Common use of ALTERATION BY TENANT Clause in Contracts

ALTERATION BY TENANT. (A) Tenant is hereby given the right, at its sole cost and expense, at any time during the Lease Term, to make any alterations or improvements to the interior of the Premises which Tenant may deem necessary or desirable for its purposes; provided, however, that no alterations or improvements shall be made without the written approval of the Landlord (and Landlord shall not unreasonably withhold, condition or delay any consent to improvements, unless such improvements materially affect any areas outside of the Premises, any structural elements of the Building, or any of the Building’s mechanical, electrical or plumbing systems) and all work shall be performed by Landlord (at Tenant’s election) or by contractors and subcontractors approved in writing by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed, and meet Landlord’s and Landlord’s insurance carriers’ specifications and requirements. Promptly after the completion of alterations or improvements that alter the floor plan of the Premises, Tenant, at its expense, shall deliver to Landlord an accurate as-built drawing on CADD computer disc showing such alterations or improvements in the Premises. Landlord’s approval of any plans, specifications or work drawings shall create no responsibility or liability on the part of the Landlord for their completeness, design sufficiency or compliance with any laws, rules and regulations of governmental agencies or authorities. Notwithstanding the foregoing, Landlord’s consent shall not be required for paint, carpet or any alteration to the interior of the Premises that complies with the following requirements: (a) is non-structural in nature; (b) does not affect the roof or any area outside of the Premises; (c) does not materially affect the electrical, plumbing, HVAC or mechanical systems in the Building or servicing the Premises, or the sprinkler or other life safety system; (d) costs less than $50,000.00 for each such alteration project in the aggregate; (e) Landlord receives five (5) business days’ prior written notice (and entry of workers is coordinated with management); (0 Tenant is not then in default; (g) Landlord’s insurance requirements are satisfied; and (h) Landlord receives “as built” plans, if applicable.

Appears in 2 contracts

Samples: Lease Agreement (Sunnova Energy International Inc.), Lease Agreement (Sunnova Energy International Inc.)

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ALTERATION BY TENANT. (A) Tenant is hereby given shall not, without Landlord’s prior written consent, which shall not be unreasonable withheld, conditioned or delayed, permit any alteration, improvement, addition or installation in or to the rightPremises (collectively, at its sole cost and expense, at any time during the Lease Term, to “Alterations”). Under no circumstances may Tenant make any alterations or improvements to the interior of the Premises which Tenant may deem necessary or desirable for its purposes; provided, however, that no alterations or improvements shall be made without the written approval of the Landlord (and Landlord shall not unreasonably withhold, condition or delay any consent to improvements, unless such improvements materially affect any areas outside of the Premises, any structural elements of the Building, the roof, the life/safety systems, the HVAC system (except for changes solely within the Premises), the security system for which Landlord is responsible, or which have a material adverse affect on any other Building systems, without first obtaining Landlord’s prior written consent thereto, the giving or withholding of such consent not to be unreasonable delayed but to be given or withheld in the sole discretion of Landlord reasonably exercised; provided, however, Landlord hereby consents in advance to one or more of the Building’s mechanical, electrical or plumbing systems) following potential Alterations provided that the exact specifications and all work shall be manner in which they are performed is approved in advance by Landlord (at Tenant’s election) or by contractors and subcontractors approved in writing by Landlord, which approval shall will not be unreasonably withheld, conditioned or delayed): facilities for computers; separate, self-contained air conditioning systems (including roof top equipment for the same); break room (no cooking is allowed) and coffee bars; and exercise/health facility (including showers and/or steam rooms) on the 7th floor of the Building, all of which must be removed by Tenant and the affected areas restored to good condition upon the expiration or sooner termination of this Lease unless otherwise excused in writing by Landlord. Notwithstanding the foregoing, written consent of Landlord shall not be required and Tenant may make alterations to the interior of the Premises that comply with the following requirements: (i) they are non-structural in nature (except that installation or removal of demising walls and interior offices shall be permitted); (ii) they do not adversely affect the roof or any area outside of the Premises; (iii) they do not materially affect the electrical, plumbing, HVAC or mechanical systems in the Building or servicing the Premises, or the sprinkler or other life safety system; (iv) they cost less than $100,000.00 (adjusted in 2011 by the percentage increase in the Consumer Price Index) for each such alteration project in the aggregate; (v) Landlord receives prior written notice; (vi) Tenant is not then in default under this Lease beyond any applicable notice or cure period, and (vii) and finishes are at or above Building standard as described in Exhibit L attached hereto. If Landlord does not consent or affirmatively withhold its consent to any proposed Alterations, or the plans and/or specifications with respect thereto or contractor(s) or subcontractors for major trades performing the same, in writing within fifteen (15) days after Landlord’s receipt of a written request therefor together with, as applicable, plans and specifications related thereto and/or an identification of contractor(s) and (if applicable) subcontractors for major trades performing the same, and thereafter such failure continues for and additional period of five (5) business days after Landlord’s receipt of written notice thereof (such written request and such subsequent notice shall each note on the first page thereof, in bold and capitalized letters, that the failure of Landlord to provide written notice to Tenant of Landlord’s decision to give or withhold its consent to the proposed Alterations will constitute a deemed written consent by Landlord to the proposed Alterations and the plans and specifications, if any, with respect thereto and contractor(s) and (if applicable) subcontractors for major trades performing the same), such Alterations, and the plans and specifications, if any, with respect thereto and the contractor(s) and (if applicable) subcontractors for major trades performing the same, shall be deemed to have been consented to in writing by Landlord. All work performed by or at the request of Tenant must be performed by a general contractor and subcontractors for the major trades (electrical, plumbing, HVAC, roof, and risers) approved in writing by Landlord (which approval will not be unreasonably withheld or delayed) and meet Landlord’s and Landlord’s insurance carriers’ reasonable specifications and requirementsrequirements provided to Tenant prior to the commencement of such work and that are applicable thereto. Promptly after the completion of the alterations or improvements that alter the floor plan of the Premisesimprovements, Tenant, at its expense, shall deliver to Landlord an accurate as-built drawing on CADD computer disc (to the extent such drawings were produced), as well as a hard copy, showing such alterations or improvements in the Premises. Landlord’s approval or deemed approval of any plans, specifications or work drawings shall create no responsibility or liability on the part of the Landlord for their completeness, design sufficiency or compliance with any laws, rules and regulations of governmental agencies or authorities. Notwithstanding the foregoing, Landlord’s consent shall not be required for paint, carpet or any alteration to the interior of the Premises that complies with the following requirements: (a) is non-structural in nature; (b) does not affect the roof or any area outside of the Premises; (c) does not materially affect the electrical, plumbing, HVAC or mechanical systems in the Building or servicing the Premises, or the sprinkler or other life safety system; (d) costs less than $50,000.00 for each such alteration project in the aggregate; (e) Landlord receives five (5) business days’ prior written notice (and entry of workers is coordinated with management); (0 Tenant is not then in default; (g) Landlord’s insurance requirements are satisfied; and (h) Landlord receives “as built” plans, if applicable.

Appears in 1 contract

Samples: Office Lease (Alliance Data Systems Corp)

ALTERATION BY TENANT. (A) Tenant is hereby given the right, at its sole cost and expense, at any time during the Lease Term, to make any non-structural alterations or improvements to the interior of the Premises Improvements which Tenant may deem deems necessary or desirable for its purposes; provided, however, that no alterations or improvements shall be made without the prior written approval of the Landlord (and Landlord shall not unreasonably withhold, condition or delay any consent to improvements, unless such improvements materially affect any areas outside of the Premises, any structural elements of the Building, or any of the Building’s mechanical, electrical or plumbing systems) and all work shall be performed by Landlord (at Tenant’s election) or by contractors and subcontractors approved in writing by Landlord, which written approval shall not be unreasonably withheld, conditioned or delayeddelayed so long as the proposed alterations do not affect the structure of the Property or the systems serving the same, and meet Landlord’s and Landlord’s insurance carriers’ specifications and requirements. Promptly after do not require any alterations to be made to portions of the completion of alterations or improvements that alter the floor plan of Property outside the Premises, Tenant, at its expense, shall deliver and will not materially and adversely interfere with the ability of other tenants of the Building to Landlord an accurate as-built drawing on CADD computer disc showing such alterations or improvements in utilize their premises for the PremisesComparable Uses. Landlord’s approval of any plans, specifications or work drawings shall create no responsibility or liability on the part of the Landlord for their completeness, design sufficiency or compliance with any laws, rules and regulations of governmental agencies or authorities. Notwithstanding the foregoing, Landlord’s consent shall not be required for paint, carpet or any alteration to the interior of the Premises that complies with the following requirements: (a) is purely cosmetic decorations nor for non-structural alterations costing less than Twenty-Five Thousand Dollars ($25,000.00) in nature; the aggregate, so long as (b1) does Tenant notifies Landlord of its intent to carry out such alterations at least ten (10) days in advance, (2) the proposed alterations do not affect the roof or any area outside structure of the Premises; (c) does Property or the systems serving the same, do not materially affect require any alterations to be made to portions of the electrical, plumbing, HVAC or mechanical systems in the Building or servicing Property outside the Premises, do not require the issuance of a building permit, and will not adversely affect any other tenant or occupant of the sprinkler Property, and (3) Tenant provides Landlord with reasonable assurances against the attachment of any mechanics’ or other life safety system; (d) costs materialmen’s liens to the Property. Landlord agrees to respond to any request for consent to any alteration costing less than Fifty Thousand Dollars ($50,000.00 for each such alteration project in the aggregate; (e50,000) Landlord receives within five (5) business days’ prior written notice (days after delivery to Landlord of Tenant’s request for consent accompanied by detailed plans and entry of workers is coordinated with management); (0 Tenant is not then in default; (g) Landlord’s insurance requirements are satisfied; and (h) Landlord receives “as built” plans, if applicablespecifications for the proposed alteration.

Appears in 1 contract

Samples: Lease Agreement (Gtsi Corp)

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ALTERATION BY TENANT. (A) Tenant is hereby given the right, at its sole cost and expense, at any time during the Lease Term, to make any non-structural alterations or improvements to the interior of the Premises Improvements which Tenant may deem deems necessary or desirable for its purposes; provided, however, that no alterations or improvements shall be made without the prior written approval of the Landlord (and Landlord shall not unreasonably withhold, condition or delay any consent to improvements, unless such improvements materially affect any areas outside of the Premises, any structural elements of the Building, or any of the Building’s mechanical, electrical or plumbing systems) and all work shall be performed by Landlord (at Tenant’s election) or by contractors and subcontractors approved in writing by Landlord, which written approval shall not be unreasonably withheld, conditioned or delayeddelayed so long as the proposed alterations do not affect the structure of the Property or the systems serving the same, and meet Landlord’s and Landlord’s insurance carriers’ specifications and requirements. Promptly after do not require any alterations to be made to portions of the completion of alterations or improvements that alter the floor plan of Property outside the Premises, Tenant, at its expense, shall deliver and will not materially and adversely interfere with the ability of other tenants of the Building to Landlord an accurate as-built drawing on CADD computer disc showing such alterations or improvements in utilize their premises for the PremisesComparable Uses. Landlord’s 's approval of any plans, specifications or work drawings shall create no responsibility or liability on the part of the Landlord for their completeness, design sufficiency or compliance with any laws, rules and regulations of governmental agencies or authorities. Notwithstanding the foregoing, Landlord’s 's consent shall not be required for paint, carpet or any alteration to the interior of the Premises that complies with the following requirements: (a) is purely cosmetic decorations nor for non-structural alterations costing less than Twenty-Five Thousand Dollars ($25,000.00) in nature; the aggregate, so long as (b1) does Tenant notifies Landlord of its intent to carry out such alterations at least ten (10) days in advance, (2) the proposed alterations do not affect the roof or any area outside structure of the Premises; (c) does Property or the systems serving the same, do not materially affect require any alterations to be made to portions of the electrical, plumbing, HVAC or mechanical systems in the Building or servicing Property outside the Premises, do not require the issuance of a building permit, and will not adversely affect any other tenant or occupant of the sprinkler Property, and (3) Tenant provides Landlord with reasonable assurances against the attachment of any mechanics' or other life safety system; (d) costs materialmen's liens to the Property. Landlord agrees to respond to any request for consent to any alteration costing less than Fifty Thousand Dollars ($50,000.00 for each such alteration project in the aggregate; (e50,000) Landlord receives within five (5) business days’ prior written notice (days after delivery to Landlord of Tenant's request for consent accompanied by detailed plans and entry of workers is coordinated with management); (0 Tenant is not then in default; (g) Landlord’s insurance requirements are satisfied; and (h) Landlord receives “as built” plans, if applicablespecifications for the proposed alteration.

Appears in 1 contract

Samples: Deed of Lease (Government Technology Services Inc)

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