Demised Premises structure of the Building or any Systems and were Equipment serving any other Premises, and is not visible from the exterior of the Premises. If Landlord is required to and does consent to said alterations, improvements or additions, it may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in place on connection with such work, a lien waiver from Tenant's general contractor, insurance against liabilities which may arise out of such work and plans, specifications and permits necessary for such work. In no event shall such work incorporate any asbestos material. The work necessary to make any alterations, improvements or additions to the Premises, whether prior to or subsequent to the Commencement Date, shall be done at Tenant's expense by contractors approved by Landlord, such approval not to be unreasonably withheld or delayed (it being acknowledged that the process for approval of Tenant's contractors with respect to the work being performed by Tenant prior to the Commencement Date is set forth in Exhibit B). Tenant shall promptly pay, when due, the cost of all such work and of all repairs to the Building required by reason thereof. If such work has a cost of $100,000 or more, Tenant shall also pay to Landlord a percentage of the cost of such work, not to exceed 2% or $50,000 whichever is less if Tenant is performing the work (such percentage to be established on a uniform basis for the Office Section), sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord's involvement with such work; provided that, Tenant shall not be liable for any fee incurred in connection with the work performed prior to the Commencement Date. Upon completion of such work Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall defend and hold Landlord harmless from all costs, damages, liens and expenses related to such work. All work done by Tenant or its contractors pursuant to Paragraphs 8 or 9 shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies.

Appears in 1 contract

Samples: Agreement of Lease (Standard Parking Corp)

Additions and Alterations. 9.1 No structural changes A. Tenant shall not, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or non-structural changes in excess of $50,000delayed, make any alterations, improvements or additions shall be made to the Premises Premises; provided, however, that Landlord’s consent shall not be required with respect to alterations, improvements or additions which (i) cost less than $50,000, (ii) do not involve any structural work in the Building and are not visible from the exterior of the Premises, (iii) do not involve any alterations to basic Building systems or any part thereof by Tenant affect the operation thereof, and (iv) do not require entry into another tenant’s premises. If Landlord consents to said alterations, improvements or additions, it may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without first obtaining the written consent of Landlord limitation, insurance against liabilities which may be given or withheld in Landlord’s sole discretion arise out of such work, and judgment, and, if given may be given subject plans and specifications plus permits necessary for such work. The work necessary to such terms and conditions as Landlord may deem necessary or desirable, in Landlord’s sole discretion and judgment. Tenant hereby agrees that make any alterations, improvements, improvements or additions to the Premises or Building shall be undertaken only done at Tenant’s expense by a employees of or contractors hired by Landlord, except to the extent Landlord gives its prior written consent to Tenant’s hiring contractors which consent shall not be unreasonably withheld. Tenant shall promptly pay to Landlord’s or to Tenant’s contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord actual costs of such work including such costs sufficient to reimburse Landlord for overhead, general contractor approved conditions, fees (including legal and other professional fees) and all other costs and expenses arising from Landlord’s involvement with such work, and, if Landlord acts as General Contractor or Subcontractor for all or any portion of the work, in addition to the foregoing, Landlord shall be entitled to 10% of the cost of such work performed by Landlord. Upon completion of such work, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors’ affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall defend and hold Landlord in writingharmless from all costs, damages, liens and expenses related to such work other than work performed by Landlord, if any. All changes, alterations, additions work done by Tenant and improvements made Landlord or placed in its contractors pursuant to Article 8 or upon the Premises, and which by operation of law would become a part of the real estate, shall immediately upon being made or placed thereon become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof, at the termination by lapse of time or otherwise, of the Term of this Lease. Any such changes, alterations, improvements, or additions 9 shall be done in strict conformity a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. If Tenant so requests at the “Building Standard Criteria” attached time Tenant makes any alterations, improvements or additions, Landlord will advise Tenant as Exhibit D. At Landlord’s request, at or prior to termination of the Term, Tenant shall promptly remove all or any part of any whether such changes, alterations, improvements or additions made by Tenant will be required to be removed at the Premises, promptly repair any damages resulting from such removal and restore the Premises to their original condition as termination or expiration of the Commencement Date. Landlord acknowledges that Tenant shall not be obligated to remove any Alterations, fixtures or equipment which are affixed to the Demised Premises and were in place on the Commencement DateLease.

Appears in 1 contract

Samples: Office Lease (Geovera Insurance Holdings, Ltd.)

Additions and Alterations. 9.1 No structural changes Tenant shall not, without the prior written consent of Landlord, which consent shall not be unreasonably withheld or non-structural changes in excess of $50,000delayed, make any alterations, improvements or additions shall be made to the Premises or Building or Premises. Landlord need not give any part thereof by such consent but if Landlord does, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitations, requiring Tenant without first obtaining to furnish Landlord with security for the written consent payment of Landlord all costs to be incurred in connection with such work and insurance against liabilities which may be given or withheld in arise out of such work, as determined by Landlord’s sole discretion and judgment, and, if given may be given subject to such terms and conditions as Landlord may deem necessary or desirable, in Landlord’s sole discretion and judgment. Tenant shall perform all such work in compliance with (i) all laws, ordinances, regulations or requirements of any governmental entity or authority concerning or regulating the handling or removal of ACM; and (ii) any Asbestos Operations and Maintenance Program Manual (O&M Program) then if effect, and hereby covenants and agrees that to comply with the O&M Program, as amended from time to time, to the extent applicable to Tenant or to the Premises. The work necessary to make any alterations, improvements, improvements or additions to the Premises or Building shall be undertaken only done at Tenant's hiring contractors. Tenant shall promptly pay to Landlord or to Tenant's contractors, as the case may be, when due, the cost of all such work and of all decorating required by a general contractor approved by reason thereof, and upon completion deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall indemnify, defend and hold Landlord in writingand the Land and Building harmless from all costs, damages, liens, liabilities, and expenses related to its Additions and Alterations including without limitation, liabilities arising from Tenant's failure to comply with the O&M Program and any authority concerning ACM handling and removal, including attorney's fees. All changeswork done by Tenant or its contractors pursuant to this Paragraph 8 or pursuant to Paragraph 7 hereof shall be done in first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All required permits shall be obtained by Tenant at Tenant's expense. If Tenant desires signal communications, alarm or other utility or service connection installed or changed, the same shall be made at the expense of Tenant, with prior written consent and under direction of Landlord and subject to the terms and conditions of the first paragraph of this Paragraph 8 hereof or of Paragraph 8A below. All alterations, improvements, additions and improvements made wiring or placed in or upon cabling to the Premises, and which whether temporary or permanent in character, made or paid for by operation of law would become a part of the real estateLandlord or Tenant, shall immediately upon being made or placed thereon without compensation to Tenant become the Landlord's property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof, at the termination of this Lease by lapse of time or otherwiseotherwise and shall, unless Landlord requests their removal (in which case Tenant shall remove the same as provided in Paragraph 16), be relinquished to Landlord in good condition, ordinary wear excepted. Tenant shall not affix or install any wall treatments or wall coverings, of the Term of this Lease. Any such changesany type or nature (other than paint), alterations, improvements, or additions shall be done in strict conformity with the “Building Standard Criteria” attached as Exhibit D. At Landlord’s request, at or prior to termination of the Term, Tenant shall promptly remove all or any part of any such changes, alterations, improvements or additions made by Tenant to within the Premises, promptly repair any damages resulting from such removal and restore the Premises to their original condition as of the Commencement Date. Landlord acknowledges that Tenant shall not be obligated to remove any Alterations, fixtures or equipment which are affixed to the Demised Premises and were in place on the Commencement Datewithout Landlord's prior written consent.

Appears in 1 contract

Samples: Asset Acceptance Capital Corp

Additions and Alterations. 9.1 No structural changes (a) Except with respect to (i) the Work described in the Tenant Work Letter and (ii) minor painting, the moving of furniture or non-structural changes in excess the hanging of $50,000wall coverings or artwork, alterationsTenant shall not, improvements or additions shall be made to without the Premises or Building or any part thereof by Tenant without first obtaining the prior written consent of Landlord which may be given or withheld in Landlord’s sole discretion and judgment, and, if given may be given subject to such terms and conditions as Landlord may deem necessary or desirable, in Landlord’s sole discretion and judgment. Tenant hereby agrees that make any alterations, improvements, installations or additions to the Premises, which shall include, without limitation, installing telephone, computer or internal sound or paging systems or other similar systems or performing any other similar work in the Premises. Landlord's consent shall not be unreasonably withheld so long as such alterations, improvements, installations and additions are consistent with the permitted uses of the Premises set forth in the Schedule hereof and do not adversely affect the mechanical, electrical, plumbing, HVAC or Building structural components or common systems of the Building. If Landlord consents to any alterations, improvements, installations or additions, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, plans and specifications plus permits necessary for such work and, following completion, "as-built" drawings showing the actual location of the alterations, improvements, installations and additions. The work necessary to make any alterations, improvements, installations or additions to the Premises, whether prior to or subsequent to the Commencement Date shall be undertaken only done at Tenant's expense by a general contractor contractors reasonably approved by Landlord in writinga good and workmanlike manner. All changes, alterations, additions and improvements made or placed Materials furnished shall be of a like quality to those in or upon the Premises, and which by operation of law would become a part of the real estate, shall immediately upon being made or placed thereon become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof, at the termination by lapse of time or otherwise, of the Term of this LeaseBuilding. Any such changes, alterations, Tenant agrees that all improvements, installations, alterations or additions shall be done performed so as not to cause or create any jurisdictional or other labor disputes, and in strict conformity with the “Building Standard Criteria” attached as Exhibit D. At Landlord’s request, at or prior to termination of the Termevent such disputes occur, Tenant shall immediately do whatever is necessary to resolve such disputes, at no expense to Landlord. Tenant shall promptly remove pay to Landlord or the Tenant's contractors, as the case may be, when due, the cost of all or any part such work plus (x) all of Landlord's costs associated therewith (including, without limitation, all sums expended by Landlord for examination and approval of the architectural and mechanical plans and specifications) and (y) a coordination fee equal to five percent (5%) of the actual total cost of any such changesimprovement, alterationsinstallation, improvements alteration or additions made by Tenant to the Premises, promptly repair any damages resulting from such removal and restore the Premises to their original condition as of the Commencement Dateaddition. Landlord acknowledges that Tenant shall not be obligated to remove any Alterations, fixtures or equipment which are affixed to the Demised Premises pay such costs and were in place on the Commencement Datefee within twenty (20) days after being billed therefor.

Appears in 1 contract

Samples: Talk America Holdings Inc

Additions and Alterations. 9.1 No So long as no Event of Default or Event of Facility Termination shall have occurred and be continuing beyond any applicable grace or curative period, Lessee may, at its expense, make additions to and alterations to any Facility following the completion of the initial construction of such Facility; PROVIDED that upon completion of such additions or alterations (i) in Lessee's reasonable judgment, neither the fair market value of the Facility shall be materially lessened thereby nor the condition of such Facility materially impaired, below the value, utility or condition thereof immediately prior to such action (assuming such Facility was then of a condition and repair required to be maintained pursuant to SECTION 8.2), (ii) such additions or alternations shall not result in a change of use of such Facility to a use that is not permitted in this Lease, (iii) such work shall be completed in a good and workmanlike manner and in compliance with all applicable Insurance Requirements and upon completion of the work the Facility shall comply in all respects with the requirements of this Facilities Lease and any Ground Lease and (iv) no exterior walls of any building or other improvement constituting a part of a Facility shall be demolished unless Lessee has made adequate provision according to nationally recognized sound and prudent engineering and architectural standards to preserve and maintain the structural changes or non-structural changes integrity of the Facility and for the restoration of such Facility to a structurally sound architectural whole; PROVIDED, that Lessee shall notify Brazos of such costs that are in excess of $50,000, alterations, improvements 500,000 for a Facility and shall not make such additions or alterations that cost more than $500,000 for each Facility and that such additions or alterations shall not result in any Lien (except Permitted Encumbrances) upon such Facility. Any and all such additions and alterations shall be made to the Premises or Building or any part thereof by Tenant without first obtaining the written consent of Landlord which may be given or withheld in Landlord’s sole discretion and judgment, and, if given may be given subject to such terms and conditions as Landlord may deem necessary or desirable, in Landlord’s sole discretion and judgment. Tenant hereby agrees that any alterations, improvements, or additions to the Premises or Building shall be undertaken only by a general contractor approved by Landlord in writing. All changes, alterations, additions and improvements made or placed in or upon the Premises, and which by operation of law would become a remain part of the real estate, shall immediately upon being made or placed thereon become the property of Landlord Facility and shall remain upon and be surrendered with the Premises as a part thereof, at the termination by lapse of time or otherwise, of the Term of subject to this Facilities Lease. Any such changes, alterations, improvements, or additions shall be done in strict conformity with the “Building Standard Criteria” attached as Exhibit D. At Landlord’s request, at or prior to termination of the Term, Tenant shall promptly remove all or any part of any such changes, alterations, improvements or additions made by Tenant to the Premises, promptly repair any damages resulting from such removal and restore the Premises to their original condition as of the Commencement Date. Landlord acknowledges that Tenant shall not be obligated to remove any Alterations, fixtures or equipment which are affixed to the Demised Premises and were in place on the Commencement Date.

Appears in 1 contract

Samples: Facilities Lease Agreement (Randalls Food Markets Inc)

Additions and Alterations. 9.1 No structural changes or non-structural changes in excess A. Tenant shall not, without the prior written consent of $50,000Landlord, make any alterations, improvements or additions shall be made to the Premises exceeding Two Thousand Five Hundred and 00/100 Dollars ($2,500) in value. Landlord's refusal to give said consent shall be conclusive. If Landlord consents to said alterations, improvements or Building or any part thereof by additions, it may impose such reasonable conditions with respect thereto as Landlord deems reasonably appropriate, including, without limitation, requiring Tenant without first obtaining to furnish Landlord with security for the written consent payment of Landlord all costs to be incurred in connection with such work, insurance against liabilities which may be given or withheld in Landlord’s sole discretion and judgment, and, if given may be given subject to arise out of such terms and conditions as Landlord may deem necessary or desirable, in Landlord’s sole discretion and judgment. Tenant hereby agrees that any alterations, improvements, or additions to the Premises or Building shall be undertaken only by a general contractor approved by Landlord in writing. All changes, alterations, additions and improvements made or placed in or upon the Premiseswork, and which plans and specifications plus permits necessary for such work, requiring Tenant to perform such work at times designated by operation of law would become a part of the real estate, shall immediately upon being made or placed thereon become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof, at the termination by lapse of time or otherwise, of the Term of this LeaseLandlord. Any such changes, alterations, improvements, or additions shall be done in strict conformity with the “Building Standard Criteria” attached as Exhibit D. At Landlord’s request, at or prior The work necessary to termination of the Term, Tenant shall promptly remove all or make any part of any such changes, alterations, improvements or additions made by Tenant to the Premises, promptly repair any damages resulting from such removal and restore the Premises whether prior to their original condition as of or subsequent to the Commencement Date, shall be done at Tenant's expense to the extent it exceeds the Construction Allowance (as defined in Paragraph 39 herein) by employees of or contractors hired by Landlord except to the extent Landlord gives its prior written consent to Tenant's hiring its own contractors, such consent not to be unreasonably withheld. Landlord acknowledges It is understood that Landlord's consent to the hiring by Tenant of Tenant's own contractors may be withheld if Landlord's permitting such hiring might reasonably be expected to adversely affect other construction in the Building or might reasonably be expected to result in an interruption of services provided to tenants of the Building. Tenant shall not promptly pay to Landlord or Tenant's contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord a percentage of the cost of such work (such percentage to be established on a uniform basis for the Office Section) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs and expenses actually incurred by Landlord and arising from Landlord's involvement with such work. In connection with seeking Landlord's approval, Tenant shall provide to Landlord plans and specifications regarding proposed alterations, additions or improvements, as Landlord shall reasonably require, and Tenant shall, in addition to all other expenses which Tenant is obligated to pay to Landlord hereunder, pay to Landlord the expense reasonably incurred by Landlord in connection with the review of such information. Upon completion of such work Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials, all in form satisfactory to Landlord. Tenant shall defend and hold Landlord, Landlord's lessor, any mortgagee, the MTA (hereinafter defined), the Property and the Building harmless from all costs, damages, liens and expenses related to such work except for the gross negligence or willful misconduct of Landlord's contractors or employees. All work done by Tenant or its contractors pursuant to Paragraphs 9 or 10 shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. Notwithstanding anything contained herein to the contrary, Landlord shall be obligated to remove any Alterations, fixtures or equipment which are affixed to provide the Demised Premises and were Construction Allowance as specified in place on the Commencement DateParagraph 39 herein.

Appears in 1 contract

Samples: Office Lease (Oxigene Inc)

Additions and Alterations. 9.1 No structural changes A. Except for the Landlord's Work to be constructed in accordance with Exhibit B attached hereto, Tenant shall not make any alterations, improvements or non-structural changes in excess additions to the Leased Premises without the prior written consent of $50,000Landlord, which consent as to nonstructural, nonmechanical or nonelectrical alterations, improvements or additions shall not be made unreasonably withheld, conditioned or delayed. Notwithstanding the preceding sentence, Landlord's consent shall not be required for nonstructural, nonmechanical and nonelectrical alterations, improvements or additions, the total, aggregate cost of which is less than $2,500. If Landlord consents to said alterations, improvements or additions, it may impose such conditions with respect thereto as Landlord deems appropriate, in its reasonable discretion, including, without limitation, requiring Tenant to furnish Landlord with security for the Premises or Building or any part thereof by Tenant without first obtaining performance of the written consent work and payment of Landlord all costs to be incurred in connection with such work; insurance against liabilities which may be given or withheld in Landlord’s sole discretion arise out of such work; plans and judgment, and, if given may be given subject to such terms and conditions as Landlord may deem necessary or desirable, in Landlord’s sole discretion and judgment. Tenant hereby agrees that any alterations, improvements, or additions to the Premises or Building shall be undertaken only by a general contractor approved by Landlord in writing. All changes, alterations, additions and improvements made or placed in or upon the Premisesspecifications, and which by operation of law would become a part of the real estate, shall immediately upon being made or placed thereon become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof, at the termination by lapse of time or otherwise, of the Term of this Leaseall permits necessary for such work. Any such changes, alterations, improvements, or additions shall be done in strict conformity with the “Building Standard Criteria” attached as Exhibit D. At Landlord’s request, at or prior The work necessary to termination of the Term, Tenant shall promptly remove all or make any part of any such changes, alterations, improvements or additions to the Leased Premises other than the Landlord's Work, whether prior to or subsequent to the Commencement Date, shall be done at Tenant's expense and shall be performed by employees of Landlord or contractors hired by Landlord except to the extent Landlord gives its prior written consent to Tenant's hiring its own contractors. Landlord may condition its consent to Tenant hiring its own contractors, on Tenant delivering to Landlord, prior to commencement of such work, copies of all contracts entered into with respect thereto and all other documents and information reasonably requested by Landlord. It is understood and agreed that, in the event Landlord shall give its written consent to the making of any alterations, improvements or additions to the Leased Premises, such written consent shall not be deemed to be an agreement or consent by Landlord to subject its interest in the Property to any mechanics' or materialmen's liens which may be filed in connection therewith. Tenant shall promptly pay to Landlord or Tenant's contractors, as the case may be, when due, the cost of all such work. If Landlord or Landlord's designee performs such work, Tenant shall also pay to Landlord a percentage of the cost of such work [such percentage to be established by Landlord from time to time on a uniform basis for the Building, but such percentage shall not exceed ten percent (10%)] sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs and expenses arising from the supervision of such work by Landlord or Landlord's designee with such work promptly upon being billed for same. Upon completion of any repair, replacement, alteration, improvement or addition performed by Tenant, or its contractors and subcontractors, Tenant shall deliver to Landlord, if payment is made by Tenant directly to its contractors, evidence of payment and contractors' and subcontractors' affidavits and full and final waivers of all liens for labor, services or materials, all in form and substance satisfactory to Landlord, from each contractor, subcontractor, supplier and other person or entity that may be entitled to a lien due to such repair, replacement, alteration, improvement or addition. To the Premisesextent Landlord or a contractor engaged by Landlord does not perform the work, promptly repair Tenant shall indemnify, defend and hold Landlord and the Property harmless from, and shall pay, all liabilities, claims, judgments, costs, damages, liens and expenses related to any damages resulting from such removal repair, replacement, alteration, addition or improvement performed by Tenant, or its contractors and restore the Premises subcontractors, including all reasonable attorneys' fees and legal costs, and Tenant shall require each of its contractors in each of its contracts to their original condition as of the Commencement Date. Landlord acknowledges that so defend and indemnify Landlord; provided, however, Tenant shall not be indemnify, defend and hold Landlord harmless from the reasonable cost of any repairs and/or replacements which Landlord is obligated to remove any Alterationsmake under Paragraph 8 hereof. All work done by Tenant or its contractors pursuant to Paragraphs 8 or 9 hereof shall be done in a first-class workmanlike manner using only the highest grades of materials, fixtures or equipment which are affixed shall be at least comparable in quality to Building Standard materials at the Demised Premises time of such work, and were shall comply with all insurance requirements and all applicable laws, ordinances, rules, regulations and orders of all courts and other tribunals, governmental and quasi-governmental departments and agencies. Any work undertaken by Tenant shall be performed by labor which is not incompatible with the labor employed in place on the Commencement DateBuilding by Landlord.

Appears in 1 contract

Samples: Office Lease (Hagler Bailly Inc)

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Additions and Alterations. 9.1 No structural changes or non-structural changes in excess A. Tenant shall not, without the prior written consent of $50,000Landlord, make any alterations, improvements or additions shall be made to the Premises or Building or any part thereof by Tenant without first obtaining subsequent to initial construction, the written consent of Landlord approval conditions for which may be given or withheld are set forth in the Work Letter; provided, however, Landlord’s sole discretion and judgment, and, if given may consent shall not be given subject required with respect to such terms and conditions as Landlord may deem necessary or desirable, in Landlord’s sole discretion and judgment. Tenant hereby agrees that any alterations, improvements, or additions to the Premises or Building shall be undertaken only by a general contractor approved by Landlord in writing. All changes, alterations, additions and improvements made or placed in or upon the Premises, and which by operation of law would become a part of the real estate, shall immediately upon being made or placed thereon become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof, at the termination by lapse of time or otherwise, of the Term of this Lease. Any such changes, alterations, improvements, or additions shall be done in strict conformity with the “Building Standard Criteria” attached as Exhibit D. At Landlord’s request, at or prior to termination of the Term, Tenant shall promptly remove all or any part of any such changes, nonstructural alterations, improvements or additions made below finished ceilings costing less than $12,000 to implement and Landlord shall not unreasonably withhold its consent to other nonstructural alterations which do not materially adversely affect Building Systems. Tenant shall in all events provide at least five (5) business days’ notice to Landlord of any alterations, improvements or additions (with a summary description of the work to be done and a statement, pursuant to Paragraph 9, describing any Hazardous Materials to be brought into the Building in connection with the work) whether or not consent is required. Landlord shall respond to requests for consents (a) within two (2) business days, as to requests for decorative alterations and (b) within five (5) business days, as to requests for other nonstructural alterations. If Landlord consents to said alterations, improvements or additions after initial construction, it may impose such reasonable conditions with respect thereto as Landlord reasonably deems appropriate (but in no event shall Landlord be entitled to ask Tenant to remove at the end of the term any nonstructural alterations that are Customary Office Improvements, as defined below). Tenant shall have the right to tie into the Building security system, at Tenant’s sole cost and expense, its HVAC alarm provided that plans for such tie-in shall be submitted to Landlord for approval and that Landlord, its employees, agents and contractors shall be held harmless against any and all damages, liabilities, claims and expenses which may be incurred by Tenant arising from any failure of the Building security system to provide any notice of failure of the Tenant’s system or any other level of security or alarm which might otherwise be anticipated to be provided by the Landlord’s security system. The work necessary to make any alterations, improvements or additions to the Premises, promptly repair any damages resulting from such removal and restore the Premises whether prior to their original condition as of the or subsequent to an applicable Commencement Date. , shall be done at Tenant’s expense by employees of or contractors hired by Landlord acknowledges that Tenant except to the extent Landlord gives its prior written consent to Tenant’s hiring its own contractors, which consent shall not be unreasonably withheld or delayed. Initial construction of the Premises shall be accomplished by Tenant’s contractor using plans and specifications prepared by Tenant’s architect in accordance with the Work Letter. It is understood that Landlord’s consent to the hiring by Tenant of Tenant’s own contractors for any work subsequent to initial construction (the contractor for which has been approved by Landlord as provided in the Work Letter) may be withheld if Landlord’s permitting such hiring might reasonably be expected to result in an interruption of services provided to tenants of the Building by reason of labor difficulties. Tenant shall promptly pay to Tenant’s contractors, or to Landlord if Landlord has hired the contractor, when due, the actual cost of all such work and of all decorating. In connection with seeking Landlord’s approval hereunder, Tenant shall provide to Landlord plans and specifications regarding proposed alterations, additions or improvements, as Landlord shall reasonably require, and Tenant shall, in addition to all other expenses which Tenant is obligated to remove pay to Landlord hereunder, pay to Landlord the actual reasonable out-of-pocket expense incurred by Landlord in connection with the review of such information. Upon completion of such work Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors’ affidavits and full and final waivers of all liens for labor, services or materials, all in form reasonably satisfactory to Landlord. Tenant shall defend and hold Landlord, Landlord’s lessor, any Alterationsmortgagee of Landlord, fixtures the MTA (hereinafter defined), the Property and the Building harmless from all costs, damages, liens and expenses related to such work. All work done by Tenant or equipment which are affixed its contractors pursuant to the Demised Premises Paragraphs 9 or 10 shall be done in a first-class workmanlike manner using only good grades of materials and were in place on the Commencement Dateshall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies.

Appears in 1 contract

Samples: Office Lease (Investors Financial Services Corp)

Additions and Alterations. 9.1 No structural changes or non-structural changes in excess A. Tenant shall not, without the prior written consent of $50,000Landlord, make any alterations, improvements or additions to the Premises. Landlord's refusal to give said consent shall be made conclusive, except that Landlord's consent shall not be unreasonably withheld or delayed with respect to the Premises or Building or any part thereof by Tenant without first obtaining the written consent of Landlord which may be given or withheld in Landlord’s sole discretion and judgment, and, if given may be given subject to such terms and conditions as Landlord may deem necessary or desirable, in Landlord’s sole discretion and judgment. Tenant hereby agrees that any alterations, improvements, improvements or additions to the Premises that are not visible from the outside of the Premises or Building shall be undertaken only by a general contractor approved by the Building. If Landlord in writing. All changes, consents to said alterations, additions improvement or additions, it may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, plans and improvements made specifications plus permits necessary for such work and "as built" drawings or placed in or upon an accurately marked record set of drawings showing the Premises, and which by operation actual location of law would become a part of the real estate, shall immediately upon being made or placed thereon become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof, at the termination by lapse of time or otherwise, of the Term of this Lease. Any such changes, said alterations, improvements, or additions shall be done in strict conformity with the “Building Standard Criteria” attached as Exhibit D. At Landlord’s request, at or prior improvements and additions. The work necessary to termination of the Term, Tenant shall promptly remove all or make any part of any such changes, alterations, improvements or additions to the Premises shall be done at Tenant's expense by employees of, or contractors hired by, Landlord except to the extent Landlord gives its prior written consent to Tenant's hiring its own contractors. Tenant shall promptly pay to Landlord or the Tenant's contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord a percentage no higher than the generally prevailing changes from time to time of landlords of other first class Chicago Loop office buildings of the cost of such work sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord's involvement with such work. After commencement of any such work, Tenant shall diligently and continuously pursue completion thereof. Upon competition of such work, Tenant shall deliver to Landlord when payment is made evidence of payment, contractors' affidavits and waivers of all liens for labor, services or materials all in form satisfactory to Landlord. Tenant shall defend and hold Landlord and the Land and Building harmless from all costs, damages, liens and expenses related to such work. All work done by Tenant or its contractors pursuant to the Premises, promptly repair any damages resulting from such removal Section 7 or 8 shall be done in a first-class workmanlike manner using only good grades of materials and restore the Premises to their original condition as shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of the Commencement Date. Landlord acknowledges that Tenant shall not be obligated to remove any Alterations, fixtures governmental departments or equipment which are affixed to the Demised Premises and were in place on the Commencement Dateagencies.

Appears in 1 contract

Samples: Lease (Brookdale Living Communities Inc)

Additions and Alterations. 9.1 No structural changes or non-structural changes in excess Tenant shall not, without the prior written consent of $50,000Landlord (not to be unreasonably withheld), make any alterations, improvements or additions to the Premises. Landlord’s refusal to give said consent shall be made conclusive. If Landlord consents to said alterations, improvements or additions, it may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the Premises or Building or any part thereof by Tenant without first obtaining the written consent payment of Landlord all costs to be incurred in connection with such work, insurance against liabilities which may be given arise out of such work, plans and specifications plus permits necessary for such work and “as-built” drawings or withheld in Landlord’s sole discretion and judgment, and, if given may be given subject to such terms and conditions as Landlord may deem necessary or desirable, in Landlord’s sole discretion and judgment. Tenant hereby agrees that any an accurately marked record set of drawings showing the actual location of said alterations, improvements, or additions improvements and additions. The work necessary to the Premises or Building shall be undertaken only by a general contractor approved by Landlord in writing. All changes, alterations, additions and improvements made or placed in or upon the Premises, and which by operation of law would become a part of the real estate, shall immediately upon being made or placed thereon become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof, at the termination by lapse of time or otherwise, of the Term of this Lease. Any such changes, alterations, improvements, or additions shall be done in strict conformity with the “Building Standard Criteria” attached as Exhibit D. At Landlord’s request, at or prior to termination of the Term, Tenant shall promptly remove all or make any part of any such changes, alterations, improvements or additions made by Tenant to the Premises, promptly repair any damages resulting from such removal and restore the Premises whether prior to their original condition as of or subsequent to the Commencement Date. , shall be done at Tenant’s expense by employees of, or contractors hired by, Landlord acknowledges that Tenant except to the extent Landlord gives its prior written consent to Tenant’s hiring its own contractors (which consent shall not be obligated unreasonably withheld, except that Landlord may arbitrarily withhold consent in cases involving Building systems such as plumbing, HVAC and electrical). Tenant shall promptly pay to remove any AlterationsLandlord or the Tenant’s contractors, fixtures as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord a percentage of the cost of such work (such percentage to be established on a uniform basis for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord’s involvement with such work forthwith upon being billed for the same. Upon completion of such work Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors’ affidavits and full and final waivers of all liens for labor, services or equipment which are affixed materials all in form satisfactory to Landlord. Tenant shall defend and hold Landlord and the Demised Premises Land and were Building harmless from all costs, damages, liens and expenses related to such work. All work done by Tenant or its contractors pursuant to this Section shall be done in place on the Commencement Datea first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies.

Appears in 1 contract

Samples: Lease (Bancinsurance Corp)

Additions and Alterations. 9.1 No structural changes or non-structural changes in excess A. Tenant shall not, without the prior written consent of $50,000Landlord, make any alterations, improvements or additions to the Premises. Landlord's refusal to give said consent shall be made conclusive. If Landlord consents to said alterations, improvements or additions, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the Premises or Building or any part thereof by Tenant without first obtaining the written consent payment of Landlord all costs to be incurred in connection with such work, insurance against liabilities which may be given or withheld in Landlord’s sole discretion and judgment, and, if given may be given subject to arise out of such terms and conditions as Landlord may deem necessary or desirable, in Landlord’s sole discretion and judgment. Tenant hereby agrees that any alterations, improvements, or additions to the Premises or Building shall be undertaken only by a general contractor approved by Landlord in writing. All changes, alterations, additions and improvements made or placed in or upon the Premiseswork, and which plans and specifications plus permits necessary for such work, requiring Tenant to perform such work at times designated by operation of law would become a part of the real estate, shall immediately upon being made or placed thereon become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof, at the termination by lapse of time or otherwise, of the Term of this LeaseLandlord. Any such changes, alterations, improvements, or additions shall be done in strict conformity with the “Building Standard Criteria” attached as Exhibit D. At Landlord’s request, at or prior The work necessary to termination of the Term, Tenant shall promptly remove all or make any part of any such changes, alterations, improvements or additions made by Tenant to the Premises, promptly repair any damages resulting from such removal and restore the Premises whether prior to their original condition as of or subsequent to the Commencement Date, shall be done at Tenant's expense by employees of or contractors hired by Landlord except to the extent Landlord gives its prior written consent to Tenant's hiring its own contractors. Landlord acknowledges It is understood that Landlord's consent to the hiring by Tenant of Tenant's own contractors may be withheld if Landlord's permitting such hiring might reasonably be expected to adversely affect other construction in the Building or might reasonably be expected to result in an interruption of services provided to tenants of the Building. Tenant shall not promptly pay to Landlord or Tenant's contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof, Tenant shall also pay to Landlord a percentage of the cost of such work (such percentage to be established on a uniform basis for the Office Section) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord's involvement with such work. In connection with seeking Landlord's approval, Tenant shall provide to Landlord plans and specifications regarding proposed alterations, additions or improvements, as Landlord shall reasonably require, and Tenant shall, in addition to all other expenses which Tenant is obligated to remove pay to Landlord hereunder, pay to Landlord the expense incurred by Landlord in connection with the review of such information. Upon completion of such work Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials, all in form satisfactory to Landlord. Tenant shall defend and hold Landlord, Landlord's lessor, any Alterationsmortgagee, fixtures the MTA (hereinafter defined), the Property and the Building harmless from all costs, damages, liens and expenses related to such work. All work done by Tenant or equipment which are affixed its contractors pursuant to the Demised Premises Paragraphs 9 or 10 shall be done in a first-class workmanlike manner using only good grades of materials and were in place on the Commencement Dateshall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies.

Appears in 1 contract

Samples: Artificial Life Inc

Additions and Alterations. 9.1 No Tenant shall not, without the prior written consent of Landlord (which consent shall not unreasonably be withheld, delayed or conditioned, so long as the structural changes parts of the Building or non-structural changes in excess of $50,000Building systems are not involved), make any alterations, improvements or additions to the Premises. Landlord's refusal to give said consent shall be made conclusive. If Landlord consents to said alterations, improvements or additions, it may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the Premises or Building or any part thereof by Tenant without first obtaining the written consent payment of Landlord all costs to be incurred in connection with such work, insurance against liabilities which may be given arise out of such work, plans and specifications plus permits necessary for such work and "as-built" drawings or withheld in Landlord’s sole discretion an accurately marked record set of drawings showing the actual location of said alterations, improvements and judgment, and, if given may be given subject additions. The work necessary to such terms and conditions as Landlord may deem necessary or desirable, in Landlord’s sole discretion and judgment. Tenant hereby agrees that make any alterations, improvements, improvements or additions to the Premises or Building shall be undertaken only done at Tenant's expense by employees of, or contractors hired by, Landlord except to the extent Landlord gives its prior written consent to Tenant's hiring its own contractors (which consent shall not be unreasonably withheld, delayed or conditioned, except that Landlord may arbitrarily withhold consent in cases involving Building systems such as plumbing, HVAC and electrical), and except that Tenant shall have the right to hire its own contractors in connection with the Tenant Improvement Work described in Section 30 hereof, subject to Landlord's approval of said contractors. Tenant shall promptly pay to Landlord or the Tenant's contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord a percentage of the so-called "hard" costs of such work (such percentage to be established on a uniform basis for the Building and shall not exceed 5%) sufficient to reimburse Landlord for all overhead, general contractor approved by conditions, fees and other costs and expenses arising from Landlord's involvement with such work forthwith upon being billed for the same; provided, however, that Landlord shall not charge such a percentage in writingconnection with the Tenant Improvement Work described in Section 30 hereof. Upon completion of such work Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials all in form reasonably satisfactory to Landlord. Tenant shall defend and hold Landlord and the Land and Building harmless from all costs, damages, liens and expenses related to such work. All changes, alterations, additions and improvements made work done by Tenant or placed in its contractors pursuant to Section 7 or upon the Premises, and which by operation of law would become a part of the real estate, shall immediately upon being made or placed thereon become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof, at the termination by lapse of time or otherwise, of the Term of this Lease. Any such changes, alterations, improvements, or additions 8 shall be done in strict conformity a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. Notwithstanding anything herein to the “Building Standard Criteria” attached as Exhibit D. At contrary, Landlord’s request, at or prior to termination 's consent shall not be required for work which (i) does not affect the structural parts of the TermBuilding or the Building systems, (ii) does not involve installation of any conduit or cabling in the Building, and (iii) does not (on a "per project" basis) exceed $20,000.00 in any twelve (12) month period, so long as Tenant employs union contractors to perform such work and provided such work is scheduled in advance with Landlord. Subject to the terms and conditions hereinafter set forth, Tenant shall promptly remove all be permitted to install computer connections and information pathways ("Network Connections") in the Premises. The initial cabling, recabling, installation, removal, connection, reconnection or any part disconnection of any such changesNetwork Connections shall be performed as part of the Work described in the Work Letter, alterationsand shall be subject to Landlord's approval as more particularly set forth therein. Any cabling, improvements recabling, installation, removal, repair, expansion, connection, reconnection or additions made by disconnection of any such Network Connections after such initial installation shall be performed strictly in accordance with this Section 8, except that Landlord's prior consent shall not be required in connection therewith provided: (i) Tenant shall notify Landlord in writing within twenty-four (24) hours following completion (or as soon thereafter as practicable) of any such cabling, recabling, installation, removal, repair, expansion, connection, reconnection or disconnection of any such Network Connections; (ii) Landlord shall thereafter have the right to the Premises, promptly repair any damages resulting from such removal and restore enter the Premises to their original condition as inspect such cabling, recabling, installation, removal, connection, repair, expansion, reconnection or disconnection of the Commencement Date. Landlord acknowledges that Tenant shall not be obligated any such Network Connections at any time within forty-eight (48) hours following such notice, subject to remove extensions for any Alterations, fixtures or equipment which are affixed to the Demised Premises and were in place delay on the Commencement Datepart of Tenant, to determine if any Building systems have been altered, disturbed or otherwise negatively affected; (iii) all piping and telephone riser work in connection with any such Network Connections shall be performed by union certified personnel; and (iv) all such Network Connections shall be installed and maintained so as to not interfere with other systems or services located in the Building or used or maintained by Landlord or any other tenant.

Appears in 1 contract

Samples: Agreement (Orbitz Inc)

Additions and Alterations. 9.1 No structural changes or non-structural changes In consideration of the agreed upon Rent stated in excess of $50,000Schedule 1, Tenant shall have the right to make alterations, improvements or additions to the Premises, so long as Tenant has obtained the prior written consent of Landlord. Said consent shall not be made to unreasonably withheld if such alterations, improvements or additions do not adversely affect the Building’s structure or common systems or areas or detract from the Building’s appearance from outside of the Premises or Building otherwise increases any costs of operating the Building. If Landlord consents to said alterations, improvements or any part thereof by additions, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant without first obtaining to furnish Landlord with security for the written consent payment of Landlord all costs to be incurred in connection with such work, insurance against liabilities which may be given or withheld in Landlord’s sole discretion arise out of such work, and judgment, and, if given may be given subject plans and specifications plus permits necessary for such work. The work necessary to such terms and conditions as Landlord may deem necessary or desirable, in Landlord’s sole discretion and judgment. Tenant hereby agrees that make any alterations, improvements, improvements or additions to the Premises or Building shall be undertaken only done at Tenant’s sole expense by a general contractor approved employees of or contractors hired by Landlord, except to the extent Landlord gives its prior written consent to Tenant’s hiring contractors. Tenant shall promptly pay to Landlord or to Tenant’s contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord an amount sufficient, in writingLandlord’s reasonable judgment, to reimburse Landlord for all of its overhead and related expenses allocable to such work. Upon completion, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors’ affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall defend and hold Landlord and the Land and Building harmless from all costs, damages, liens and/or expenses related to such work. All changeswork done by Tenant or its contractors pursuant to Section 8 or Section 9 shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws, ordinances and rules and regulations of governmental departments or agencies. All alterations, improvements and additions and improvements made or placed in or upon to the Premises, and which whether temporary or permanent in character, made or paid for by operation of law would become a part of the real estateLandlord or Tenant, shall immediately upon being made or placed thereon without compensation to Tenant become the Landlord’s property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof, at the termination of this Lease by lapse of time or otherwiseotherwise and shall, of the Term of this Lease. Any such changes, alterations, improvements, or additions shall be done unless Landlord had requested their removal when Landlord consented to their installation (in strict conformity with the “Building Standard Criteria” attached as Exhibit D. At Landlord’s request, at or prior to termination of the Term, which case Tenant shall promptly remove all or any part of any such changesthe same as provided in Section 17), alterationsbe relinquished to Landlord in good condition, improvements or additions made by Tenant to the Premises, promptly repair any damages resulting from such removal ordinary wear and restore the Premises to their original condition as of the Commencement Date. Landlord acknowledges that Tenant shall not be obligated to remove any Alterations, fixtures or equipment which are affixed to the Demised Premises and were in place on the Commencement Datetear excepted.

Appears in 1 contract

Samples: Lease Agreement (Attitude Drinks Inc.)

Additions and Alterations. 9.1 No structural changes or non-structural changes in excess A. Tenant shall not, without the prior written consent of $50,000Landlord, make any alterations, improvements or additions shall be made to the Premises or Building or any part thereof by Tenant without first obtaining the written Premises; provided, however, Landlord's consent of Landlord which may shall not be given or withheld in Landlord’s sole discretion and judgment, and, if given may be given subject required with respect to such terms and conditions as Landlord may deem necessary or desirable, in Landlord’s sole discretion and judgment. Tenant hereby agrees that any alterations, improvements, or additions to the Premises or Building shall be undertaken only by a general contractor approved by Landlord in writing. All changes, alterations, additions and improvements made or placed in or upon the Premises, and which by operation of law would become a part of the real estate, shall immediately upon being made or placed thereon become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof, at the termination by lapse of time or otherwise, of the Term of this Lease. Any such changes, alterations, improvements, or additions shall be done in strict conformity with the “Building Standard Criteria” attached as Exhibit D. At Landlord’s request, at or prior to termination of the Term, Tenant shall promptly remove all or any part of any such changes, nonstructural alterations, improvements or additions made below finished ceilings costing less than $5,000 to implement. Landlord hereby consents on the understanding that the applicable provisions of this Lease shall be complied with, to the installation of telephone and data lines by Tenant above the finished ceiling of the Premises provided Tenant uses reputable, qualified line installers for the purpose of such installation and obtains any and all permits required in connection with such installation prior to such installation. Tenant shall in all events provide notice to Landlord prior to commencing any alterations, improvements or additions (with a summary description of the work to be done and a statement, pursuant to Paragraph 9, describing any Hazardous Materials to be brought into the Building in connection with the work) whether or not consent is required. If Landlord consents to said alterations, improvements or additions, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, and plans and specifications plus permits necessary for such work, requiring Tenant to perform such work at times designated by Landlord. The work necessary to make any alterations, improvements or additions to the Premises, promptly repair any damages resulting from such removal and restore the Premises whether prior to their original condition as of or subsequent to the Commencement Date, shall be done at Tenant's expense by employees of or contractors hired by Landlord except to the extent Landlord gives its prior written consent to Tenant's hiring its own contractors. Landlord acknowledges It is understood that Landlord's consent to the hiring by Tenant of Tenant's own contractors may be withheld if Landlord's permitting such hiring might reasonably be expected to adversely affect other construction in the Building or might reasonably be expected to result in an interruption of services provided to tenants of the Building. Tenant shall not promptly pay to Landlord or Tenant's contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord a percentage of the cost of such work (such percentage to be established on a uniform basis for the Office Section) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord's involvement with such work. In connection with seeking Landlord's approval, Tenant shall provide to Landlord plans and specifications regarding proposed alterations, additions or improvements, as Landlord shall reasonably require, and Tenant shall, in addition to all other expenses which Tenant is obligated to remove pay to Landlord hereunder, pay to Landlord the expense reasonably incurred by Landlord in connection with the review of such information. Upon completion of such work Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials, all in form reasonably satisfactory to Landlord. Tenant shall defend and hold Landlord, Landlord's lessor, any Alterationsmortgagee, fixtures the MTA (hereinafter defined), the Property and the Building harmless from all costs, damages, liens and expenses related to such work. All work done by Tenant or equipment which are affixed its contractors pursuant to the Demised Premises Paragraphs 9 or 10 shall be done in a first-class workmanlike manner using only good grades of materials and were in place on the Commencement Dateshall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies.

Appears in 1 contract

Samples: Digitas Inc

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