Common use of Additions and Alterations Clause in Contracts

Additions and Alterations. Except for non-structural interior alterations, Tenant shall not alter or cause changes in construction of the tenant improvements without Landlord’s prior written consent. Tenant shall not, without the prior written consent of Landlord (such consent shall not be unreasonably withheld, delayed or conditioned), make any alterations, improvements, redecorations or additions to the Premises. Landlord’s refusal to give said consent shall be conclusive. All alterations, improvements, redecorations and additions to the Premises including any tenant improvements, whether temporary or permanent in character, made or paid for by Landlord or Tenant, shall without compensation to Tenant become Landlord’s property at the termination of this Lease by lapse of time or otherwise and shall, unless Landlord requests their removal (in which case Tenant shall remove the same as provided in this Lease), be relinquished to Landlord in good condition, ordinary wear excepted. Notwithstanding the foregoing, Tenant may after prior written consent from Landlord, remove Tenant’s machinery and equipment (“Trade Fixtures”) that can be removed without doing any material damage to the Premises subject to Tenant’s obligation to repair and restore the Premises pursuant to this Lease. If there is any damage to the Premises caused by Tenant removing Trade Fixtures, Landlord shall notify Tenant and Tenant shall promptly reimburse and indemnify Landlord for all costs in connection with such damage.

Appears in 4 contracts

Samples: Lease Agreement (Opnext Inc), Lease Agreement (Opnext Inc), Lease Agreement (Opnext Inc)

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Additions and Alterations. Except for non-structural interior alterations, Tenant shall not alter or cause changes in construction of the tenant improvements without Landlord’s prior written consent. Tenant shall not, without the prior written consent of Landlord (such consent shall not to be unreasonably withheldwithheld or delayed, delayed or conditioned)of Landlord, make any alterations, improvements, redecorations improvements or additions to the Premises. Landlord’s 's refusal to give said consent shall be 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 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. The work necessary to make any 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 not to be unreasonably withheld or delayed, 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 a percentage of the cost of such work (such percentage not to exceed 10%) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord's involvement with such work. 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 (unless Landlord is acting as the general contractor) and expenses related to such work. All work done by Tenant or its contractors pursuant to Sections 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, redecorations improvements and additions to the Premises including any tenant improvementsPremises, whether temporary or permanent in character, made or paid for by Landlord or Tenant, shall without compensation to Tenant become Landlord’s 's property at the termination of this Lease by lapse of time or otherwise and shall, unless Landlord requests their removal (in which case Tenant shall remove the same as provided in this Lease), be relinquished to Landlord in good condition, ordinary wear excepted. Notwithstanding 10. COVENANT AGAINST LIENS. Tenant has no authority or power to cause or permit any lien or encumbrance of any kind whatsoever, whether created by act of Tenant, operation of law or otherwise, to attach to or be placed upon Landlord's title or interest in the foregoingLand, Building or Premises, and any and all liens and encumbrances created by Tenant shall attach to Tenant's interest only. Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against the Land, Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of any such lien attaching, Tenant may after prior written consent from covenants and agrees to cause it to be immediately released and removed of record. In the event that such lien is not immediately released and removed, Landlord, at its sole option, may take all action necessary to release and remove Tenant’s machinery and equipment such lien (“Trade Fixtures”without any duty to investigate the validity thereof) that can be removed without doing any material damage to the Premises subject to Tenant’s obligation to repair and restore the Premises pursuant to this Lease. If there is any damage to the Premises caused by Tenant removing Trade Fixtures, Landlord shall notify Tenant and Tenant shall promptly upon notice reimburse and indemnify Landlord for all sums, costs and expenses (including reasonable attorneys' fees) incurred by Landlord in connection with such damagelien. Notwithstanding the contents of the preceding paragraph, Landlord shall give Tenant notice of any such lien and Tenant shall have the right to bond over it in a reasonable period of time with a bond reasonably satisfactory to Landlord. 11.

Appears in 2 contracts

Samples: Lease Amendment Agreement (SPR Inc), Lease Amendment Agreement (SPR Inc)

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Additions and Alterations. Except for non-structural interior alterations, Tenant shall not alter or cause changes in construction of the tenant improvements without Landlord’s prior written consent. Tenant shall not, without the prior written consent of Landlord (such consent shall not be unreasonably withheld, delayed or conditioned)Landlord, make any alterations, improvements, redecorations improvements or additions to the Premises. If Landlord consents to such 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 insurance against liabilities which may arise out of such work, security for Tenant's obligations to pay for such work, plans and specifications for Landlords approval prior to commencement of construction, copies of all permits necessary for such work and "as built" plans after completion of such work together with a complete breakdown of the cost of such work as required for purposes of Landlord’s refusal 's insurance or self-insurance. The work necessary to give said consent make any alterations, improvements or additions to the Premises shall be conclusivedone at Tenants expense by employees of or contractors hired by Landlord. Tenant shall promptly pay, 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 Landlord'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, to the extent not previously received by Landlord, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials. All alterations, improvements, redecorations improvements and additions to the Premises including any tenant improvementsPremises, whether temporary or permanent in character, made or paid for by Landlord or Tenant, Tenant shall without compensation to Tenant become Landlord’s 's property at the termination of this Lease by lapse of time or otherwise upon installation. All such alterations, improvements and additions shall, unless Landlord requests had expressly requested or approved their removal when Landlord consented to their installation (in which case Tenant shall remove the same as provided in this LeaseSection 17), remain Landlord's property upon termination of this Lease by lapse of time or otherwise and shall be relinquished to Landlord in good condition, ordinary wear and tear excepted. Notwithstanding the foregoing, Tenant may after prior written consent from Landlord, remove Tenant’s machinery and equipment (“Trade Fixtures”) that can be removed without doing any material damage to the Premises subject to Tenant’s obligation to repair and restore the Premises pursuant to this Lease. If there is any damage to the Premises caused by Tenant removing Trade Fixtures, Landlord shall notify Tenant and Tenant shall promptly reimburse and indemnify Landlord for all costs in connection with such damage.

Appears in 1 contract

Samples: Lease Agreement (Tanning Technology Corp)

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