Common use of Alterations, Additions, and Improvements Clause in Contracts

Alterations, Additions, and Improvements. No alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.

Appears in 3 contracts

Samples: Broadvision Inc, Broadvision Inc, Broadvision Inc

AutoNDA by SimpleDocs

Alterations, Additions, and Improvements. No Subject to the provisions of this Article IV, Lessee may make any alterations, additions, improvements or other changes to the Premises and the Relevant Assets as may be necessary or useful in connection with the operation of the Relevant Assets (collectively, the “Additional Improvements”). If such Additional Improvements require alterations, additions or improvements to the Premises or any of the Shared Access Facilities, Lessee shall notify Lessor in writing in advance and the parties shall negotiate in good faith any increase to the fees paid by Lessee under the Site Services Agreement by Lessee or otherwise provide for reimbursement of any material increase in cost ("Alterations"if any) to Lessor under the Site Services Agreement that results from any modifications to the Premises or the Shared Access Facilities necessary to accommodate the Additional Improvements, or as otherwise mutually agreed by the parties. Any alteration, addition, improvement or other change to the Premises, Relevant Assets or Additional Improvements (and, if agreed by Lessee and Lessor, to the Shared Access Facilities) by Lessee shall be made in a good and workmanlike manner and in accordance with all applicable Laws. The Relevant Assets and all Additional Improvements shall remain the property of Lessee and shall be removed by Lessee within one (1) year after termination of this Lease (provided that such can be removed by Lessee without unreasonable damage or harm to the Premises) or, at Lessee’s option exercisable by notice to Lessor, surrendered to Lessor upon the termination of this Lease. Lessee shall not have the right or power to create or permit any lien of any kind or character on the Premises by Lessee without reason of repair or construction or other work. In the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect event any such lien is filed against the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunderPremises, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee cause such lien to remove any such Alterations at the expiration be discharged or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) bonded within thirty (30) days after termination prior to the expiration of the Lease Term date of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for samefiling thereof.

Appears in 3 contracts

Samples: Lease and Access Agreement (HollyFrontier Corp), Lease and Access Agreement (Holly Energy Partners Lp), Lease and Access Agreement (Holly Corp)

Alterations, Additions, and Improvements. No alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee Tenant without the prior written consent of Lessor Landlord, which Lessor will shall not be unreasonably withhold, withheld; provided, however, that Lessee Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the Building systems, exterior appearance, structural integrity or any structural components of the Building or structural integrity and which the Project, (c) are not visible from the exterior of the Building, (d) do not exceed collectively One Hundred require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($100,00025,000.00) in cost within any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month periodperiod except that no dollar limit shall be applicable with respect to paint or carpet, without Lessor's prior written consentand (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Lessor's Landlord’s obligation to consider any request for consent hereunder, Lessee shall Tenant hereby agrees to pay Lessor Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Lessee Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior pursuant to the expiration terms of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, Section 17.09 hereof; provided that, if Lessee requests same from LessorTenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, Lessor will notify Lessee within five (5) business days after receipt then Landlord shall make its election whether or not to require removal of Lessee's request and a copy of all plans and specifications for such Alterations, if at all, at the proposed Alteration whether it will require removaltime consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by LessorLandlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor Landlord in writing prior to commencement of work. All Alterations shall be designed, constructed and installed installed, at the sole cost and expense of Lessee Tenant, by California licensed architects, engineers, and contractors approved by LessorLandlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable lawlaws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain title to ownership thereof), all furniture and trade fixtures placed on the Premises. All heatingAlterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning, conditioning and full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls)partitioning, drapery and carpeting installations made by Lessee Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Lessor upon Landlord at the expiration, expiration or sooner termination of the Lease, . Tenant shall retain title to all furniture and shall not be deemed trade fixturesfixtures placed on the Premises. Within thirty (30) days after completion of any AlterationAlterations, Lessee, Lessee Tenant shall provide Lessor Landlord with (A) a complete set of "both hard copies and CAD drawings of “as built" plans for samesuch Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereof.

Appears in 3 contracts

Samples: Lease (GOOD TECHNOLOGY Corp), Lease (GOOD TECHNOLOGY Corp), Lease (GOOD TECHNOLOGY Corp)

Alterations, Additions, and Improvements. No Lessee covenants and agrees with Lessor not to permit the Premises to be used for any purpose other than that stated in Section 5 hereof or make or allow to be made any alterations or physical additions in or to the Premises without first obtaining the written consent of Lessor in each such instance. Lessor's consent shall not be required for nonstructural alterations made by Lessee from time to time as necessary to adapt the Premises for the uses and business purposes permitted hereby, provided that such alterations do not affect any part of the Building other than the Premises, are not visible from outside the Building and do not adversely affect any service required to be furnished by Lessor to Lessee or to any other tenant or occupant of the Building. Lessee shall be responsible for any lien filed against the Premises or any portion of the Building for work claimed to have been done for, or materials claimed to have been furnished to Lessee. Any and all such alterations, physical additions, or improvements ("Alterations") shall be improvements, when made to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withholdLessee, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations be at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) expense and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall once become the property of Lessor at and shall be surrendered to Lessor upon termination of this Lease by lapse of time or otherwise; provided, however, this clause shall not apply to the expirationmovable fixtures, office equipment, and other personal property owned by Lessee. Tenant Initials ___________ Landlord Initials___________ 4Section 17. Legal Use and Violations of Insurance Coverage. ----------- ----------------------------------------------- Lessee covenants and agrees with Lessor not to occupy or use, or sooner termination permit any portion of the LeasePremises to be occupied or used, unless Lessor directs otherwisefor any business or purpose which is unlawful, provided that Lessee shall retain title disreputable, or deemed to all furniture and trade fixtures placed be extra-hazardous on account of fire, or permit anything to be done which would in any way increase the rate of fire, liability, or any other insurance coverage on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for sameand/or its contents.

Appears in 3 contracts

Samples: Lease Agreement (IElement CORP), Lease Agreement (IElement CORP), Lease Agreement (IElement CORP)

Alterations, Additions, and Improvements. No After the Commencement Date, Tenant shall not permit, make or allow to be made any construction, alterations, additions, physical additions or improvements ("Alterations") shall be made in or to the Premises by Lessee without obtaining the prior written consent of Lessor Landlord, which Lessor shall not be unreasonably withheld (“Tenant Work”), nor place any signs in the Premises which are visible from outside the Premises, without obtaining the prior written consent of Landlord, which may be withheld in Landlord’s sole discretion. Notwithstanding the foregoing, Landlord will not unreasonably withholdwithhold its consent to Tenant Work that: (i) is non-structural and does not adversely affect any Building Systems or improvements, provided(ii) is not visible from the exterior of the Premises, however, that Lessee may make Alterations which do (iii) does not affect the exterior of the Building systemsor any Common Areas, exterior appearance(iv) does not violate any provision of this Lease, structural components (v) does not violate any Laws, and (vi) will not interfere with the use and occupancy of any other portion of the Project by any other tenant or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consentoccupant of the Project. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing Tenant’s plans and specifications and all contractors, subcontractors, vendors, architects and engineers (collectively, “Outside Contractors”) shall be subject to Landlord’s prior written approval, which shall not be unreasonably withheld, conditioned or delayed. If requested by Landlord, Tenant shall execute a reasonable work letter for monitoring any such Tenant Work substantially in the form then used by Landlord for construction performed by tenants of the Building. Tenant shall pay Landlord a construction oversight fee in an amount equal to five percent (5%) of the cost and expense of any Tenant Work whether undertaken by Landlord or Tenant; the construction oversight or management fee, if any, applicable to construction of the Initial Improvements shall be governed by the terms of the Work Letter and not by the provisions of this Section. [PLEASE NOTE THAT TENANT DOES NOT PRESENTLY INTEND TO PERFORM ANY INITIAL IMPROVEMENTS TO THE PREMISES, BUT IN THE EVENT TENANT CHANGES ITS INTENTIONS AND IN FACT PERFORMS INITIAL IMPROVEMENTS, TENANT WILL NOT PAY A CONSTRUCTION OVERSIGHT FEE IN CONNECTION THEREWITH] Landlord may hire outside consultants to review such documents and information furnished to Landlord, and Tenant shall reimburse Landlord for the reasonable cost thereof, including reasonable attorneys’ fees, upon demand. Neither review nor approval by Landlord of any proposed Alterationsplans or specifications shall constitute a representation or warranty by Landlord that such documents either (i) are complete or suitable for their intended purpose, or (ii) comply with applicable Laws, it being expressly agreed by Tenant that Landlord assumes no responsibility or liability whatsoever to Tenant or any other person or entity for such completeness, suitability or compliance. Lessor Tenant shall furnish any documents and information reasonably requested by Landlord, including “as-built” drawings if available (both in paper and in electronic format acceptable to Landlord) after completion of such Tenant Work. Landlord may require Lessee impose such conditions on Tenant Work as are reasonably appropriate, including without limitation, compliance with any construction rules adopted by Landlord from time to remove any time, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such Alterations at Tenant Work, insurance covering Landlord against liabilities which may arise out of such work, plans and specifications, and permits for such Tenant Work. All Building Standard Tenant Work shall become the property of Landlord upon completion and shall be surrendered to Landlord upon the expiration or earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease, unless Landlord, at the time it approves the Tenant Work, shall require removal or restoration of such Tenant Work by Tenant. All Tenant Work that is Above Standard shall be and remain the property of Tenant, and shall be maintained by Tenant in good condition and repair throughout the Term, until the expiration or earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease, at which time such Tenant Work shall become the property of Landlord and shall be surrendered to Landlord with the Premises, unless Landlord specifies, at the time of the approval of the installation of such Above Standard Tenant Work, that Landlord will require Tenant to remove same upon the expiration or earlier termination of the Lease Term and or Tenant’s right to restore possession of the Premises under the Lease. Any Tenant Work that Tenant is required to their prior condition by written notice given on or before remove from the earlier of (i) Premises upon the expiration or earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease Term shall be removed at Tenant’s sole expense, and Tenant shall, at Tenant’s expense, promptly repair any damage to the Premises or the Building caused by such removal. Tenant shall not allow any liens to be filed against the Premises or the Project in connection with any Tenant Work. If any liens are filed, Tenant shall cause the same to be released within fifteen (ii) thirty (3015) days after termination prior to the expiration Tenant’s receipt of written notice of the Lease Term filing of the Lease such lien by bonding or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removalother method acceptable to Landlord. All Alterations to be made to Outside Contractors shall maintain insurance in amounts and types required by, and in compliance with, Section 20. An XXXXX 25 (or its equivalent) certificates of insurance in the Premises most recent edition available evidencing such coverage shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished provided to and approved by Lessor in writing Landlord prior to commencement of workany Tenant Work. All Alterations Outside Contractors shall be designed, constructed perform all work in a good and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessorworkmanlike manner, in compliance with all Laws and all reasonable applicable law, Project Rules and in good and workmanlike mannerBuilding construction rules. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, No Tenant Work shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixturesunreasonably disruptive to other tenants. Within thirty (30) days after Prior to final completion of any AlterationTenant Work, LesseeLandlord shall prepare and submit to Tenant a punch list of items to be completed, Lessee and Tenant shall provide Lessor with a diligently complete set of "as built" plans for sameall such punch list items.

Appears in 2 contracts

Samples: Commercial Lease (Ziprecruiter, Inc.), Commercial Lease (Ziprecruiter, Inc.)

Alterations, Additions, and Improvements. No Except for the Initial Improvements (which shall be constructed pursuant to the Work Letter), Tenant shall not permit, make or allow to be made any construction, alterations, additions, physical additions or improvements ("Alterations") shall be made in or to the Premises by Lessee (“Tenant Work”) without obtaining the prior written consent of Lessor Landlord, nor place any signs in the Premises which Lessor are visible from outside the Premises, without obtaining the prior written consent of Landlord, which may be withheld in Landlord’s sole discretion. Notwithstanding the foregoing, Landlord will not unreasonably withholdwithhold its consent to Tenant Work that: (i) is non-structural and does not adversely affect any Building Systems or improvements, provided(ii) is not visible from the exterior of the Premises, however, that Lessee may make Alterations which do (iii) does not affect the exterior of the Building systemsor any Common Areas, exterior appearance(iv) does not violate any provision of this Lease, structural components (v) does not violate any Laws, and (vi) will not interfere with the use and occupancy of any other portion of the Project by any other tenant or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consentoccupant of the Project. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing Tenant’s plans and specifications and all contractors, subcontractors, vendors, architects arid engineers (collectively, “Outside Contractors”) shall be subject to Landlord’s prior written approval. If requested by Landlord, Tenant shall execute a work letter for monitoring any such Tenant Work substantially in the form then used by Landlord for construction performed by tenants of the Building. Tenant shall pay Landlord a construction oversight fee in an amount equal to five percent (5%) of the cost and expense of any Tenant Work whether undertaken by Landlord or Tenant; the construction oversight or management fee, if any, applicable to construction of the Initial Improvements shall be governed by the terms of the Work Letter and not by the provisions of this Section. Landlord may hire outside consultants to review such documents and information furnished to Landlord, and Tenant shall reimburse Landlord for the cost thereof, including reasonable attorneys’ fees, upon demand. Neither review nor approval by Landlord of any proposed Alterations. Lessor may require Lessee to remove any plans or specifications shall constitute a representation or warranty by Landlord that such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of documents either (i) the expiration of the Lease Term are complete or suitable for their intended purpose, or (ii) thirty comply with applicable Laws, it being expressly agreed by Tenant that Landlord assumes no responsibility or liability whatsoever to Tenant or any other person or entity for such completeness, suitability or compliance. Tenant shall furnish any documents and information reasonably requested by Landlord, including “as-built” drawings (30both in paper and in electronic format acceptable to Landlord) days after completion of such Tenant Work. Landlord may impose such conditions on Tenant Work as are reasonably appropriate, including, without limitation, compliance with any construction rules adopted by Landlord from time to time, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such Tenant Work, insurance covering Landlord against liabilities which may arise out of such work, plans and specifications, and permits for such Tenant Work. All Building Standard Tenant Work shall become the property of Landlord upon completion and shall be surrendered to Landlord upon the expiration or earlier termination prior of this Lease or Tenant’s right to possession of the Premises under this Lease, unless Landlord shall require removal or restoration of such Tenant Work by Tenant. All Tenant Work that is Above Standard shall be and remain the property of Tenant, and shall be maintained by Tenant in good condition and repair throughout the Term, until the expiration or earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease, at which time such Tenant Work shall become the property of Landlord and shall be surrendered to Landlord with the Premises, unless Landlord specifies, at the time of the approval of the installation of such Above Standard Tenant Work, that Landlord will require Tenant to remove same upon the expiration or earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease. Any Tenant Work that Tenant is required to remove from the Premises upon the expiration or earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease shall be removed at Tenant’s sole expense, and Tenant shall, at Tenant’s expense, promptly repair any damage to the expiration of Premises, the Lease Term of Building or the Lease Project caused by such removal. Tenant shall not allow any liens to be filed against the Premises or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor providedthe Project in connection with any Tenant Work or otherwise. if any liens are filed, that, if Lessee requests Tenant shall cause the same from Lessor, Lessor will notify Lessee to be released within five (5) business days after Tenant’s receipt of Lessee's request and a copy notice of all plans and specifications for the proposed Alteration whether it will require removalsuch lien by bonding or other method acceptable to Landlord. All Alterations to be made to Outside Contractors shall maintain insurance in amounts and types required by, and in compliance with, Section 20. An XXXXX 25 (or its equivalent) certificates of insurance in the Premises most recent edition available evidencing such coverage shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished provided to and approved by Lessor in writing Landlord prior to commencement of workany Tenant Work. All Alterations Outside Contractors shall be designed, constructed perform all work in a good and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessorworkmanlike manner, in compliance with all Laws and all applicable law, Project Rules and in good and workmanlike mannerBuilding construction rules. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, No Tenant Work shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixturesunreasonably disruptive to other tenants. Within thirty (30) days after Prior to final completion of any AlterationTenant Work, LesseeLandlord may prepare and submit to Tenant a punch list of items to be completed, Lessee and Tenant shall provide Lessor with a diligently complete set of "as built" plans for sameall such punch list items.

Appears in 2 contracts

Samples: Lease Agreement (Upland Software, Inc.), Lease Agreement (Upland Software, Inc.)

Alterations, Additions, and Improvements. No Tenant shall have the right to remodel and make any additions, alterations, additions, or improvements ("Alterations") shall be made to the Leased Premises by Lessee up to an aggregate single remodel, addition, alteration or improvement of $10,000.00 without Landlord's consent. Tenant shall not remodel nor make any additions, alterations, or improvements to the Leased Premises over $10,000.00 as stated above or which change the exterior architectural structure or appearance of the building without Landlord's prior written consent, which consent of Lessor which Lessor will shall not be unreasonably withholdwithheld or delayed. Tenant shall also have the right to install in the Leased Premises Tenant's equipment, trade-fixtures and other personal property as Tenant may deem advisable, provided, however, all of the foregoing will be made without any expense to Landlord and Tenant will comply with all applicable laws with respect thereto. It is understood by the parties hereto that Lessee may make Alterations which do for all purposes under this Lease, Landlord shall own all of the land described on said Exhibit A, the building, and other improvements, now or hereafter constructed thereon, including but not affect limited to, electrical, plumbing, heating, ventilation and air conditioning systems and equipment installed by Landlord and attached to the Building systemsbuilding and all interior and exterior lighting fixtures. Notwithstanding the foregoing, Tenant shall own all of Tenant's leasehold improvements, the restaurant equipment and trade fixtures, and all interior and exterior appearancesignage, structural components whether or structural integrity not any of the foregoing appear to be permanently affixed to the Leased Premises (hereinafter collectively, "Tenant's Property"). Tenant is hereby expressly given the right, at any time during the term of this Lease, and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month periodupon the termination of this Lease, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove the Tenant's Property provided, however, Tenant will make reasonable repairs to the Leased Premises for any physical injury caused thereto by such Alterations at removal, but without any liability for diminution in value of the expiration or Leased Premises for any physical injury caused by the absence of the Tenant's Property so removed and without any necessity for replacing the same. In the event Tenant shall fail to remove all of the Tenant's Property upon the termination of the Lease Term and Lease, then Tenant, at Landlord's election, shall be deemed to restore have waived all right to any of Tenant's Property not so removed, in which event Landlord may retain the Premises to their prior condition by same as Landlord's property, or Tenant, upon written notice from Landlord to Tenant given on or before the earlier of (i) the expiration termination of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination term of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture remove the same from the Leased Premises and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend shall make reasonable repairs to the ceiling or connect Leased Premises for any physical injury caused to Building walls), drapery and carpeting installations made the Leased Premises by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for sameremoval thereof.

Appears in 2 contracts

Samples: Lease (Founders Food & Firkins LTD /Mn), Lease (Founders Food & Firkins LTD /Mn)

Alterations, Additions, and Improvements. No alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee without the prior written consent of Lessor Lessor, which Lessor will not unreasonably withhold, condition or delay; provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components appearance or structural integrity of Building 9, involve penetration of either the ceiling or floor of Building 9 and which do not collectively exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's ’s prior written consent; provided, further, that Lessee gives Lessor prior notice of such alterations (which notice shall include the estimated value of such alterations) and such alterations are otherwise performed in accordance with the terms of this Lease. As a condition to Lessor's ’s obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable out of pocket costs and expenses of consultants, engineers, architects and others (exclusive of property management personnel for reviewing plans and specifications and for monitoring the construction of any proposed Alterationsspecifications. Lessor may require Lessee to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before pursuant to the earlier terms of Section 17.09 hereof; provided that: (i) Lessor shall make such election, if at all, at the expiration time consent to such Alteration is given, if such election is requested in writing of Lessor at such time by Lessee, or if Lessor’s consent to such Alteration is not required, then Lessor shall make such election within 30 days following a written request of Lessor by Lessee, and (ii) in any event, at the end of the Lease Term or (ii) thirty (30) days after earlier termination prior to the expiration of the Lease Term of Lease, Lessee shall remove from the Lease or Premises the equipment listed as “Equipment To Be Removed” on Schedule 3 attached hereto (iii) thirty (30) days after a written request from Lessee for such notice from Lessor providedthe “Removal Obligations Schedule”), that, if Lessee requests same from and shall surrender to Lessor, and have no obligation to remove, the equipment listed as “Equipment Left In Place” on the Removal Obligations Schedule. Lessee shall furnish security or make other arrangement satisfactory to Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy to assure payment for the completion of all plans Alterations work free and specifications for the proposed Alteration whether it will require removalclear of liens. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, Lessor in compliance with all applicable law, and in good and workmanlike manner, and shall have been approved in writing by Redwood City and any other applicable governmental agencies, if so required. Any Alteration except furniture Such approvals shall not be unreasonably withheld, conditioned or delayed by Lessor. Except as is provided for in the Removal Obligations Schedule, subject to Lessor’s right to have Lessee retain ownership and remove same, any Alteration, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Lessee, together with all property that has become an integral part of the Premises such as fume hoods which penetrate the roof or plenum area, built-in cold rooms, built-in warm rooms, deionized water systems, glass washing equipment, autoclaves, chillers, built-in plumbing, electrical and mechanical equipment and systems and any power generator and transfer switches, shall not be deemed trade fixtures, fixtures and shall become the property of Lessor at the expiration, expiration or sooner termination of the Lease, unless Lessor directs otherwise, provided that . Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "both hard copies and CAD drawings of “as built" plans for same.

Appears in 2 contracts

Samples: Option Agreement (PDL Biopharma, Inc.), Option Agreement (Biotech Spinco, Inc.)

Alterations, Additions, and Improvements. No (a) Tenant shall not make any structural alternations, additions or improvements to the Premises without written consent of Landlord, which consent shall not be unreasonably withheld. In addition, no such work shall be performed unless and until Landlord shall have approved all plans and specifications therefore. Tenant shall submit plans and specifications depicting its proposed, structural work to Landlord for review and approval, which shall be deemed given unless Tenant is advised otherwise within twenty (20) days after the submission thereof. All such structural alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, thatimprovements, if Lessee requests same from Lessoragreed to, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans all applicable laws and specifications which regulations and shall remain for the benefit of Landlord after the Term, and Tenant shall not have been furnished any obligation to and approved by Lessor in writing prior remove the same. Prior to the commencement of work. All Alterations shall be designedany such work or the delivery of any materials, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, supplies or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title equipment to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, all contractors shall have duly and effectively waived any right of such contractor and its subcontractors to claim or file a mechanic’s or materialman’s lien against the Premises or any portion thereof or interest therein with respect to all work, materials, supplies and equipment at any time performed or supplied, to the Premises or any portion thereof, Tenant acknowledges and agrees that any approval which, Landlord may give with respect to any work to be performed by or on behalf of the Tenant under this Paragraph or any other provision of this Lease, or with respect to any contractors or subcontractors to perform the same, or with respect to any plans or specifications related thereto shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, solely for Landlord’s own protection and shall not be deemed trade fixtures. Within thirty (30) days after completion construed to provide any warranty, representation or other assurance of any Alterationkind as to the adequacy, Lesseequality or legality thereof or as to any other matter whatsoever, Lessee and Tenant shall provide Lessor with a complete set of "as built" plans be solely responsible for samesuch matters and shall indemnify, defend and hold Landlord harmless from and against all liability, damage, loss, claims, cost and expense (including reasonable attorneys’ fees) relating to any such work or other matters.

Appears in 2 contracts

Samples: Lease Agreement (Ex One Company, LLC), Lease Agreement (ExOne Co)

Alterations, Additions, and Improvements. No alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.,

Appears in 2 contracts

Samples: Informatica Corp, Informatica Corp

Alterations, Additions, and Improvements. No a) Tenant shall not make any improvements to the Premises without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, except for non-structural alterations or improvements which are not visible from the outside of the Building and which do not exceed One Million Dollars ($1,000,000) in the aggregate annually. Landlord shall respond to any request for approval of alterations or improvements requiring Landlord’s consent not later than ten (10) business days following receipt of request, and if Landlord fails to respond within such ten (10) business day period, then Tenant shall provide notice to Landlord of such failure and Landlord shall have a second period of five (5) business day period to respond to the request. If Landlord fails to respond within such second five (5) business day period, then Landlord shall be deemed to have consented to the applicable alteration or improvement. A response by Landlord seeking clarification of Tenant’s request shall not be deemed a failure to respond if delivered within the foregoing periods. Tenant shall promptly remove any alterations, additions, or improvements ("Alterations"constructed in violation of this Section 6.05(a) upon Landlord’s written request. All alterations, additions, and improvements shall be made to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) done in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together in conformity with all property that has become an integral part of the PremisesApplicable Laws, shall be and become the property of Lessor upon the expirationlien free, or sooner termination of the Leaseby a licensed contractor and, and if Landlord’s consent is required, approved by Landlord, which approval shall not be deemed trade fixturesunreasonably withheld, conditioned or delayed. Within thirty (30) days after Upon completion of any Alterationalterations, Lesseeadditions, Lessee or improvements by Tenant, Tenant shall provide Lessor Landlord with a complete set of "as built" plans ” plans, copies of all construction contracts and proof of payment for sameall labor and materials.

Appears in 2 contracts

Samples: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)

Alterations, Additions, and Improvements. No alterations, additions, or improvements ("Alterations") shall be made to the Premises or Common Areas by Lessee Tenant without the prior written consent of Lessor Landlord, which Lessor will shall not be unreasonably withholdwithheld, providedconditioned or delayed. Landlord may impose, howeveras a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, that Lessee such requirements as Landlord in its sole discretion may deem desirable, including the payment to Landlord of a construction management fee equal to two percent (2%) of the hard construction costs of constructing and installing the Alteration(s) in question (the “Landlord Supervision Fee”). The construction of the initial improvements to the Premises shall be governed by the terms of the Work Letter and not the terms of this Section 6.03. Notwithstanding the foregoing or anything to the contrary set forth herein, Tenant may, without Landlord’s prior written consent or the payment of a Landlord Supervision Fee, but upon not less than ten (10) days’ prior written notice to Landlord, make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect the Building systems, exterior appearance, structural integrity or any structural components or structural integrity and which of the Building, (b) are not visible from the exterior of the Building, (c) do not exceed collectively require a building permit, and (d) do not involve the expenditure of more than Fifty Thousand Dollars ($50,000.00) in any given instance or One Hundred Thousand Dollars ($100,000100,000.00) in cost within the aggregate during any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's Landlord’s obligation to consider any request for consent hereunder, Lessee shall Tenant hereby agrees to pay Lessor Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects architects, attorneys and others for reviewing plans and specifications and for costs incurred to third parties in connection with monitoring the construction of any proposed Alterations. Lessor Landlord may require Lessee Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition by pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written notice given on or before request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election to require removal of such Alterations, if at all, at the earlier of time consent to such Alterations is given. Notwithstanding the foregoing, in no event shall Tenant be required to remove any Tenant Improvements (ias defined in the Work Letter) from the Premises upon the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner earlier termination of this Lease unless those Alterations are Non-Standard Alterations. As used herein, the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.term “

Appears in 2 contracts

Samples: Work Letter Agreement (Cloudera, Inc.), Work Letter Agreement (Cloudera, Inc.)

Alterations, Additions, and Improvements. No alterations, ------------------------------------------------------ additions, or improvements ("Alterations") shall be made to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.

Appears in 2 contracts

Samples: At Home Corp, At Home Corp

Alterations, Additions, and Improvements. No alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee without the prior written consent of Lessor Lessor, which Lessor will not unreasonably withhold, condition or delay; provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components appearance or structural integrity of Building 10, involve penetration of either the ceiling or floor of Building 10 and which do not collectively exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's ’s prior written consent; provided, further, that Lessee gives Lessor prior notice of such alterations (which notice shall include the estimated value of such alterations) and such alterations are otherwise performed in accordance with the terms of this Lease. As a condition to Lessor's ’s obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable out of pocket costs and expenses of consultants, engineers, architects and others (exclusive of property management personnel for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. specifications.. Lessor may require Lessee to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before pursuant to the earlier terms of Section 17.09 hereof; provided that: (i) Lessor shall make such election, if at all, at the expiration time consent to such Alteration is given, if such election is requested in writing of Lessor at such time by Lessee, or if Lessor’s consent to such Alteration is not required, then Lessor shall make such election within 30 days following a written request of Lessor by Lessee, and (ii) in any event, at the end of the Lease Term or (ii) thirty (30) days after earlier termination prior to the expiration of the Lease Term of Lease, Lessee shall remove from the Lease or Premises the equipment listed as “Equipment To Be Removed” on Schedule 3 attached hereto (iii) thirty (30) days after a written request from Lessee for such notice from Lessor providedthe “Removal Obligations Schedule”), that, if Lessee requests same from and shall surrender to Lessor, and have no obligation to remove, the equipment listed as “Equipment Left In Place” on the Removal Obligations Schedule. Lessee shall furnish security or make other arrangement satisfactory to Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy to assure payment for the completion of all plans Alterations work free and specifications for the proposed Alteration whether it will require removalclear of liens. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, Lessor in compliance with all applicable law, and in good and workmanlike manner, and shall have been approved in writing by Redwood City and any other applicable governmental agencies, if so required. Any Alteration except furniture Such approvals shall not be unreasonably withheld, conditioned or delayed by Lessor. Except as is provided for in the Removal Obligations Schedule, subject to Lessor’s right to have Lessee retain ownership and remove same, any Alteration, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Lessee, together with all property that has become an integral part of the Premises such as fume hoods which penetrate the roof or plenum area, built-in cold rooms, built-in warm rooms, deionized water systems, glass washing equipment, autoclaves, chillers, built-in plumbing, electrical and mechanical equipment and systems and any power generator and transfer switches, shall not be deemed trade fixtures, fixtures and shall become the property of Lessor at the expiration, expiration or sooner termination of the Lease, unless Lessor directs otherwise, provided that . Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "both hard copies and CAD drawings of “as built" plans for same.

Appears in 2 contracts

Samples: And Attornment Agreement (Biotech Spinco, Inc.), Work Letter Agreement (PDL Biopharma, Inc.)

Alterations, Additions, and Improvements. No alterations(a) Except as set forth in this Section 10.1, additionsand subject to Section 9.1, or improvements ("Lessee may make any Alterations") , provided that they are consistent with the limitations on use contained in this Lease. Notwithstanding the foregoing, Lessee shall be made to the Premises by Lessee not, without the Lessor’s prior written consent of Lessor consent, which Lessor will shall not unreasonably withhold, providedcondition, howeveror delay, make any alterations or improvements to the Premises or the Hospital Assets (a) the financing and/or payments for which, in whatever form, including, without limitation, pursuant to any capital lease, loan or acquisition financing agreement, service agreement, or license agreement, extend beyond the expiration of this Lease in an amount that equals or exceeds twenty percent (20%) of the total acquisition, leasing, licensing, and/or service agreement costs for such Alteration or (b) that have a useful life (as determined in accordance with GAAP) that extends beyond the expiration of this Lease. It shall be reasonable for Lessor to withhold its consent for any Alterations to the Premises that would result in a debt, obligation, encumbrance, lien, etc., that Lessee may make Alterations which do (i) would constitute an Indenture as provided for hereunder or (ii) Lessor could not affect the Building systemsassume or accept upon expiration or earlier termination of this Lease without violating any law, exterior appearanceregulation, structural components ordinance, or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition ruling applicable to Lessor's obligation , Lessee, the Premises, or the assets, rights and interests to consider be conveyed to Lessor at Lease termination or expiration pursuant to Article XVII of this Lease, or to condition such consent on structuring any request capital expenditure for consent hereundersuch Alterations and any financing thereof, Lessee shall pay in such a manner so that Lessor upon demand could assume or accept same pursuant to Article XVII of this Lease without violating any such law, regulation, ordinance, or ruling. Commencing on the earliest to occur of (1) the date Lessor executes with a third party a new lease for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee Premises to remove any such Alterations at the be effective upon expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on this Lease, or before the earlier of (i2) the expiration of the Lease Term or date that is five (ii5) thirty (30) days after termination years prior to the expiration of the Lease Term without Lessee and Lessor having entered into an extension of the this Lease or (iii) thirty (30) days after a written request from Lessee new lease for such notice from Lessor provided, that, if Lessee requests same from Lessorthe Premises, Lessor will notify may withhold, condition, or delay any consent under this Section in Lessor’s sole and absolute discretion. If Xxxxxx is required to obtain Xxxxxx’s consent hereunder, Lessee within five (5) business days after receipt of Lessee's shall request such consent by written notice to Xxxxxx, which must be accompanied by detailed and a copy of all complete plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.

Appears in 2 contracts

Samples: Hospital Lease, Hospital Lease

Alterations, Additions, and Improvements. No (a) Tenant shall not make any alterations, additions or improvements to the Premises without Landlord’s prior written consent, which consent shall not be unreasonably withheld and shall be granted or denied within ten (10) business days, except for non-structural alterations, additions or improvements and which are not visible from the outside of the Building of which the Premises is part. Landlord may require Tenant to provide demolition and/or lien and completion bonds in form and amount reasonably satisfactory to Landlord and consistent with landlords of Comparable Buildings. Tenant shall promptly remove any alterations, additions, or improvements ("Alterations"constructed in violation of this Section 6.5(a) upon Landlord’s written request. All alterations, additions, and improvements shall be done in a good and workmanlike manner, in accordance with plans, specifications and drawings reasonably approved in writing by Landlord, and in conformity with all applicable rules, laws and regulations, and by a licensed contractor reasonably approved by Landlord which consent shall not be unreasonably withheld or conditioned by Landlord unless a Design Problem exists and shall be granted or denied within ten (10) business days. A “Design Problem” is defined as, and will be deemed to exist if such alteration will (i) adversely affect the exterior appearance of the Building; (ii) adversely affect the Building structure; (iii) adversely affect the Building systems in a non-de minimus manner; (iv) unreasonably interfere with any other occupant’s normal and customary office operation or rights under their lease(s); or (v) fail to comply with applicable laws; provided, however, notwithstanding that the following improvements might otherwise constitute a Design Problem (rolling file rooms, file rooms, libraries, interconnecting stairs and UPS unit(s)), Landlord shall not unreasonably withhold its consent to such improvements or alterations. Upon completion of any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, a certificate of completion by the architect who supervised the construction and proof of payment for all labor and materials including appropriate lien releases. Except for Landlord’s negligence or willful misconduct, Landlord shall have no responsibility or liability for any death or injury to persons, including but not limited to Tenant, Tenant’s officers, directors, members, employees, personnel, contractors, invitees and/or any third persons in or upon the real property of Landlord, or for damage to property caused by alterations, additions or improvements made to the Premises by Lessee without the Tenant, whether or not made pursuant to Landlord’s prior written consent of Lessor which Lessor will not unreasonably withholdas required herein, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove Tenant hereby indemnifies Landlord against any such Alterations at the expiration liability, obligation, cost or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for samearising therefrom.

Appears in 2 contracts

Samples: Work Letter Agreement (Ziprecruiter, Inc.), Work Letter Agreement (Ziprecruiter, Inc.)

Alterations, Additions, and Improvements. No alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Seventy-five Thousand Dollars ($100,00075,000) in cost within any twelve (12) month period, without Lessor's ’s prior written consent. As a condition to Lessor's ’s obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of third party consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's ’s request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.

Appears in 2 contracts

Samples: Sublease (PDL Biopharma, Inc.), Sublease (Biotech Spinco, Inc.)

Alterations, Additions, and Improvements. No Subject to the provisions of this Article IV, Lessees may make any alterations, additions, improvements or other changes to the Premises and the Relevant Assets as may be necessary or useful in connection with the operation of the Relevant Assets (collectively, the “Additional Improvements”). If such Additional Improvements require alterations, additions or improvements to the Premises or any of the Shared Access Facilities, Lessees shall notify Lessor in writing in advance and the parties shall negotiate in good faith any increase to the fees paid by Lessees under the Site Services Agreement by Lessees or otherwise provide for reimbursement of any material increase in cost ("Alterations"if any) to Lessor under the Site Services Agreement that results from any modifications to the Premises or the Shared Access Facilities necessary to accommodate the Additional Improvements, or as otherwise mutually agreed by the parties. Any alteration, addition, improvement or other change to the Premises, Relevant Assets or Additional Improvements (and, if agreed by Lessees and Lessor, to the Shared Access Facilities) by Lessees shall be made in a good and workmanlike manner and in accordance with all applicable Laws. The Relevant Assets and all Additional Improvements shall remain the property of Lessees and shall be removed by Lessees within one (1) year after termination of this Lease (provided that such can be removed by Lessees without unreasonable damage or harm to the Premises) or, at Lessees’ option exercisable by notice to Lessor, surrendered to Lessor upon the termination of this Lease. Lessees shall not have the right or power to create or permit any lien of any kind or character on the Premises by Lessee without reason of repair or construction or other work. In the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove event any such Alterations at lien is filed against the expiration Premises, Lessees shall cause such lien to be discharged or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) bonded within thirty (30) days after termination prior to the expiration of the Lease Term date of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for samefiling thereof.

Appears in 2 contracts

Samples: Lease and Access Agreement (Holly Corp), Lease and Access Agreement (Holly Energy Partners Lp)

Alterations, Additions, and Improvements. No Except for the Additional Tenant Improvements, Tenant shall not make any alterations, additionsadditions or improvements, structural or improvements otherwise ("the “Alterations") shall be made in or to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's Landlord’s prior written consent. As The plans and specifications for any approved Alterations shall be subject to Landlord’s prior written approval and once approved, shall not be materially changed without the Landlord’s prior written consent. Tenant shall provide Landlord with a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for copy of the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and estimated construction costs for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of workcommencing construction. All Alterations shall be designedmade promptly, constructed and installed at in a workmanlike manner, paid for by Tenant allowing no liens to attach either to the sole cost and expense of Lessee by California licensed architects, engineersPremises or to Tenant’s leasehold interest, and so as not to unreasonably disturb or inconvenience other tenants in the Building. Landlord shall have the right to require Tenant to provide such assurances as Landlord shall reasonably require (e.g., bonds, escrows, etc.) to protect Landlord against unpaid work and to require that any work be performed only by duly licensed contractors and subcontractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike mannerLandlord. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner Upon a termination of the Lease, unless Lessor directs otherwise, provided that Lessee Tenant shall retain title to provide Landlord with copies of all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend unexpired construction warranties related to the ceiling or connect Alterations, all of which shall be deemed assigned to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part Landlord. Unless otherwise noted in Landlord’s written approval of the PremisesAlteration, any Alteration shall remain and be surrendered with the Premises on expiration of the Lease. If Landlord’s approval of the Alteration provides that the Alteration is not to be surrendered, Tenant, at its sole cost, shall be remove that Alteration which is not to remain and become shall repair all damage to the property of Lessor upon the expiration, or sooner Premises caused by that removal. This obligation shall survive a termination of the Lease. Notwithstanding anything in this Lease to the contrary, Tenant shall be responsible for any ad valorem taxes or increase therein resulting from Alterations made by or at the direction of Tenant. The Landlord consents/approvals required under Section 7 shall not be unreasonably withheld, conditioned or delayed. Provided it is not in default under this Lease and makes any repairs to the roof caused by the removal, upon termination of this Lease Tenant, at its sole expense, shall be permitted to remove those items identified as trade fixtures (e.g., hoods, casework, and countertops) which are included in any Alterations. Tenant shall be permitted to remove the counters and hoods currently in the Premises (i.e., existing as of the Execution Date) and shall not be deemed trade fixtures. Within thirty (30) days after completion required to repair or replace such items at the end of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for samethe Term.

Appears in 2 contracts

Samples: Lease Agreement (Liquidia Technologies Inc), Lease Agreement (Liquidia Technologies Inc)

Alterations, Additions, and Improvements. No (a) Tenant shall not make any structural alternations, additions or improvements to the Premises without written consent of Landlord, which consent shall not be unreasonably withheld. In addition, no such work shall be performed unless and until Landlord shall have approved all plans and specifications therefore. Tenant shall submit plans and specifications depicting its proposed, structural work to Landlord for review and approval, which shall be deemed given unless Tenant is advised otherwise within twenty (20) days after the submission thereof. All such structural alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, thatimprovements, if Lessee requests same from Lessoragreed to, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans all applicable laws and specifications which regulations and shall remain for the benefit of Landlord after the Term, and Tenant shall not have been furnished any obligation to and approved by Lessor in writing prior remove the same. Prior to the commencement of work. All Alterations shall be designedany such work or the delivery of any materials, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, supplies or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title equipment to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, all contractors shall have duly and effectively waived any right of such contractor and its subcontractors to claim or file a mechanic’s or materialman’s lien against the Premises or any portion thereof or interest therein with respect to all work, materials, supplies and equipment at any time performed or supplied, to the Premises or any portion thereof. Tenant acknowledges and agrees that any approval which, Landlord may give with respect to any work to be performed by or on behalf of the Tenant under this Paragraph or any other provision of this Lease, or with respect to any contractors or subcontractors to perform the same, or with respect to any plans or specifications related thereto shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, solely for Landlord’s own protection and shall not be deemed trade fixtures. Within thirty (30) days after completion construed to provide any warranty, representation or other assurance of any Alterationkind as to the adequacy, Lesseequality or legality thereof or as to any other matter whatsoever, Lessee and Tenant shall provide Lessor with a complete set of "as built" plans be solely responsible for samesuch matters and shall indemnify, defend and hold Landlord harmless from and against all liability, damage, loss, claims, cost and expense (including reasonable attorneys’ fees) relating to any such work or other matters.

Appears in 2 contracts

Samples: Lease Agreement (ExOne Co), Lease Agreement (Ex One Company, LLC)

Alterations, Additions, and Improvements. No Lessee shall not make any alterations, additions, additions or improvements ("Alterations") shall be made on or to the Premises by Lessee premises without first obtaining the prior written consent of Lessor Lessor, which Lessor will consent shall not be unreasonably withholdwithheld, provided, however, except that Lessee may (without such notice, consent, etc.) make Alterations which any non-structural alterations, additions or changes to the premises reasonably related to the Contemplated Uses, including, without limitation, installing and replacing signs, redecorating, making improvements that do not affect the Building systemseffect load-bearing walls, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consentreconfiguring non-load-bearing walls. As a condition to Lessor's obligation to consider any request for consent hereunder, Any work performed by Lessee shall pay be at Lessee’s expense, and Lesee shall use contractors or mechanics first approved by Lessor for any structural or building-system work, such approval shall not be unreasonably withheld. All fixtures and all paneling, partitions, railing and like installations, installed in the premises at any time by Lessee shall, upon demand for installation, become the reasonable costs property of Lessor and expenses of consultantsshall remain upon and be surrendered with the leased premises unless, engineersas to any items installed after the date hereof, architects and others for reviewing plans and specifications and for monitoring Lessor, by notice to lessee not later than twenty days prior to the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at date fixed as the expiration or termination of the Lease Term lease, elects to relinquish Lessor’s rights thereto and to restore have them removed by Lessee, in which event, the Premises to their prior condition same shall be removed from the premises by written notice given Lessee on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to lease, at Lessee’s expense. Nothing contained in this provision shall prevent Lessee from removing all office furniture and machines, equipment, and trade fixtures customarily used in the expiration business of the Lease Term of Lessee, and any other property and fixtures which are Acquired Assets (as defined in the Lease or (iii) thirty (30) days after a written request from Purchase Agreement). Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of agrees that all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises work performed under this article shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable lawlaws, including all applicable laws, regulations, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination codes of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture city of Norwalk and trade fixtures placed on any other governmental entity with jurisdiction over the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for samepremises.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Trudy Corp), Limited Liability Company Agreement (Trudy Corp)

Alterations, Additions, and Improvements. No alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's ’s prior written consent. As a condition to Lessor's ’s obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's ’s request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.

Appears in 2 contracts

Samples: Agreement and Certificate (Openwave Systems Inc), Agreement and Certificate (Openwave Systems Inc)

Alterations, Additions, and Improvements. No Tenant may, in its sole discretion and without the prior consent of Landlord, make any alterations, additions, additions or improvements ("collectively, “Alterations") in or to the Premises. All such Alterations shall be made performed by Tenant in a good and workmanlike manner and comply with all Requirements. Tenant’s contractor shall obtain all applicable building and occupancy permits required by law. Tenant agrees to indemnify Landlord and hold it harmless against any loss, liability or damage resulting from such work. Notwithstanding anything to the contrary set forth in this Lease, Landlord will not make any Alterations in or to the Premises by Lessee without the prior written consent of Lessor which Lessor will Tenant. All Alterations and systems installed in or attached to the Premises by Tenant (including, by way of illustration and not unreasonably withholdby limitation, providedall partitions, howeverpaneling, that Lessee may make Alterations which do not affect the Building carpeting, window coverings and light fixtures, but excluding all improvements, fixtures, equipment and other personal property relating to Gaia Sphere, including without limitation all studio equipment, camera equipment, lighting, sound systems, exterior appearancesound boards, structural components or structural integrity Whisper Wall panels, wiring and which do not exceed collectively One Hundred Thousand Dollars cables ($100,000the “Gaia Sphere Property”)) in cost within any twelve (12) month periodshall, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or earlier termination of this Lease, belong to and become the property of Landlord without any payment from Landlord and shall be surrendered by Tenant in good order and condition as part of the Premises upon the expiration or sooner termination of the Lease Term Term. For the avoidance of doubt, Tenant shall not be required to remove such Alterations and to systems or restore the Premises to their prior condition original condition, but Tenant may, at its option, remove the Gaia Sphere Property. Tenant shall keep the Premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by written notice given on Tenant. Tenant’s obligations regarding liens shall be satisfied if during any period that a lien is disputed Tenant provides a bond (or before other similar security) in a manner sufficient to release the earlier of (i) lien from title to the expiration Property in an amount equal to one and one-half times the amount of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor providedclaim, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be costs and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for sameinterest.

Appears in 1 contract

Samples: Master Lease Agreement (Gaia, Inc)

Alterations, Additions, and Improvements. No alterations, ------------------------------------------------------ additions, or improvements ("Alterations") shall be made to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the any Building systemssystem, exterior appearance, structural components or structural integrity and which do not exceed exceed, with respect to each Building, collectively One Hundred Fifty Thousand Dollars ($100,00050,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term Term, or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease Lease, or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been reasonably approved by LessorLessor and such approval will not be unreasonably withheld) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty sixty (3060) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.

Appears in 1 contract

Samples: Lease (Interwoven Inc)

Alterations, Additions, and Improvements. No Tenant shall not create any openings in the roof or exterior walls or make any alterations, additions, additions or improvements ("Alterations") shall be made to the Demised Premises by Lessee without the prior written consent of Lessor which Lessor will Landlord. Consent for structural and non-structural alterations, additions or improvements shall not be unreasonably withhold, provided, however, withheld by Landlord. Landlord hereby agrees that Lessee Tenant may make Alterations which do alter the office area of the Demised Premises at Tenant's expense in such manner as Tenant shall require ("Tenant Improvements ) Notwithstanding anything to the contrary contained herein. Tenant shall not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee be obligated to remove any such Alterations at the Tenant Improvements or restore the office area to its previous condition upon termination of this Lease. Tenant may erect or install trade fixtures, shelves, bins, machinery, heating, ventilating and air conditioning equipment, and provided that Tenant complies with all applicable governmental laws ordinances, codes, and regulations. At the expiration or termination of this lease Tenant shall subject to the Lease Term and restrictions of Section 7.05 below have the right to restore remove items installed by Tenant, provided Tenant is not in default at the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration time of the Lease Term or (ii) thirty (30) days after termination prior to removal and provided further that Tenant shall at the expiration time of removal of the Lease Term of the Lease or (iii) thirty (30) days after items, repair in a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike mannermanner any damage caused by the installation or removal. Any Alteration except furniture and trade fixturesTenant shall pay for all costs incurred or arising out of alterations, shall become the property of Lessor at the expiration, additions or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend improvements in or to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, Demised Premises and shall not permit any mechanics or materialmans lien to be deemed trade fixturesfiled against the Demised Premises or the Property. Within thirty (30) days after completion Upon request by Landlord Tenant shall deliver to Landlord proof of payment reasonably satisfactory to Landlord of all costs incurred or arising out of any Alterationalterations, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for sameadditions or improvements.

Appears in 1 contract

Samples: Commercial Lease Agreement (Performance Printing Corp)

Alterations, Additions, and Improvements. No (a) Tenant shall not permit the Leased Premises to be used for any purpose other than that stated in Section 2.2 hereof, or make or allow to be made any alterations, additionsphysical additions or improvements in or to the Leased Premises, or improvements ("Alterations") shall be made to place signs on or in the Leased Premises by Lessee which are visible from outside the Leased Premises, without first obtaining the prior written consent of Lessor Landlord (which Lessor consent may be withheld in Landlord's sole discretion). Notwithstanding the foregoing, Landlord will not unreasonably withholdwithhold its consent to alterations, providedphysical additions or changes to the Leased Premises that do not adversely affect the Building structural, howevermechanical, that Lessee may make Alterations which electrical, plumbing, heating, ventilating, air conditioning, life safety or other base Building improvements or systems, provided such changes (i) are not visible from the exterior of the Leased Premises or the Building, (ii) do not affect the exterior of the Building, the structure of the Building systemsor any public areas of the Project, exterior appearance, structural components or structural integrity and which (iii) do not exceed collectively One Hundred Thousand Dollars violate any provision of this Lease, ($100,000iv) in cost within do not violate any twelve Legal Requirements, and (12v) month periodwill not interfere with the use and occupancy of any other portion of the Project by any other tenant or occupant of the Project. If Landlord consents to said alterations, improvements, or additions, or placement of signs, Landlord may impose such conditions with respect thereto as are reasonably appropriate, including without Lessor's prior written consent. As a condition limitation, requiring Tenant to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand furnish Landlord with security for the reasonable payment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, plans and expenses of consultantsspecifications, engineers, architects and others permits for reviewing such work. Tenant's plans and specifications and construction means and methods shall be subject to Landlord's written approval. Tenant shall furnish to Landlord any documents and information requested by Landlord in connection with the exercise of its rights hereunder. Landlord may hire outside consultants to review such documents and information furnished to Landlord and Tenant shall reimburse Landlord for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) cost thereof, including reasonable attorneys' fees, within thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for samedemand.

Appears in 1 contract

Samples: Lease Agreement (FSP Phoenix Tower Corp)

Alterations, Additions, and Improvements. No 4. Tenant will not make or allow to be made any alterations, additions, or improvements ("Alterations") in or to the Demised Premises without the written consent of Landlord before performance; such consent will not be unreasonably withheld, but Landlord may impose, as a condition of such consent, such requirements as Landlord in its sole discretion may deem reasonable or desirable, including, without limiting the generality of the foregoing, requirements as to the manner in which, the time or times at which, and the contractor by whom such work shall be done. Tenant shall not incorporate any hazardous materials (as hereinafter defined) into the Demised Premises during the performance of the alterations, additions, or improvements. All alterations, additions, or improvements when made to the Demised Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises Tenant shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished surrendered to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be Landlord and become the property of Lessor Landlord upon the expirationtermination in any manner of this Lease, but this clause shall not apply to movable non-attached fixtures or furniture of Tenant. If, however, prior to termination of this Lease, or sooner termination within fifteen (15) days thereafter, Landlord so directs by written notice to Tenant, Tenant shall promptly remove such alterations, additions, or improvements, which were placed in or on the Demised Premises by Tenant and which are designated in said notice and shall repair any damage occasioned by such removal and in default thereof Landlord may effect said removals and repairs at Tenant's sole cost and expense. All work with respect to alterations, additions, and improvements must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the improvements on the Demised Premises shall at all times be a complete unit except during the period of work. Any such alterations, additions and improvements shall be performed and done strictly in accordance with the laws and ordinances relating Revised 3/90 2 4 Underwriters, Fire Rating Bureau, or similar organization. Tenant shall obain at its sole cost and expense all required licenses and permits. In performing the work of any such alterations, additions or improvements, Tenant shall have the work performed in such a manner so as not to obstruct the access to the Building or the demised premises of any other tenant. Before commencing any such work or construction in or about the Demised Premises, Tenant shall notify Landlord in writing of the Leaseexpected date of commencement thereof. Landlord shall have the right at any time and from time to time to post and maintain on the Demised Premises such notices as Landlord deems necessary to protect the Demised Premises and Landlord from the liens of mechanics, laborers, materialmen, suppliers or vendors. If any mechanic's lien is filed against the Demised Premises or the real estate of which the Demised Premises form a part, which lien concerns the Tenant and/or the Demised Premises, Tenant shall cause same to be discharged within ten (10) days after the lien is filed by Tenant paying or bonding over said lien. Notwithstanding the foregoing, Tenant shall use Landlord's contractors for alterations to or alterations affecting any of the following: heating, ventilation, air conditioning, electrical, plumbing and life safety systems. Tenant shall not promptly pay to Landlord's contractors, when due, the cost of all such alterations. Tenant shall also pay to Landlord a fifteen percent (15%) administrative fee to reimburse Landlord for all overhead, general conditions, fees and other costs and expenses arising from the involvement of Landlord or landlord's agent with the alterations. Said percentage shall be deemed trade fixtures. Within payable within thirty (30) days after completion of the alterations. LEGAL USE AND VIOLATIONS OF INSURANCE COVERAGE 5. Tenant will not occupy or use, nor permit any Alterationportion of the Demised Premises to be occupied or used for any business or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner, Lesseeor extra hazardous on account of fire, Lessee nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents, and in the event that, by reason of acts of Tenant, there shall provide Lessor with be any increase in rate of insurance on the Building or contents created by Tenant's acts or conduct of business, then Tenant hereby agrees to pay such increase. Nor will Tenant use or occupy the Premises or permit the same to be used for any purpose whatsoever other than the Permitted Use defined herein. Tenant acknowledges and understands that the proper tenant mix of the Office Building is essential to the successful operation of the Office Building and that the restriction against the unauthorized use of the premises is not intended to act as a complete set of "as built" plans for same.restraint on trade but to protect and insure the correct tenant mix. LAWS AND REGULATIONS

Appears in 1 contract

Samples: Lease Agreement (Credit Management Solutions Inc)

Alterations, Additions, and Improvements. No alterations, additions, or improvements ("AlterationsALTERATIONS") shall be made to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold, condition or delay, provided, however, that Lessee may make Alterations (including removal and rearrangement of Tenant Improvements and prior Alterations) which do not affect the Building 8 systems, exterior appearance, structural components or structural integrity integrity, which do not require a building permit and which do not exceed collectively One Hundred Twenty Five Thousand Dollars ($100,00025,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations, and if consent is granted, within ten (10) days after Lessee executes a construction contract for the Alterations, a construction management fee equal to one percent (1%) of all costs of demolition, construction and installation of any Alterations; the fee shall be adjusted on thirty (30) days notice after cancellation of the Alterations and a determination of final costs of same, which Lessee shall provide to Lessor along with all supporting documentation within said thirty (30) days. Lessor may require Lessee to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) ninety (90) days prior to the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request for consent and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be 18 designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture Such approvals shall not be unreasonably withheld, conditioned or delayed by Lessor. Subject to Lessor's right to have Lessee retain ownership and trade fixturesremove same, shall become the property of Lessor at the expirationany Alteration, or sooner termination of the Leaseincluding, unless Lessor directs otherwisewithout limitation, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, heating, ventilation, air conditioning, conditioning (other then air handling equipment which is part of the Laboratory Facilities) and full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building wallswalls or other movable furniture), drapery and carpeting installations made by Lessee Lessee, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Lessor upon at the expiration, expiration or sooner termination of the Lease, unless Lessor directs otherwise. Lessee shall retain title to all furniture and shall not be deemed trade fixturesfixtures placed on the Premises. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same. The initial Tenant Improvements shall not be deemed "Alterations."

Appears in 1 contract

Samples: Work Letter Agreement (Arqule Inc)

Alterations, Additions, and Improvements. No alterations, additions, (a) Tenant shall not make or improvements ("Alterations") shall allow to be made any alterations or additions in or to the Leased Premises by Lessee without first obtaining the prior written consent of Lessor which Lessor will not unreasonably withhold, Landlord; provided, however, that Lessee may make Alterations which do Tenant may, without Landlord's consent, perform interior non-structural alterations or additions not affect involving material modifications to the Building systemsand its mechanical, exterior appearanceelectrical, structural components HVAC and life safety systems so long as (i) for alterations or structural integrity and which do additions requiring government permits, the cost thereof during any calendar year does not exceed collectively One Hundred Ten Thousand Dollars ($100,00010,000.00) during any calendar year, or (ii) for alterations or additions not requiring government permits, the cost thereof during any calendar year does not exceed Forty Thousand Dollars ($40,000.00). Landlord's consent will not be unreasonably withheld with respect to proposed alterations and additions which (i) comply with all applicable laws, ordinances, rules and regulations; (ii) are compatible with and does not adversely affect the Building and its mechanical, electrical, HVAC and life safety systems; (iii) will not affect the structural portions of the Building; (iv) will not interfere with the use and occupancy of any other portion of the Building by any other tenant, its employees or invitees; and (v) will not trigger any additional costs to Landlord. Specifically, but without limiting the generality of the foregoing, Landlord's right of consent shall encompass plans and specifications for the proposed alterations or additions, construction means and methods, the identity of any contractor or subcontractor to be employed on the work of alterations or additions, and the time for performance of such work. Tenant shall supply to Landlord any additional documents and information requested by Landlord in cost within any twelve (12) month periodconnection with Tenant's request for consent hereunder. Notwithstanding anything to the contrary contained in the paragraph, without Lessor's prior written consent. As a condition to Lessor's obligation to consider in connection with any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor Tenant may request that Landlord advise Tenant whether or not Landlord will require Lessee Tenant to remove any such Alterations the alteration at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior Lease. Unless Landlord advises Tenant in writing that Landlord will not require Tenant to remove such alteration at the expiration of the Lease Term of Lease, the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises parties agree that Tenant shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished obligated to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed remove such alteration at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination expiration of the Lease. Further, unless Lessor directs otherwise, provided Landlord acknowledges that Lessee shall retain title Tenant will not be required to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend remove any Tenant Improvements to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Leased Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.

Appears in 1 contract

Samples: Evolve Software Inc

Alterations, Additions, and Improvements. No Lessee, for and in consideration of this Lease and the demise of the said Premises, hereby agrees and covenants with Lessor that Lessee shall not make or suffer or permit to be made, any alterations, additions, or improvements ("Alterations") shall be made to whatsoever in or about the said Demised Premises by Lessee without first obtaining the prior written consent of Lessor therefore, which Lessor will shall not be unreasonably withholdwithheld, conditioned or delayed; provided, however, that such consent, if given, shall be subject to the express condition that any and all alterations, additions, and improvements shall be done at Lessee's own expense and in accordance and compliance with all applicable municipal, state and federal ordinances, laws, rules and regulations, and that Lessee may make Alterations hereby covenants and agrees with Lessor that in doing and performing such work Lessee shall do and perform the same at Lessee's own expense, in conformity and compliance with all applicable municipal, state, and federal ordinances, laws, rules, and regulations, and that no liens of mechanics, materialmen, laborers, architects, artisans, contractors, sub-contractors, or any other lien of any kind whatsoever shall be created against or imposed upon the said Demised Premises, or any part thereof, and that Lessee shall indemnify and save harmless Lessor from any and all liability and claims for damages of every kind and nature which do not affect might be made, or from judgments rendered against Lessor or against said Demised Premises on account of or arising out of such alterations, additions, or improvements performed by or on behalf of Lessee. Notwithstanding the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunderforegoing, Lessee shall pay Lessor upon demand for have the reasonable costs and expenses right, without the consent of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made make such nonstructural alterations or modifications to the Premises as Lessee shall desire provided that all such alterations shall be made under the supervision of performed in a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) lien free manner and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable lawlaws. If the Lessor shall give consent to Lessee for any alterations, and in good and workmanlike manner. Any Alteration except furniture and trade fixturesadditions or improvements, shall become the property of Lessor at the expirationthen before proceeding with or causing any such work to begin, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture procure and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Leasemaintain, and shall not be deemed trade fixtures. Within thirty (30) days after completion cause such contractors and subcontractors engaged by or on behalf of Lessee to procure and maintain insurance coverage against such risks, in such amounts as Lessor may reasonably require in light of the scope of the proposed work, in connection with any Alterationsuch alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for sameaddition or improvement.

Appears in 1 contract

Samples: Stock Purchase Agreement (Tattooed Chef, Inc.)

Alterations, Additions, and Improvements. No alterations(a) Except as set forth in this Section 10.1, additionsand subject to Section 9.1, or improvements ("Lessee may make any Alterations") , provided that they are consistent with the limitations on use contained in this Lease. Notwithstanding the foregoing, Lessee shall be made to the Premises by Lessee not, without the Lessor’s prior written consent of Lessor consent, which Lessor will shall not unreasonably withhold, providedcondition, howeveror delay, make any alterations or improvements to the Premises or the Hospital Assets (a) the financing and/or payments for which, in whatever form, including, without limitation, pursuant to any capital lease, loan or acquisition financing agreement, service agreement, or license agreement, extend beyond the expiration of this Lease in an amount that equals or exceeds twenty percent (20%) of the total acquisition, leasing, licensing, and/or service agreement costs for such Alteration or (b) that have a useful life (as determined in accordance with GAAP) that extends beyond the expiration of this Lease. It shall be reasonable for Lessor to withhold its consent for any Alterations to the Premises that would result in a debt, obligation, encumbrance, lien, etc., that Lessee may make Alterations which do (i) would constitute an Indenture as provided for hereunder or (ii) Lessor could not affect the Building systemsassume or accept upon expiration or earlier termination of this Lease without violating any law, exterior appearanceregulation, structural components ordinance, or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition ruling applicable to Lessor's obligation , Lessee, the Premises, or the assets, rights and interests to consider be conveyed to Lessor at Lease termination or expiration pursuant to Article XVII of this Lease, or to condition such consent on structuring any request capital expenditure for consent hereundersuch Alterations and any financing thereof, Lessee shall pay in such a manner so that Lessor upon demand could assume or accept same pursuant to Article XVII of this Lease without violating any such law, regulation, ordinance, or ruling. Commencing on the earliest to occur of (1) the date Lessor executes with a third party a new lease for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee Premises to remove any such Alterations at the be effective upon expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on this Lease, or before the earlier of (i2) the expiration of the Lease Term or date that is five (ii5) thirty (30) days after termination years prior to the expiration of the Lease Term without Lessee and Lessor having entered into an extension of the this Lease or (iii) thirty (30) days after a new lease for the Premises, Lessor may withhold, condition, or delay any consent under this Section in Lessor’s sole and absolute discretion. If Lessee is required to obtain Lessor’s consent hereunder, Lessee shall request such consent by written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from to Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request which must be accompanied by detailed and a copy of all complete plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.

Appears in 1 contract

Samples: Hospital Lease

Alterations, Additions, and Improvements. No alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee Tenant without the prior written consent of Lessor Landlord, which Lessor will shall not be unreasonably withholdwithheld, conditioned or delayed; provided, however, that Lessee Tenant, without Landlord’s prior written consent, but upon not less than ten (10) business days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not adversely affect any systems or equipment of the Building, Lot 1 or the Project, (b) do not adversely affect the Building systems, exterior appearance, structural integrity or any structural components of the Building, Lot 1 or structural integrity the Project, and which (c) do not exceed collectively One Hundred involve the expenditure of more than Seventy-Five Thousand and No/100 Dollars ($100,00075,000.00) in cost within the aggregate during any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's Landlord’s obligation to consider any request for consent hereunder, Lessee shall Tenant hereby agrees to pay Lessor Landlord upon demand for the reasonable out-of-pocket third party costs and expenses of consultants, engineers, architects and others for reviewing reasonable review of plans and specifications and for monitoring the construction of any proposed Alterations. Lessor Landlord may require Lessee Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof by providing written notice given on or before to Tenant at the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior time Landlord responds to Tenant’s request for Landlord’s consent to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether Alteration. If Landlord states in its response that it will not require removal, then Tenant shall not be required to remove the applicable Alterations. All Alterations to be made to the Premises shall be designed by and made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by LessorLandlord, with such approval not being unreasonably withheld, conditioned or delayed) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor Landlord in writing prior to commencement of work. All Alterations shall be designed, constructed and installed installed, at the sole cost and expense of Lessee Tenant, by California licensed architects, engineers, and contractors approved by LessorLandlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth in Schedules One and Two thereof, along with all applicable lawlaws and any relevant LEED Certification Requirements, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies, to the extent such approval is required. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain title to ownership thereof), all furniture and trade fixtures placed on the Premises. All heatingAlterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning, conditioning and full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls)partitioning, drapery and carpeting installations made by Lessee Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Lessor upon Landlord at the expiration, expiration or sooner termination of the Lease, . Tenant shall retain title to all furniture and shall not be deemed trade fixturesfixtures placed on the Premises. Within thirty (30) days after completion of any AlterationAlterations, Lessee, Lessee Tenant shall provide Lessor Landlord with (A) a complete set of "both hard copies and CAD drawings of “as built" plans for samesuch Alterations, and (B) a statement of all final costs of design, demolition, construction and installation of such Alterations.

Appears in 1 contract

Samples: Triple Net Space Lease (Rambus Inc)

Alterations, Additions, and Improvements. No Tenant shall not create any openings in the roof or exterior walls, or make any alterations, additions, additions or improvements ("Alterations") shall be made to the Premises by Lessee demised premises without the prior written consent of Lessor which Lessor will Landlord. Consent for non-structural alterations, additions or improvements shall not be unreasonably withholdwithheld by Landlord. Tenant shall have the right to erect or install shelves, providedbins, howevermachinery, air-conditioning or heating equipment and trade fixtures, provided that Lessee may make Alterations which do Tenant complies with all applicable governmental laws, ordinances and regulations. At the expiration or termination of this lease, Tenant shall have the right to remove such items so installed, provided Tenant is not affect in default at the Building systemstime of such removal and provided further that Tenant shall, exterior appearanceat the time of removal of such items, structural components repair in a good and workmanlike manner any damage caused by installation or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consentremoval thereof. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee Tenant shall pay Lessor upon demand for all costs incurred or arising out of alterations, additions or improvements in or to the reasonable demised premises and shall not permit a mechanic's or materialman's lien to be asserted against the demised premises. Upon request by Landlord, Tenant shall deliver to Landlord proof of payment reasonably satisfactory to Landlord of all costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction incurred or arising out of any proposed Alterationssuch alterations, additions or improvements, and lien waivers. Lessor may require Lessee All alterations, additions or improvements in or to remove any such Alterations the demised premises shall become the property of Landlord at the expiration or termination of this lease, however, Landlord may direct the Lease Term and to restore the Premises to their prior condition removal of alterations, additions or improvements by giving written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination to Tenant prior to the expiration or termination of this lease. At the Lease Term direction of Landlord, Tenant shall promptly remove all alterations, additions and improvements and any other property placed in the Lease or (iii) thirty (30) days after demised premises by Tenant and Tenant shall repair in a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made manner any damage caused by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for samesuch removal.

Appears in 1 contract

Samples: Commercial Lease Agreement (Carpenter W R North America Inc)

Alterations, Additions, and Improvements. No (a) Except for racking systems and except for non-structural alterations made after the Commencement Date and which do not exceed Ten Thousand and No/100 Dollars ($10,000.00) in cost cumulatively over the Lease Term, Tenant shall not make any alterations, additions, or improvements ("Alterations") shall be made improvements, including Tenant's Improvements, as defined in the Rider to this Lease to the Premises by Lessee Property without the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without LessorLandlord's prior written consent, which shall not be unreasonably withheld, conditioned or delayed. As a condition Landlord shall not be required to Lessor's obligation notify Tenant of whether it consents to consider any request for consent hereunderalterations, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing additions or improvements until it (a) has received plans and specifications and for monitoring the therefor which are sufficiently detailed to allow construction of any proposed Alterationsthe work depicted thereon to be performed in a good xxxxxxx-like manner, and (b) has had a commercially reasonable opportunity to review them. Lessor may require Lessee Landlord shall provide a response to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written Tenant's request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after upon receipt of Lessee(a) above, and Landlord's failure to respond within the five (5) business day period shall be deemed by its approval of the same. If Landlord shall disapprove a request by Tenant, Landlord shall within two (2) business days deliver to Tenant why and a copy in reasonable detail approval was denied. Tenant, at its sole cost and expense, may from time to time install, and if so installed, shall maintain, rooftop communication equipment (to include antennae and/or satellite dishes if screened from view), and rooftop refrigeration, heating, ventilation and air conditioning equipment, subject to the prior written approval of all plans Landlord and specifications its consultants in their reasonable discretion as to the size, number and location of same and subject to applicable recorded restrictions and rules and regulations of Newpoint Owner's Association and applicable governmental authorities. Tenant shall utilize Landlord's roofing contractor for the proposed Alteration whether it will require removal. All Alterations to be supervision and/or approval of any penetrations made to the Premises roof, but Tenant shall not be obligated to pay Landlord any fees for the management or oversight of such work. Tenant may erect shelves, bins, machinery and trade fixtures provided that such items (1) do not alter the basic character of the Property or the Building; (2) do not overload or damage the same; and (3) may be removed without irreparable damage to the Property. Landlord may require Tenant to provide demolition and/or lien and completion bonds in form and amount satisfactory to Landlord. Tenant shall promptly remove any alterations, additions, or improvements constructed in violation of this Paragraph 6.06(a) upon Landlord's written request. All alterations, additions, and improvements shall be made under the supervision of done in a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together in conformity with all property that has become an integral part of the Premises, shall be applicable laws and become the property of Lessor upon the expiration, or sooner termination of the Leaseregulations, and shall not be deemed trade fixturesby a contractor reasonably approved by Landlord. Within thirty (30) days after Upon completion of any Alterationsuch work, Lessee, Lessee Tenant shall provide Lessor Landlord with a complete set of "as built" plans plans, copies of all construction contracts, and proof of payment, including lien waivers, for sameall labor and materials.

Appears in 1 contract

Samples: Lease Agreement (Homegrocer Com Inc)

Alterations, Additions, and Improvements. No Lessee covenants and agrees not to permit the Leased Premises to be used for any purpose other than that stated in the Use clause hereof, or make or allow to be made any alternations or physical additions in or to the Leased Premises which are in each instance in excess of Ten Thousand and No/100 Dollars ($10,000.00) or make any material alterations to the structural, mechanical or electrical components serving the Leased Premises without first obtaining the written consent of Lessor, which written consent shall not be unreasonably withheld or delayed. Any and all permanent alterations, additions, or and improvements ("Alterations"including without limitation, partitions, wall-to-wall carpeting, paneling, wall coverings and any other article permanently attached or affixed to the floor, wall, or ceiling of the Building, but excluding Lessee's unattached and removable trade fixtures, office supplies, furniture and equipment) shall be made to immediately upon the Premises by Lessee without installation or construction thereof, or attachment or affixing thereto, become the prior written consent property of Lessor which Lessor will not unreasonably withholdLessor, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without at Lessor's prior written consent. As option, and if costing in excess of $10,000 or constituting a condition to Lessor's obligation to consider any request for consent hereundermaterial alteration, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing (i) be installed in accordance with plans and specifications approved in advance by Lessor, (ii) be installed strictly in accordance with all laws and for monitoring ordinances relating thereto, and (iii) remain upon and be surrendered with the construction Leased Premises as a part thereof at the expiration or sooner termination of this Lease, Lessee hereby waiving all rights to any proposed Alterationspayment, credit or compensation therefor. Lessor Lessee may require Lessee remove its removable trade fixtures, office supplies, furniture, inventory, raw materials and equipment provided (a) such removal is made prior to remove any such Alterations at the expiration or termination of the Lease Term Term; and (b) Lessee promptly repairs all damage caused by such removal in a good and workmanlike manner using materials of similar quality to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination those being repaired prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the LeaseLease Term, unless Lessor directs otherwiseand if Lessee fails to remove the same prior to the expiration or termination of the Lease Term, provided that Lessee shall retain title to all such unattached and removable trade fixtures, office supplies, furniture and trade fixtures placed on equipment, at the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part election of the PremisesLessor, shall be and automatically become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, LesseeLessor, Lessee shall provide hereby waiving all right to any payment, credit or compensation therefor and all rights thereto, unless the failure to remove such items is subject to an agreement between Lessor with and Lessee or is as a complete set result of "as built" plans for Lessor's taking possession of same or denying access to same.

Appears in 1 contract

Samples: Lease Contract (Charys Holding Co Inc)

Alterations, Additions, and Improvements. No 8.1. The Tenant shall not make any alterations, additionsadditions or improvements, structural or improvements otherwise (the "Alterations"'') shall be made in or to the Premises by Lessee in excess of ten thousand dollars ($10,000) in the aggregate, over the Term, without the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without LessorLandlord's prior written consent. As Notwithstanding the preceding to the contrary, the Tenant shall be permitted to make non-structural, below ceiling grid Alterations (provided they do not exceed $10,000.00, in the aggregate, over the Term) without the Landlord's prior consent. The plans and specifications for any approved Alterations shall be subject to the Landlord's prior written approval and once approved, shall not be materially changed without the Landlord's prior written consent. Even if the Alterations do not require the Landlord's prior written consent, the Tenant shall provide the Landlord with a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for copy of the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and estimated construction costs for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removalcommencing construction. All Alterations to Alterations, whether requiring consent or not, shall be made promptly, in a workmanlike manner, paid for by the Tenant allowing no liens to attach either to the Premises or to the Tenant's leasehold interest and so as not to unreasonably disturb or inconvenience other tenants in the Building. The Landlord shall have the right to require the Tenant to provide such assurances as the Landlord shall reasonably require (e.g., bonds, escrows, etc.) to protect the Landlord against unpaid work and to require that any work be made under the supervision of a competent, California performed only by duly licensed architect and/or competent California licensed structural engineer (each of whom has been contractors and subcontractors approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of workthe Landlord. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner Upon a termination of the Lease, unless Lessor directs otherwisethe Tenant shall provide the Landlord with copies of all unexpired construction warranties, provided that Lessee if any exist, related to the Alterations, all of which shall retain title be deemed assigned to all furniture and the Landlord. Unless otherwise noted in the Landlord's written approval of the Alteration, any Alteration, other than the Tenant's trade fixtures placed and movable furnishings, shall remain and be surrendered with the Premises on expiration of the PremisesLease. All heatingIf the Landlord's approval of the Alteration provides that the Alteration is not to be surrendered, lightingthe Tenant, electricalat its sole cost, shall remove that Alteration which is not to remain and shall repair all damage to the Premises caused by that removal. In no event, however, shall the Tenant remove any of the following materials or equipment (which shall be deemed to be the Landlord's property) without the Landlord's prior written consent: any power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; heaters, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling conditioners or connect to Building walls), drapery any other heating or air conditioning equipment; or other similar building operating equipment and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, decorations. This removal/repair obligation shall be and become the property of Lessor upon the expiration, or sooner survive a termination of the Lease. Notwithstanding anything in this Lease to the contrary, and the Tenant shall be responsible for any ad valorem taxes or increase therein resulting from Alterations made by or at the direction of the Tenant. The Landlord consents/approvals required under this Section shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alterationunreasonably withheld, Lesseeconditioned, Lessee shall provide Lessor with a complete set of "as built" plans for sameor delayed.

Appears in 1 contract

Samples: Lease Agreement (Dyadic International Inc)

Alterations, Additions, and Improvements. No alterations, additions, Lessee shall not make or improvements ("Alterations") shall allow to be made any alterations or physical additions in or to the Premises by Lessee without first obtaining the prior written consent of Lessor Lessor, which Lessor will consent shall not be unreasonably withholdwithheld or delayed, provided, however, except that Lessee may make Alterations shall not be required to obtain Lessor's consent for alterations or additions to the Premises the cost of which do not exceed $10,000.00 in the aggregate, provided such alterations or additions do not affect the Building systems, exterior appearance, structural components or structural integrity of the Building or the mechanical systems thereof. Lessor shall not be liable as a result of any such consent for completeness, design sufficiency, or compliance with any law, ordinance, order, rule, or regulation and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month periodLessee shall indemnify, without Lessor's prior written defend and hold Lessor harmless from all claims, demands, damages, causes of action or litigation, arising out of or resulting from such consent. As a condition Prior to Lessor's obligation to consider performing any alterations or additions with the request for consent hereunderconsent, Lessee shall pay must submit to Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all detailed plans and specifications for the proposed Alteration whether it will require removalalterations or physical additions. All Alterations Any and all alterations, additions or improvements, other than that portion of the initial tenant improvements which are to be made provided by Lessor pursuant to the Premises terms of Exhibit "B" hereto, shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of workat Lessee's sole expense. All Alterations shall be designedsuch alterations, constructed and installed at the sole cost and expense of Lessee by California licensed architectsadditions or improvements shall, engineersupon completion, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at and shall be surrendered to Lessor upon the expirationtermination of this Lease by lapse of time or otherwise; provided, however this clause shall not apply to removable equipment, trade fixtures, or sooner termination furniture owned by Lessee and which can be removed without damage to the Building or the Premises, or if there will be damage, said damages are repaired by Lessee at Lessee's expense and Lessor approves the repairs, provided there is no default by Lessee in any of the terms and conditions of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.

Appears in 1 contract

Samples: Lease Agreement (Aronex Pharmaceuticals Inc)

Alterations, Additions, and Improvements. No Tenant shall not create any openings in the roof or exterior walls, or make any alterations, additions, additions or improvements ("Alterations") shall be made to the Premises by Lessee demised premises without the prior written 3 consent of Lessor which Lessor will Landlord. Consent for non-structural alterations, additions or improvements shall not be unreasonably withholdwithheld by Landlord. Tenant shall have the right to erect or install shelves, providedbins, howevermachinery, air conditioning or heating equipment and trade fixtures, provided that Lessee may make Alterations which do Tenant complies with all applicable governmental laws, ordinances and regulations. At the expiration or termination of this lease, Tenant shall have the right to remove such items so installed, provided Tenant is not affect in default at the Building systemstime of such removal and provided further that Tenant shall, exterior appearanceat the time of removal of such items, structural components repair in a good and workmanlike manner any damage caused by installation or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consentremoval thereof. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee Tenant shall pay Lessor upon demand for all costs incurred or arising out of alterations, additions or improvements in or to the reasonable demised premises and shall not permit a mechanic's or materialman's lien to be asserted against the demised premises. Upon request by Landlord, Tenant shall deliver to Landlord proof of payment reasonably satisfactory to Landlord of all costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction incurred or arising out of any proposed Alterationssuch alterations, additions or improvements. Lessor may require Lessee All alterations, additions or improvements in or to remove any such Alterations the demised premises shall become the property of Landlord at the expiration or termination of this lease; however, Landlord may direct the Lease Term and to restore the Premises to their prior condition removal of alterations, additions or improvements by giving written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination to Tenant prior to the expiration or termination of this lease. At the Lease Term direction of Landlord, Tenant shall promptly remove all alterations, additions and improvements and any other property placed in the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved demised premises by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineersTenant, and contractors approved by Lessor, Tenant shall repair in compliance with all applicable law, and in a good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made manner any damage caused by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for samesuch removal.

Appears in 1 contract

Samples: Lease Agreement (Murray Income Properties Ii LTD)

Alterations, Additions, and Improvements. No Except with respect to Tenant’s construction of the Initial Improvements and Roof Improvements pursuant to the Work Letter and as otherwise specifically provided below, Tenant shall not make any installations, alterations, additions, or improvements ("Alterations") shall be made in or to the Premises by Lessee Premises, including, without limitation, any apertures in the walls, partitions, ceilings or floors (collectively, “Alterations”) without the prior written consent of Lessor Landlord, which Lessor will consent shall not be unreasonably withholdwithheld, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components conditioned or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consentdelayed. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any Any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition work so approved by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises Landlord shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made performed only in accordance with plans and specifications which have been furnished to and approved by Lessor Landlord. Notwithstanding the foregoing, Tenant shall not without the prior written consent of Landlord, which consent may be withheld in writing prior Landlord’s sole discretion, perform any work in or to commencement the Premises that would (i) in any manner affect any structural component of workthe Building (including, without limitation, exterior walls, exterior windows, core walls, columns, roofs, or floor slabs), (ii) require changes in the electrical or mechanical components or systems of the Building determined in Landlord’s reasonable option to be material and adverse to the Building, (iii) diminish the value of the Premises for the Permitted Uses, or (iv) require any unusual expense to re-adapt the Premises for the Permitted Uses. All Alterations Tenant shall be designedprocure, constructed at Tenant’s sole expense, all necessary permits and installed at licenses before undertaking any work on the sole cost Premises and expense shall perform all such work in a good and workmanlike manner employing materials of Lessee by California licensed architects, engineers, good quality and contractors approved by Lessor, in compliance so as to conform with all applicable lawzoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If any notice or any lien is placed on the Premises arising from work performed by or for Tenant, Tenant shall furnish to Landlord a bond or other security to stay enforcement of or insure over such lien, in good either case, in the amount, form and workmanlike mannersubstance reasonably acceptable to Landlord; provided, however, after posting such bond or providing such security, Tenant shall have the right to contest the validity of such lien or otherwise cause such lien to be removed from the public record. Any Alteration except furniture Tenant shall require all contractors employed by Tenant to carry worker’s compensation insurance in accordance with statutory requirements and trade fixturescommercial general liability insurance covering such contractors on or about the Premises with a combined single limit not less than $1,000,000 and shall submit certificates evidencing such coverage to Landlord, upon Landlord’s request. Tenant shall become indemnify and hold harmless Landlord from all injury, loss, claims or damage to any person or property occasioned by or arising out of such work. Landlord may inspect the property work of Lessor Tenant at reasonable times in accordance with Section 6.5 and give notice of observed defects. Upon completion of any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts and proof of payment for all labor and materials. Tenant, at the expirationtime it requests approval for any proposed Alterations, may request in writing that Landlord advise Tenant whether such Alterations or any portion thereof must be removed on or prior to the Expiration Date, or sooner earlier termination of the Lease. Landlord shall respond within ten (10) days of such request, unless Lessor directs otherwiseor shall be deemed to have advised Tenant that such Alteration must be removed upon the Expiration Date or earlier termination of this Lease; provided, provided however, that Lessee Tenant shall retain title not be required to all furniture and trade fixtures placed remove (i) the Initial Improvements itemized as 1 through 4, inclusive, on Exhibit B-1, (ii) the Premises. All heatingInitial Improvements itemized as 5 on Exhibit B-1, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building wallsextent that the same are Usual Office Improvements (defined below), drapery or (iii) any usual office improvements such as gypsum board, partitions, ceiling grids and carpeting installations made by Lessee together tiles, fluorescent lighting panels, Building standard doors and non-glued down carpeting, but expressly excluding data and communications cabling (which Tenant is required to remove) (collectively, “Usual Office Improvements”). Notwithstanding anything to the contrary contained in this Lease, Landlord’s consent shall not be required in connection with all property an Alteration that has become an integral part (i) will not affect the systems or structure of the Building, (ii) will not require work to be performed inside the walls or above the ceiling of the Premises, shall be and become (iii) will not diminish the property of Lessor upon the expiration, or sooner termination value of the LeasePremises, and shall (iv) will not be deemed trade fixtures. Within thirty (30) days after completion cost in excess of $25,000.00 in any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for samesingle Alteration or $100,000.00 in the aggregate.

Appears in 1 contract

Samples: Lease (Bluestem Brands, Inc.)

Alterations, Additions, and Improvements. No Lessee, at Lessee's option --------------------------------------- can, at any time during the term of this Lease, alter, add to and improve the Leased Premises. Such alterations, additions, or additions and improvements ("Alterations") shall be made at the sole expense of the Lessee. Lessee shall have the right to erect and maintain, at their own expense, a sign or signs on the Premises by Lessee without building and elsewhere on the leased premises, subject to the prior written consent of Lessor which Lessor will not unreasonably withholdas to design and placement, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore equip, fixture, store and maintain and alter the Premises to their prior condition by written notice given on or before the earlier arrangements of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become equipment in the property interior of Lessor said Premises at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, its discretion without restriction provided that Lessee shall retain title to at all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together times comply with all property that has become an integral laws and regulations applicable thereto. Lessee shall not permit the premises or any part of the Premisesthereof to be encumbered by any materialmen's, shall be and become the property of Lessor upon the expirationmechanics', contractors' or sooner termination of the Leaseother liens, and shall not if any such lien is filed against the Premises or any part thereof for labor or materials furnished or to be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, furnished to Lessee, Lessee shall provide discharge the same of record within ten (10) days after the date of filing, and hold the Lessor harmless against the liens claimed. If Leasee fails to discharge any such mechanics' lien within such period, then, in addition to any other right or remedy of Lessor, Lessor may, but shall not be obligated to, discharge the same either by payment of the amount claimed ox by procuring discharge of such lien by deposit in court or giving of security or in such other manner as may be prescribed by law. Any amount paid by Lessor to discharge any such lien, including all necessary disbursements, expenses and reasonable Exhibit 10.2 legal fees, with interest thereon at the rate of twelve percent (12%) from the date of any payments, shall be repaid by Lessee to Lessor on demand and, if unpaid, may be treated as additional rent. Notice is hereby given that Lessor shall not be liable for any labor or materials furnished or to be furnished to Lessee upon credit, and that no lien for any such labor or materials shall attach to or affect the reversionary or other estate or interest of Lessor .in and to the premises or any part thereof or any of the appurtenances or equipment and Lessee shall execute a complete set notice under the Florida Statutes if requested by Lessor to document this. All furniture, appliances, machinery, tools, equipment and partitions, and in addition all other fixtures and improvements which have not been permanently incorporated in the realty so as to be an integral part thereof, which have been or will be installed by Lessee at its expense shall remain the property of "Lessee, as built" plans for same.the case may be, and may be removed at any time during the term of this lease by Lessee. Lessor hereby waives all its right, title and interest to the aforementioned items, provided Lessee is not and has not been in default under the terms of this Lease. If the Lessee installs any electrical equipment which overloads the lines in the Premises or the Building, the Lessee shall, at its own cost and expense, promptly make whatever changes are necessary to remedy such condition and to comply with all requirements of the Lessor and the Board of Fire Insurance Underwriters and any similar body and any governmental authority having jurisdiction thereof. For the purposes of this paragraph, any finding or schedule of the Fire Insurance Rating Organization having jurisdiction thereto shall be deemed to be conclusive. Exhibit 10.2

Appears in 1 contract

Samples: Forefront Inc

Alterations, Additions, and Improvements. No LESSEE may erect such alterations, additions, and improvements inside the premises as it desires only upon receiving the prior written consent of LESSOR, which consent shall not be unreasonably withheld or delayed. Minor alterations, additions and improvements will not require the prior written consent of LESSOR. All such alterations, additions, or improvements ("Alterations") shall be made to performed in a workmanlike manner and shall not weaken or impair the Premises by Lessee without structural strength or lessen the prior written consent value of Lessor the building and the premises, or change the purposes for which Lessor will not unreasonably withholdthe building, providedor any part thereof, howevermay be used, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration alterations, additions, or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises improvements shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed erected at the sole cost and expense of Lessee by California licensed architects, engineersLESSEE, and contractors approved by LessorLESSEE shall have no right, authority, or power to bind LESSOR or any interest of LESSOR in compliance with all applicable lawthe Leased Premises, for the payment of any claim for labor or materials or for any charge or expense incurred in the erection, construction, or maintenance of such improvements, nor to render said Leased Premises liable for any lien for labor, material, or any other charge incurred in connection therewith, and LESSEE shall in good no way be considered the agent of LESSOR in the erection, construction, operation and workmanlike manner. Any Alteration maintenance of said improvements, including electrical, plumbing and anything screwed, bolted or attached to the building, unless specifically excluded by written agreement between the LESSEE and LESSOR except furniture and "trade fixtures" put in at this expense of LESSEE, shall remain upon and be surrendered with the premises as a part thereof, at any termination of the lease, for any cause, and shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the PremisesLESSOR. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and LESSEE shall not allow any mechanic or materialman liens to be deemed trade fixturesfiled against the Leased Premises or any part thereof for work performed by or on behalf of, LESSEE. Within thirty If any such lien is filed, LESSEE shall immediately cause such lien to be released by posting an appropriate bond or paying the claim which is the basis for the lien. LESSEE is leasing the demised premises in an as is condition except for the improvements to be constructed by LESSOR listed in EXHIBIT "C" attached to this lease and LESSOR'S representations set forth in subsection 3 (30c) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for samehereof.

Appears in 1 contract

Samples: Sublease (Sportsmans Guide Inc)

Alterations, Additions, and Improvements. No Tenant shall not create any openings in the roof or exterior walls, or make any alterations, additions, additions or improvements ("Alterations") shall be made to the Premises by Lessee demised premises without the prior written consent of Lessor which Lessor will Landlord. Consent for non-structural alterations, additions or improvements shall not be unreasonably withholdwithheld by Landlord. Tenant shall have the right to erect or install shelves, providedbins, howevermachinery, air conditioning or heating equipment and trade futures, provided that Lessee may make Alterations which do Tenant complies with all applicable governmental laws, ordinances and regulations. At the expiration or termination of this lease, Tenant shall have the right to remove such items so installed, provided Tenant is not affect in default at the Building systemstime of such removal and provided further that Tenant shall, exterior appearanceat the time of removal of such items, structural components repair in a good and workmanlike manner any damage caused by installation or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consentremoval thereof. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee Tenant shall pay Lessor upon demand for all costs incurred or arising out of alterations, additions or improvements in or to the reasonable demised premises and shall not permit a mechanic's or materialman's lien to be asserted against the demised premises. Upon request by Xxxxxxxx, Tenant shall deliver to Landlord proof of payment reasonably satisfactory to Landlord of all costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction incurred or arising out of any proposed Alterationssuch alterations, additions or improvements. Lessor may require Lessee All alterations, additions or improvements in or to remove any such Alterations the demised premises shall become the property of Landlord at the expiration or termination of this lease; however, Landlord may direct the Lease Term and to restore the Premises to their prior condition removal of alterations, additions or improvements by giving written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination to Tenant prior to the expiration or termination of this lease. At the Lease Term direction of Landlord, Tenant shall promptly remove all alterations, additions and improvements and any other property placed in the Lease or (iii) thirty (30) days after demised premises by Tenant and Tenant shall repair in a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made manner any damage caused by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for samesuch removal.

Appears in 1 contract

Samples: Lease Agreement (Gorges Quik to Fix Foods Inc)

Alterations, Additions, and Improvements. No 10.05(a) Tenant's Work. Tenant shall not make any installations, alterations, additions, or improvements ("Alterations") shall be made in or to the Premises by Lessee Premises, including, without limitation, any apertures in the walls, partitions, ceilings or floors, without on each occasion obtaining the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consentLandlord. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any Any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition work so approved by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises Landlord shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made performed only in accordance with plans and specifications which have been furnished to and therefor approved by Lessor Landlord. Tenant shall procure at Tenant's sole expense all necessary permits and licenses before undertaking any work on the Premises and shall perform all such work in writing a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If requested by Landlord, Tenant shall furnish to Landlord prior to commencement of workany such work a bond or other security acceptable to Landlord assuring that any work by Tenant will be completed in accordance with the approved plans and specifications and that all subcontractors will be paid. All Alterations Tenant shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and employ for such work only contractors approved by Lessor, Landlord and shall require all contractors employed by Tenant to carry worker's compensation insurance in compliance accordance with all applicable law, statutory requirements and in good commercial general liability insurance covering such contractors on or about the Premises with a combined single limit not less than $3,000,000 and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title submit certificates evidencing such coverage to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend Landlord prior to the ceiling commencement of such work. Tenant shall indemnify and hold harmless Landlord from all injury, loss, claims or connect damage to Building walls), drapery any person or property occasioned by or growing out of such work. Landlord may inspect the work of Tenant at reasonable times and carpeting installations made by Lessee together with all property that has become an integral part given notice of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixturesobserved defects. Within thirty (30) days after Upon completion of any Alterationsuch work, Lessee, Lessee Tenant shall provide Lessor Landlord with a complete set of "as built" plans plans, copies of all construction contracts and proof of payment for sameall labor and materials.

Appears in 1 contract

Samples: Industrial Real Estate Lease (Learningstar Inc)

Alterations, Additions, and Improvements. No After the Commencement Date, Tenant shall not permit, make or allow to be made any construction, alterations, additions, physical additions or improvements in or to the Premises without obtaining the prior written consent of Landlord ("Alterations"“Tenant Work”), nor place any signs in the Premises which are visible from outside the Premises, without obtaining the prior written consent of Landlord, which may be withheld in Landlord’s sole discretion. Notwithstanding the foregoing, Landlord will not unreasonably withhold its consent to Tenant Work that: (i) is non-structural and does not adversely affect any Building Systems or improvements, (ii) is not visible from the exterior of the Premises, (iii) does not affect the exterior of the Building or any Common Areas, (iv) does not violate any provision of this Lease, (v) does not violate any Laws, and (vi) will not interfere with the use and occupancy of any other portion of the Project by any other tenant or occupant of the Project. Tenant’s plans and specifications and all contractors, subcontractors, vendors, architects and engineers (collectively, “Outside Contractors”) shall be made subject to Landlord’s prior written approval. If requested by Landlord, Tenant shall execute a work letter for any such Tenant Work substantially in the form then used by Landlord for construction performed by tenants of the Building. Tenant shall pay Landlord a construction oversight fee in an amount equal to ten percent (10%) of the cost and expense of any Tenant Work undertaken by Landlord; the construction oversight or management fee, if any, applicable to construction of the Initial Improvements shall be governed by the terms of the Work Letter and not by the provisions of this Section. Landlord may hire outside consultants to review such documents and information furnished to Landlord, and Tenant shall reimburse Landlord for the actual and reasonable cost thereof, including reasonable attorneys’ fees, upon demand. Neither review nor approval by Landlord of any plans or specifications shall constitute a representation or warranty by Landlord that such documents either (i) are complete or suitable for their intended purpose, or (ii) comply with applicable Laws, it being expressly agreed by Tenant that Landlord assumes no responsibility or liability whatsoever to Tenant or any other person or entity for such completeness, suitability or compliance. Tenant shall furnish any documents and information reasonably requested by Landlord, including “as-built” drawings (both in paper and in electronic format acceptable to Landlord) after completion of such Tenant Work. Landlord may impose such conditions on Tenant Work as are reasonably appropriate, including without limitation, compliance with any construction rules adopted by Landlord from time to time, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such Tenant Work, insurance covering Landlord against liabilities which may arise out of such work, plans and specifications, and permits for such Tenant Work. All Building Standard Tenant Work shall become the property of Landlord upon completion and shall be surrendered to Landlord upon the expiration or earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease, unless Landlord shall require removal or restoration of such Tenant Work by Tenant. All Tenant Work that is Above Standard shall be and remain the property of Tenant, and shall be maintained by Tenant in good condition and repair throughout the Term, until the expiration or earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease, at which time such Tenant Work shall become the property of Landlord and shall be surrendered to Landlord with the Premises, unless Landlord specifies, at the time of the approval of the installation of such Above Standard Tenant Work, that Landlord will require Tenant to remove same upon the expiration or earlier termination of the Lease or Tenant’s right to possession of the Premises under the Lease. Any Tenant Work that Tenant is required to remove from the Premises upon the expiration or earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease shall be removed at Tenant’s sole expense, and Tenant shall, at Tenant’s expense, promptly repair any damage to the Premises or the Building caused by Lessee such removal. All Outside Contractors shall maintain insurance in amounts and types required by, and in compliance with, Section 20. An XXXXX 25 (or its equivalent) certificates of insurance in the most recent edition available evidencing such coverage shall be provided to Landlord prior to commencement of any Tenant Work. All Outside Contractors shall perform all work in a good and workmanlike manner, in compliance with all Laws and all applicable Project Rules and Building construction rules. No Tenant Work shall be unreasonably disruptive to other tenants. Prior to final completion of any Tenant Work, Landlord shall prepare and submit to Tenant a punch list of items to be completed, and Tenant shall diligently complete all such punch list items. In order to comply with the provisions of Section 713.10 of the Florida Statutes (as the same may be amended from time to time), it is understood that neither Tenant nor anyone claiming by, through or under Tenant, including contractors, subcontractors, materialmen, mechanics and laborers, will have any right to file or record any lien of any nature whatsoever on the Premises or the Building or any improvements therein or thereto. All persons with whom Tenant may deal are put on notice that Tenant has no power to subject the interest of Landlord in the Premises or the Building to any lien of any nature whatsoever, and all such persons so dealing with Tenant must look solely to the credit of Tenant, and not to Landlord’s interest or assets. Tenant will put all such persons with whom Tenant may deal on notice of the terms of this Section. Tenant shall not allow any liens to be filed against the Premises or the Project in connection with any Tenant Work. If, at any time, a lien or encumbrance is filed or recorded against the Premises or the Building as a result of any act or omission of Tenant or any of Tenant’s affiliates, representatives, employees, agents, contractors, subcontractors, customers and invitees (collectively, “Tenant’s Representatives”), Tenant will promptly remove such lien or encumbrance. If such lien or encumbrance has not been removed of record within ten (10) days from the date of filing, such failure will be deemed to be a Default and, in addition to any other remedies available to Landlord, Landlord will have the right, but not the obligation, to remove any such lien or encumbrance of record. In such event, Tenant will pay to Landlord, as Additional Rent, a sum equal to the amount Landlord was required to pay to remove such lien or encumbrance of record, plus all costs and expenses incurred by Landlord in connection therewith, including reasonable attorneys’ fees and costs. Without limiting the generality of anything set forth in this Section 16, Tenant shall not record (or permit any Tenant Representative to record) a notice of commencement under Section 713.13 of the Florida Statutes (as the same may be amended from time to time) in connection with any Tenant Work or otherwise without the prior written consent of Lessor which Lessor will not unreasonably withholdLandlord in each instance. Tenant’s failure to comply with this Section shall constitute an automatic Default under this Lease without the need of Landlord to give Tenant any notice of or opportunity to cure. If any construction lien is filed or recorded against Landlord’s interest in the Premises or the Premises in connection with any notice of commencement that Tenant or Tenant’s Representatives records without Landlord’s prior written consent, providedthen in addition to any other rights or remedies available to Landlord under this Lease or applicable law (including Section 697.10 of the Florida Statutes), however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components Tenant shall pay liquidated damages or structural integrity and which do not exceed collectively One Hundred Thousand and 00/100 Dollars ($100,000100.00) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand per day for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed period commencing on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to date that such lien was recorded until the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for samedate such lien is removed from record.

Appears in 1 contract

Samples: Lease Agreement (BCAC Holdings, Inc.)

Alterations, Additions, and Improvements. No Tenant may not make any installations, alterations, additions, or improvements ("Alterations") shall be made or major repairs in or to the Premises, including without limitation any such work to prepare the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month periodfor Tenant's initial occupancy, without Lessorobtaining Landlord's prior written consent. As All such work (other than a condition to Lessor's obligation to consider any request for consent hereunderCosmetic Alteration, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (ias hereinafter defined) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made performed in accordance with plans and specifications which have been furnished to and approved by Lessor Landlord, such approval not to be unreasonably withheld, conditioned, or delayed. Tenant will procure all necessary governmental permits and licenses before undertaking any work on the Premises and will perform all work in writing prior to commencement a good and workmanlike manner employing materials of work. All Alterations shall be designed, constructed good quality and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance conformity with all applicable lawLegal Requirements and insurance requirements. Tenant will (i) employ only contractors reasonably approved by Landlord, (ii) require all contractors employed by Tenant to carry worker's compensation insurance in accordance with statutory requirements and in good commercial general liability insurance covering such contractors on or about the Premises with a combined single limit not less than $3,000,000 and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title (iii) submit certificates evidencing such coverage to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend Landlord prior to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion commencement of any Alteration, Lessee, Lessee shall work. Landlord may inspect Tenant's work at reasonable times. Tenant will prosecute and complete such work with reasonable diligence and will provide Lessor Landlord with a complete set of "as built" plans (if applicable), copies of all construction contracts and proof of payment for sameall labor and materials. In connection with all such work, Tenant will pay when due all claims for such labor and materials furnished to the Premises and keep the Property at all times free from liens for labor and materials. Tenant will give Landlord at least 20 days' prior written notice of the commencement of any work on the Premises, regardless of whether Landlord's consent to such work is required. Landlord may record and post notices of non-responsibility on the Premises. Tenant agrees to use commercially reasonable efforts not to employ or permit the use of any labor or otherwise take any action which might result in a labor dispute involving personnel providing services in the Building pursuant to arrangements with Landlord. Notwithstanding the foregoing, Tenant shall be permitted to make alterations and improvements to the Premises that do not affect the Building structure or exterior or Building systems, and which do not cost more than Twenty-Five Thousand Dollars ($25,000) per year in the aggregate (each, a "Cosmetic Alteration"), without Landlord's consent, but upon prior written notice to Landlord.

Appears in 1 contract

Samples: Lease (Collegium Pharmaceutical, Inc)

Alterations, Additions, and Improvements. No alterations(a) Tenant shall not make any Alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee without the Landlord’s prior written consent which consent shall not be unreasonably withheld, conditioned, or delayed, and Landlord must respond within ten (10) days of Lessor which Lessor will not unreasonably withhold, receipt of a written request from Tenant; provided, however, that Lessee may make Landlord’s consent shall not be required for nonstructural Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand TEN THOUSAND AND 00/100 Dollars ($100,00010,000.00) in cost within cumulatively over each calendar year. Landlord may require Tenant to provide demolition and/or lien and completion bonds in form and amount reasonably satisfactory to Landlord. All Alterations, additions, and improvements shall be accomplished in a good and workmanlike manner, in conformity with all applicable Laws, and by a contractor licensed in the State of California approved by Landlord. Upon completion of any twelve (12) month periodsuch work, without Lessor's prior written consentTenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee Tenant agrees that Tenant shall pay Lessor upon demand all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs, and charges, including bond premiums for release of liens and attorneys’ fees and costs reasonably incurred in and about the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction defense of any proposed Alterationssuit in discharging the Premises or any part thereof from any liens, judgments, or encumbrances caused or suffered by Tenant. Lessor may require Lessee to remove In the event any such Alterations at lien shall be made or filed, Tenant shall bond against or discharge the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) same within thirty (30) days after termination prior the same has been made or filed. It is understood and agreed between the parties to this Lease that the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor providedexpenses, thatcosts, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations charges above referred to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) considered as Additional Rent due and shall be made included in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans lien for sameRent.

Appears in 1 contract

Samples: Commercial Lease (Triangle Canna Corp.)

Alterations, Additions, and Improvements. No 10.1 Tenant shall not create any openings in the roof or exterior walls, or make any alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee or install any structures or equipment on the roof of the Building or any portion of the Common Area without the prior written consent of Lessor which Lessor will not unreasonably withhold, providedLandlord. Tenant may, however, that Lessee may but at its own cost and expense and in a good and workmanlike manner, make Alterations which such alterations of a nonstructural nature to the Premises provided (i) Tenant complies with all applicable governmental laws, ordinances and regulations, (ii) such alterations do not affect the Building mechanical or the structural integrity of the Building, alter the character or the storefront of the Building, or adversely affect the utility systems, exterior appearance, structural components or structural integrity and which do (iii) the cost of any such alterations does not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within 10,000.00. Tenant expressly agrees to indemnify landlord for any twelve (12) month periodand all damages resulting from or caused by Tenant penetrating the roof or exterior walls of the Premises. Tenant shall have the right to erect or install shelves, without Lessor's prior written consentbins and machinery and clean rooms, provided that Tenant complies with all applicable governmental laws, ordinances, and regulations. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee Tenant shall pay Lessor upon demand for have the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee right to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition this Lease, such items so installed by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination Tenant, provided Tenant is not then in default; however, Tenant shall, prior to the expiration termination of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for this Lease, repair any damage caused by such notice from Lessor provided, thatremoval and, if Lessee requests same from Lessorrequested by Landlord, Lessor offer Landlord (prior to such removal) sufficient security to insure Landlord that the proper repairs will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removalbe made. All Alterations alterations, additions or improvements made by Tenant (including, without limitation, HVAC Systems, offices and improvements in and pertaining to be made to such offices, partitions, floor coverings, etc.), together with such other property as Tenant leaves in or on the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense termination of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixturesthis Lease, shall become the property of Lessor Landlord at the expiration, or sooner termination of this Lease; however, Tenant shall promptly remove, if Landlord so elects, any or all alterations, additions, and improvements specified by Landlord provided Landlord notifies Tenant in writing that such improvements will require future removal at the Leasetime of Landlord's approval of such alterations and improvements, unless Lessor directs otherwiseand any other property placed in the Premises by Tenant, provided that Lessee and Tenant shall retain title to all furniture and trade fixtures placed on repair any damage caused by such removal. The provisions of this paragraph shall survive the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling expiration or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner earlier termination of the this Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.

Appears in 1 contract

Samples: Lease Agreement (Chorum Technologies Inc)

Alterations, Additions, and Improvements. A. No additional alternations, additions or improvements shall be made by Tenant without Landlord's written approval, which approval shall not be unreasonably withheld or delayed B. Tenant, at its sole cost and expense, shall complete all of Tenant's improvements subject to Landlord's written approval. Tenant's improvements shall be done in a good and workmanlike manner with materials of good quality and pursuant to appropriate governmental permits and in compliance with applicable laws and insurance requirements. Tenant's construction shall not interfere with the conducting of business by other tenants. During the Lease Term, Tenant shall provide Landlord with waivers of liens for any improvements done by Tenant or Tenant's contractors to the Leased Premises or shall bond or insure over any mechanic's liens with bonding or insurance companies reasonably acceptable to Landlord. In the event Tenant fails to provide said lien waivers or bond or insurance and Landlord is required to pay for such improvements in order to remove or avoid the filing of liens, then any such sums paid by Landlord shall be considered as additional rent and shall be payable by Tenant to Landlord on demand. C. During the course of construction of the improvements, Landlord and its representative may, upon reasonable prior notice of Tenant, inspect (but shall have no duty or obligation to inspect) Tenant's construction of improvements and the materials being used. If as a result of such inspection, Landlord, or its representative shall determine that any materials do not substantially conform to, or that the improvements are not being constructed in accordance with the terms of this Lease, prompt notice thereof may be given by Landlord to Tenant specifying the nature of the deficiency or defect or omission. Upon the receipt of any such notice, Tenant shall promptly take such steps as may be necessary to correct such defect. In the event that Tenant fails to correct said defect, or commence to cure said defect within thirty (30) days after Landlord's notice (or immediately, if an emergency) Landlord shall have the right, but not the obligation, in addition to any other remedies available to Landlord, to undertake same at Tenant's expense. In such event, Tenant shall pay as additional rent to Landlord for the cost of such work immediately upon receipt of an invoice therefore together with interest thereon at the annual rate of eighteen percent (18%) from the date expended by Landlord until paid in full. D. All of Tenant's contractors and subcontractors of its contractors shall carry public liability insurance with at least $1,000,000 single limit broad form coverage and worker's compensation insurance, and each such insurance policy shall name Landlord and the owner and, their beneficiaries, officers, directors, shareholders, Managers and Members, the agents of Landlord and the owner and their agents' beneficiaries, officers, directors, shareholders, Managers and Members as additional insureds. Each such contractor and subcontractor shall submit to Landlord proof of such insurance before they may begin work on the Leased Premises. E. During construction of improvements, Tenant shall carry builder's risk insurance, public liability insurance and worker's compensation insurance, in such amounts as are reasonably acceptable to Landlord, provided that the builder's risk policy coverage shall be at least in an amount sufficient to cover all so-called "hard costs" of construction of Tenant's improvements, together with adequate soft cost coverage. Landlord and the owner and, their beneficiaries, officers, directors, shareholders, Managers and Members, the agents of Landlord and the owner and their agents' beneficiaries, officers, directors, shareholders, Managers and Members shall be named as additional insureds under said policies. Tenant shall deliver certificates of insurance to Landlord prior to commencement of construction reflecting the coverage thereunder and showing the additional insureds required hereunder. F. All alterations, additions, or improvements ("Alterations") made by Tenant shall be made to become the Premises by Lessee without the prior written consent property of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations Landlord at the expiration or termination of the Lease Term and this Lease, except trade fixtures. Tenant may remove trade fixtures belonging to restore the Premises to their prior condition by written notice given on or before the earlier of (i) Tenant at the expiration of the Lease Term Term, provided that any damage or (ii) thirty (30) days after termination prior injury caused to the expiration real estate by reason of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises removal shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved repaired by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed Tenant at the its sole cost and expense of Lessee by California licensed architectsexpense. Notwithstanding anything herein to the contrary, engineersaffixed dock plates and dock lights are to become realty and not personalty, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall may not be deemed trade fixturesremoved by Tenant. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same7.

Appears in 1 contract

Samples: Land Lease Agreement (Ace Hardware Corp)

Alterations, Additions, and Improvements. No Tenant shall not make or permit to be made any alterations, additionsimprovements, or improvements ("Alterations") shall be made additions to the Premises by Lessee (“Alterations”), without the first obtaining on each such occasion Landlord’s prior written consent of Lessor (which Lessor will consent Landlord agrees not to unreasonably withhold, provided, however, that Lessee may make condition or delay) except for non-structural Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000100,000.00) per year of the Lease Term, does not require a permit from the jurisdictions having authority, does not affect the mechanical, electrical or plumbing systems of the Building, and which are not visible from the outside of the Building; provided that Tenant gives Landlord advance notice of such work in cost within any twelve (12) month period, without Lessor's prior written consenteach case. As a condition to Lessor's obligation to consider any request for consent hereunderpart of its approval process, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing Landlord may require that Tenant submit plans and specifications to Landlord, for Landlord’s approval or disapproval, which approval shall not be unreasonably withheld, conditioned or delayed. All Alterations shall be performed in accordance with all governmental requirements applicable thereto, Applicable Laws and for monitoring Title Matters and in a good and workmanlike manner and, to the extent such Alterations will remain a part of the Premises after the expiration or earlier termination of this Lease, with materials consistent with the quality of the initial construction of the Landlord Improvements; provided, further, Tenant shall be responsible for any proposed damage to the Premises caused by the use of any materials of a lesser quality. Before commencing any work in connection with such Alterations, Tenant shall furnish Landlord with certificates of insurance from the general contractor or if no general contractor, from all contractors performing labor or furnishing materials insuring Landlord against any and all liabilities which may arise out of or be connected in any way with said Alterations. Lessor may require Lessee If Landlord notifies Tenant in writing at the time of Landlord’s consent to remove any such Alterations that Landlord’s approval is conditioned upon the removal of such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor providedthis Lease, thatthen Tenant shall, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the its sole cost and expense upon the termination or expiration of Lessee by California licensed architectsthis Lease, engineers, remove the same and contractors approved by Lessor, repair any damage resulting from such removal of the Alterations. Landlord will specify at the time Landlord approves of any proposed Alteration whether any proposed Alteration must be removed at the expiration or earlier termination of this Lease. Except as set forth in compliance with all applicable law, the immediately preceding sentence and in good Section 6.06, all Alterations and workmanlike manner. Any Alteration except furniture all repairs and trade fixtures, all other property attached to or installed on the Premises by or on behalf of Tenant shall immediately upon completion or installation thereof be and become part of the Premises and the property of Lessor at Landlord without payment therefor by Landlord and shall be surrendered to Landlord upon the expirationexpiration or earlier termination of this Lease. Notwithstanding the foregoing, Tenant shall remove any Tenant fixtures or equipment, including, without limitation, diesel generators, camera systems, and any other equipment and systems that are not included in the Landlord Improvements, and such removal shall be performed in accordance with the requirements set forth in this Lease. Tenant shall pay when due all Claims for labor and material furnished to the Premises and keep the Premises free and clear of all liens and encumbrances for work contracted for by Tenant. In the event a lien is filed against the Premises, upon Tenant’s receipt of notice of any such lien, Tenant shall, within fifteen (15) days of receipt of such notice (a) bond against or cause such lien to be released of record from the Premises, or sooner termination (b) furnish Landlord with a copy of the Leaserecorded waiver of such lien, unless Lessor directs otherwiserecorded release of such lien, provided or recorded bond discharging such lien. For any work that Lessee could give rise to any mechanics’ or material suppliers’ liens under Applicable Law, Tenant shall retain title to all furniture and trade fixtures placed give Landlord at least fifteen (15) days’ prior written notice of the commencement of any work on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicleregardless of whether Landlord’s consent to such work is required and Landlord may elect to record and post notices of non-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of responsibility on the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.

Appears in 1 contract

Samples: Lease Agreement (Lifetime Brands, Inc)

Alterations, Additions, and Improvements. No 5. Tenants shall not make or allow to be made any alterations, additions, or improvements ("Alterations") shall be made in or to the Premises by Lessee without the prior written consent of Lessor which Lessor Landlord; such consent will not be unreasonably withholdwithheld, but Landlord may impose, as a condition of such consent, such requirements as Landlord in its sole discretion may deem reasonable or desirable, including without limiting the generality of the foregoing, requirements as to the manner in which, the time or times at which, and the contractor by whom such work shall be done. Such alterations, additions, or improvements when made to the Premises by Tenant shall be surrendered to Landlord and become the property of Landlord upon termination in any manner of this Lease, but this clause shall not apply to movable non-attached fixtures or furniture of Tenant, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's if prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on this Lease, or before the earlier of (i) the expiration of the Lease Term or (ii) within thirty (30) days after termination prior thereafter, Landlord so directs by written notice to Tenant, Tenant shall promptly remove such alterations, additions, or improvements, which were placed in or on the Premises by Tenant and which are designated in said notice and shall repair any damage occasioned by such removal and in default thereof Landlord may affect said removals and repairs at Tenant's expense. All work with respect to alterations, additions, and improvements shall be done in a good and workmanlike manner and diligently prosecuted to completion to the expiration of end that the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to improvements on the Premises shall at all times be made under a complete unit except during the supervision period of a competentwork. Any such alterations, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) additions and improvements shall be made performed and done strictly in accordance with plans the laws and specifications which have been furnished to ordinances relating thereto, and approved by Lessor in writing prior to commencement with the requirements of workall carriers of insurance on the Premises and the Board of Underwriters, Fire Rating Bureau, or similar organization. All Alterations Tenant shall be designed, constructed and installed obtain at the its sole cost and expense all required licenses and permits. In performing the work of Lessee by California licensed architectsany such alterations, engineersadditions or improvements, and contractors approved by Lessor, Tenant shall have the work performed in compliance with all applicable law, and such a manner so as not to obstruct the access to or within the Building of any other tenant. Before commanding any such work or construction in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of about the Premises, Tenant shall be and become the property of Lessor upon the expiration, or sooner termination notify Landlord in writing of the Leaseexpected date of commencement thereof. Landlord shall have the right at any time and from time to time to post and maintain on the Premises such notices as Landlord deems necessary to protect the Premises or the Project, and Landlord from the liens of mechanic, laborers, materialman, suppliers or vendors. If any liens are filed against Landlord or any part the Project as a result of Tenant's work, Tenant shall not cause same to be deemed trade fixtures. Within thirty discharged by payment or bonding within ten (3010) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.such lien is filed. LEGAL AND VIOLATIONS OF INSURANCE COVERAGE

Appears in 1 contract

Samples: Lease Agreement (Medibuy Com Inc)

Alterations, Additions, and Improvements. No alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee without the prior written consent of Lessor Lessors which Lessor will not unreasonably withhold, condition or delay, provided, however, that Lessee may make Alterations (including removal and rearrangement of the prior Alterations) which do not affect the Building systems, exterior appearance, structural components or structural integrity integrity, which do not require a building permit and which do not exceed collectively One Hundred Twenty Thousand Dollars ($100,000120,000) in cost within any twelve (12) month period, without Lessor's ’s prior written consent. As a condition to Lessor's ’s obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided, however, that if requested in writing by written notice given on or before Lessee to do so at the earlier of (i) time consent for such Alteration is requested, Lessor shall inform Lessee at the time Lessor consents to such Alteration whether such Alteration must be removed from the Premises upon the expiration or earlier termination of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removalthis Lease. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Any Alteration except furniture Such approvals shall not be unreasonably withheld, conditioned or delayed by Lessor. Subject to Lessor’s right to have Lessee retain ownership and remove same, any Alteration, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Lessee, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures, fixtures and shall become the property of Lessor at the expiration, expiration or sooner termination of the Lease. For those Alterations which do not require Lessor’s consent, unless to the extent specifically requested of Lessor directs otherwisein writing by Lessee at the time such Alteration is made, provided that Lessor shall by written notice to Lessee advise Lessee whether Lessee is required to remove such Alterations upon the expiration or earlier termination of this Lease. Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.

Appears in 1 contract

Samples: Letter Agreement (Blue Coat Systems Inc)

Alterations, Additions, and Improvements. No Except for the Tenant Improvements, Tenant shall not make any alterations, additionsadditions or improvements, structural or improvements otherwise (the "Alterations") shall be made in or to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without LessorLandlord's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing The plans and specifications for any approved Alterations shall be subject to Landlord's prior written approval and for monitoring once approved, shall not be materially changed without the construction of any proposed AlterationsLandlord's prior written consent. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and Tenant shall provide Landlord with a copy of all the plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of workcommencing construction. All Alterations shall be designedmade promptly, constructed and installed at in a workmanlike manner, paid for by Tenant allowing no liens to attach either to the sole cost and expense of Lessee by California licensed architects, engineersPremises or to Tenant's leasehold interest, and so as not to unreasonably disturb or inconvenience other tenants in the Building. Landlord shall have the right to require Tenant to provide such assurances as Landlord shall reasonably require (e.g., bonds, escrows, etc.) to protect Landlord against unpaid work and to require that any work be performed only by duly licensed contractors and subcontractors approved by LessorLandlord. Unless otherwise noted in Landlord's written approval of the Alteration, in compliance any Alteration shall remain and be surrendered with all applicable lawthe Premises on expiration of the Lease. If Xxxxxxxx's approval of the Alteration provides that the Alteration is not to be surrendered, and in good and workmanlike manner. Any Alteration except furniture and trade fixturesTenant, at its sole cost, shall become remove that Alteration which is not to remain and shall repair all damage to the property of Lessor at the expiration, or sooner Premises caused by that removal. This obligation shall survive a termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend Notwithstanding anything in this Lease to the ceiling contrary, Tenant shall be responsible for any ad valorem taxes or connect to Building walls), drapery and carpeting installations increase therein resulting from Alterations made by Lessee together with all property that has become an integral part or at the direction of the PremisesTenant. The Landlord consents/approvals required under Section 7, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alterationunreasonably withheld, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for sameconditioned or delayed.

Appears in 1 contract

Samples: Lease Agreement (Larscom Inc)

Alterations, Additions, and Improvements. No (a) Tenant's Work. Tenant may not make any installations, alterations, additions, or improvements ("Alterations") shall be made or major repairs in or to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessorobtaining Landlord's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor All work will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made performed in accordance with plans and specifications approved in advance by Landlord. Tenant will procure all necessary permits and licenses before undertaking any work on the Premises and will perform all work in a good and workmanlike manner employing materials of good quality and in conformity with all applicable Legal Requirements and insurance requirements. Tenant will (i) employ only contractors reasonably approved by Landlord, (ii) require all contractors employed by Tenant to carry worker"s compensation insurance in accordance with statutory requirements and commercial general liability insurance covering such contractors on or about the Premises with a combined single limit not less than One Million Dollars ($1,000,000) and (iii) submit certificates evidencing such coverage to Landlord prior to the commencement of any work. Landlord may inspect Tenant's work at reasonable times. Tenant will prosecute and complete such work with reasonable diligence and will provide Landlord with "as built" plans, copies of all construction contracts and proof of payment for all labor and materials. (b) No Liens. Tenant will pay when due all claims for labor and material furnished to the Premises and keep the Premises at all times free from liens for labor and materials. Tenant will give Landlord at least twenty (20) days" prior written notice of the commencement of any work on the Premises. Landlord may record and post notices of non-responsibility on the Premises. Prior to commencement by Tenant of any work on the Premises, Tenant will record a notice of commencement ("Notice of Commencement") in the public records of the county in which have been the Premises is located identifying Tenant as the party for whom such work is being performed, stating such other matters as may be required by law and requiring the service of copies of all notices, liens or claims of lien upon Landlord. The Notice of Commencement shall clearly reflect that the interest of Tenant in the Premises is that of a leasehold estate. A copy of the Notice of Commencement will be furnished to and approved by Lessor in writing Landlord and its attorneys prior to commencement of workthe recording or filing. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building wallsc), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.

Appears in 1 contract

Samples: Lease Agreement

Alterations, Additions, and Improvements. No alterations, ------------------------------------------------------ additions, or improvements ("Alterations") shall be made to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Seventy-five Thousand Dollars ($100,00075,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of third party consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.

Appears in 1 contract

Samples: Agreement (Phone Com Inc)

Alterations, Additions, and Improvements. No After the Commencement Date, Tenant shall not permit, make or allow to be made any construction, alterations, additions, physical additions or improvements ("Alterations") shall be made in or to the Premises by Lessee without obtaining the prior written consent of Lessor Landlord, which Lessor shall not be unreasonably withheld (“Tenant Work”). Notwithstanding the foregoing, Landlord will not unreasonably withholdwithhold its consent to Tenant Work that: (i) is non-structural and does not adversely affect any Building Systems or improvements, provided(ii) is not visible from the exterior of the Premises, however, that Lessee may make Alterations which do (iii) does not affect the exterior of the Building systemsor any Common Areas, exterior appearance(iv) does not violate any provision of this Lease, structural components (v) does not violate any Laws, and (vi) will not interfere with the use and occupancy of any other portion of the Project by any other tenant or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consentoccupant of the Project. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing Tenant’s plans and specifications and all contractors, subcontractors, vendors, architects and engineers (collectively, “Outside Contractors”) shall be subject to Landlord’s prior written approval. If requested by Landlord, Tenant shall execute a work letter for monitoring any such Tenant Work substantially in the form then used by Landlord for construction performed by tenants of the Building. Tenant shall pay Landlord a construction oversight fee in an amount equal to ten percent (10%) of the cost and expense of any proposed AlterationsTenant Work whether undertaken by Landlord or Tenant. Lessor Landlord may require Lessee hire outside consultants to remove review such documents and information furnished to Landlord, and Tenant shall reimburse Landlord for the reasonable cost thereof, including reasonable attorneys’ fees, upon demand. Neither review nor approval by Landlord of any plans or specifications shall constitute a representation or warranty by Landlord that such Alterations at documents either (i) are complete or suitable for their intended purpose, or (ii) comply with applicable Laws, it being expressly agreed by Tenant that Landlord assumes no responsibility or liability whatsoever to Tenant or any other person or entity for such completeness, suitability or compliance. Tenant shall furnish any documents and information reasonably requested by Landlord, including “as-built” drawings (both in paper and in electronic format acceptable to Landlord) after completion of such Tenant Work. Landlord may impose such conditions on Tenant Work as are reasonably appropriate, including, without limitation, compliance with any construction rules adopted by Landlord from time to time, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such Tenant Work, insurance covering Landlord against liabilities which may arise out of such work, plans and specifications, and permits for such Tenant Work. All Building Standard Tenant Work shall become the property of Landlord upon completion and shall be surrendered to Landlord upon the expiration or earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease. All Tenant Work that is Above Standard shall be and remain the property of Tenant, and shall be maintained by Tenant in good condition and repair throughout the Term, until the expiration or earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease, at which time such Tenant Work shall become the property of Landlord and shall be surrendered to Landlord with the Premises, unless Landlord specifies, at the time of the approval of the installation of such Above Standard Tenant Work, that Landlord will require Tenant to remove same upon the expiration or earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease. Any Tenant Work that Tenant is required to remove from the Premises upon the expiration or earlier termination of the Lease Term and or Tenant’s right to restore possession of the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of under the Lease Term or (ii) thirty (30) days after termination prior shall be removed at Tenant’s sole expense, and Tenant shall, at Tenant’s expense, San Fxxxxx Plaza/Summer Energy Holdings, Inc. DocuSign Envelope ID: A1357CC3-ED4D-47DF-A5FB-22FC3BC9DEAD promptly repair any damage to the expiration of Premises or the Lease Term of Building caused by such removal. Tenant shall not allow any liens to be filed against the Lease Premises or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor providedthe Project in connection with any Tenant Work. If any liens are filed, that, if Lessee requests Tenant shall cause the same from Lessor, Lessor will notify Lessee to be released within five (5) business days after Tenant’s receipt of Lessee's request and a copy written notice of all plans and specifications for the proposed Alteration whether it will require removalfiling of such lien by bonding or other method acceptable to Landlord. All Alterations to be made to Outside Contractors shall maintain insurance in amounts and types required by, and in compliance with, Section An AXXXX 25 (or its equivalent) certificates of insurance in the Premises most recent edition available evidencing such coverage shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished provided to and approved by Lessor in writing Landlord prior to commencement of workany Tenant Work. All Alterations Outside Contractors shall be designed, constructed perform all work in a good and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessorworkmanlike manner, in compliance with all Laws and all applicable law, Project Rules and in good and workmanlike mannerBuilding construction rules. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, No Tenant Work shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixturesunreasonably disruptive to other tenants. Within thirty (30) days after Prior to final completion of any AlterationTenant Work, LesseeLandlord shall prepare and submit to Tenant a punch list of items to be completed, Lessee and Tenant shall provide Lessor with a diligently complete set of "as built" plans for sameall such punch list items.

Appears in 1 contract

Samples: Commercial Lease Agreement (Summer Energy Holdings Inc)

Alterations, Additions, and Improvements. No alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold, condition or delay, provided, however, that Lessee may make Alterations (including removal and rearrangement of Lessee Improvements and prior Alterations) which do not affect the Building 8 systems, exterior appearance, structural components or structural integrity integrity, which do not require a building permit and which do not exceed Fifty Thousand Dollars ($50,000) individually, or collectively exceed One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's ’s prior written consent. As a condition to Lessor's ’s obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations, and if consent is granted, within ten (10) days after Lessee executes a construction contract, a construction management fee equal to one percent (1%) of all costs of demolition, construction and installation of any Alterations; the fee shall be adjusted on thirty (30) days notice after cancellation of the Alterations and a determination of final costs of same, which Lessee shall provide to Lessor along with all supporting documentation within said thirty (30) days. Lessor may require Lessee to remove any such Alterations (except the “Removable Alterations” described on Schedule 2 hereto) at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior pursuant to the expiration terms of Section 17.09 hereof; provided that Lessor shall make such election, if at all, at the Lease Term time consent to such Alteration is given, if such election is requested in writing of Lessor at such time by Lessee. Notwithstanding the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, thatforegoing, if Lessee requests same from installs an internal stairway between the fourth floor and the fifth floor of Building 8, then Lessor may, at any time during the Lease Term, in Lessor’s sole discretion, Lessor will notify require Lessee within five (5) business days after receipt to remove such stairway upon the expiration or earlier termination of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removalthis Lease. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations requiring a building permit shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner, and shall have been approved in writing by Redwood City and any other applicable governmental agencies. Any Alteration except furniture Such approvals shall not be unreasonably withheld, conditioned or delayed by Lessor. Subject to Lessor’s right to have Lessee retain ownership and remove same, any Alteration, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Lessee, , together with all property that has become an integral part of the Premises such as fume hoods which penetrate the roof or plenum area, built-in cold rooms, built-in warm rooms, deionized water systems, glass washing equipment, autoclaves, chillers, built-in plumbing, electrical and mechanical equipment and systems and any power generator and transfer switches, shall not be deemed trade fixtures, fixtures and shall become the property of Lessor at the expiration, expiration or sooner termination of the Lease, unless Lessor directs otherwise, provided that . Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "both hard copies and CAD drawings of “as built" plans for same. The Lessor’s Work shall not be deemed “Alterations” and Lessee shall have no obligation to remove or restore the Lessor’s Work upon the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: And Interior Specification Standards (Threshold Pharmaceuticals Inc)

Alterations, Additions, and Improvements. No Following the date on which Tenant first occupies the Premises, Tenant shall have the right to make alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee without the prior written consent upon receipt of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without LessorLandlord's prior written consent, which will not be withheld unless the making or installation of the Alterations (i) adversely affects the Building Structure, (ii) adversely affects the Building Systems, (iii) affects the appearance of any part of the Building visible from outside the Premises, (iv) does not comply with Applicable Laws, or (v) unreasonably interferes with the normal and customary business operations of the other tenants in the Building (individually and collectively, a "Design Problem"). As Landlord may, as a condition to Lessor's obligation to consider any the installation thereof and if such request for consent hereunder, Lessee shall pay Lessor upon demand for is made concurrently with the reasonable costs and expenses approval of consultants, engineers, architects and others for reviewing the plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may therefor, require Lessee Tenant to remove any such Alterations at its sole cost and expense, it being agreed and understood that in no event will Tenant have any obligation to remove any such Alterations unless, in Landlord's reasonable judgment, they do not qualify as standard office-type tenant improvements. Notwithstanding anything to the expiration contrary set forth herein, Tenant shall not be required to obtain Landlord's prior consent with respect to any strictly cosmetic work performed within the Premises by Tenant, such as the installation of wall coverings or termination floor coverings or non-structural alterations which do not exceed Twenty-Five Thousand Dollars ($25,000), which are not visible from the outside of the Lease Term Premises and which comply with all Rules and Regulations, Building Regulations and Landlord's structural, engineering and design requirements for the Building. Tenant shall give Landlord at least ten (10) days' prior written notice of the commencement of any work on the Premises. In no event shall Tenant be required to restore provide payment and performance bonds in connection with any such Alteration work so long as the financial condition of Tenant is satisfactory. Landlord may elect to record and post notices of non- responsibility on the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a Building. Upon Landlord's written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt Tenant shall promptly remove any Alterations constructed in violation of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of workthis Section. All Alterations shall be designed, constructed and installed accomplished at the Tenant's sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in a good and workmanlike manner. Any Alteration except furniture , in conformity with all applicable laws and trade fixturesregulations, by a contractor and subcontractors chosen by Tenant and reasonably approved by Landlord and shall become be the property of Lessor at the expirationLandlord. As soon as reasonably practicable, or sooner termination Tenant shall provide Landlord with copies of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Leaseconstruction contracts, and shall not be deemed trade fixturesproof of payment for all labor and materials. Within thirty (30) days after Promptly upon completion of any Alterationsuch work, Lessee, Lessee Tenant shall provide Lessor Landlord with a complete set of any "as built" plans . plans. Tenant shall promptly pay when due all claims for samelabor and materials furnished to the Premises.

Appears in 1 contract

Samples: Office Lease (Catellus Development Corp)

Alterations, Additions, and Improvements. No Except as required by Section 4 hereof, no alterations, additions, additions or improvements ("Alterations") shall be made to any part of the Subleased Premises by Lessee without the prior written consent of Sublessor, which consent shall not be unreasonably withheld, conditioned or delayed and the consent of the Prime Lessor which Lessor will not unreasonably withholdto the extent required by the Prime Lease. All permitted alterations, providedadditions or improvements to the Subleased Premises (“Sublessee’s Work”) shall be made in compliance with any applicable terms and provisions of the Prime Lease, howeverall applicable laws, that Lessee may make Alterations which do not affect the Building systemsordinances, exterior appearancerules and regulations, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term term of this Sublease for any reason, shall remain for the benefit of Sublessor or shall, at the request of Sublessor, be removed by Sublessee, at Sublessee’s sole cost, and Sublessee shall repair any damage caused by such removal. Notwithstanding the foregoing, Sublessee shall not be required to remove and/or restore any Sublessee Improvements (as hereinafter defined below) unless such removal is required by the Prime Lease, improvements which were in the Subleased Premises as of the Sublease Commencement Date or improvements which were made by Sublessor or Prime Lessor (collectively, the “Existing Alterations”). If such removal or restoration is required pursuant to the Prime Lease, Sublessor (at its sole cost) shall remove any and all Existing Alterations made to the Subleased Premises upon termination of this Sublease and shall restore the Subleased Premises to their prior the condition required by written notice given on or before the earlier Prime Lease. For any other alterations, Sublessor shall notify Sublessee at the time of Sublessor’s and Prime Lessor’s consent (iif required) whether such alterations will have to be removed and/or restored at the expiration of the Lease Term or (ii) thirty (30) days after termination prior to Term. In the event that Prime Lessor does not require removal and/or restoration of such alterations at the expiration of the Lease Term Term, then Sublessor shall also not require removal and/or restoration of the Lease or such alterations. All permit, license and similar costs and fees (iii) thirty (30) days after a written request from Lessee for such notice from Lessor providedincluding, thatwithout limitation, if Lessee requests same from Lessorcosts of architectural renderings, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request sign elevation drawings, mechanical plans, and a copy of all other plans and specifications for specifications) required by statute or ordinance and associated with Sublessee’s Work shall be paid by Sublessee. Any initial improvements (the proposed Alteration whether it will require removal. All Alterations “Sublessee Improvements”) to be made to the Subleased Premises by Sublessee shall be made under subject to the supervision reasonable prior approval of a competent, California licensed architect and/or competent California licensed structural engineer (each Sublessor and the approval of whom has been approved by Lessor) and shall be made the Prime Lessor in accordance with plans the terms and specifications which have been furnished to provisions of the Prime Lease and approved by Lessor in writing prior to commencement of work. All Alterations Sublessee shall be designed, constructed responsible for the removal of the Sublessee Improvements and installed at the sole cost restoration of the Subleased Premises if and expense of Lessee to the extent required by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Prime Lessor at the expiration, Sublease Expiration Date or sooner earlier termination of this Sublease. During the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture period of design and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part construction of the PremisesSublessee Improvements and installation of Sublessee’s furniture, shall be fixtures and become the property of Lessor upon the expirationequipment, or sooner termination of the Lease, and Sublessee shall not be deemed trade fixtures. Within thirty required to pay Sublessor or Prime Lessor for, (301) days after completion contractor, subcontractor, consultants, and architect parking, (2) the use of freight elevator, restrooms, loading docks, or security, (3) charges for temporary power, lights, and HVAC (except as otherwise expressly provided for herein), (4) tap in fees to connect to the Building’s utility, security or health safety systems and equipment, or (5) supervisory, administrative or other fees regarding the management of such work and Sublessor shall pay such costs to the extent required by Prime Lease; provided, however, in the event Sublessee requests consent for any Alterationadditional alterations or improvements, Lessee, Lessee Sublessee shall provide Lessor with a complete set of "as built" plans be solely responsible for sameany costs and expenses related thereto.

Appears in 1 contract

Samples: Office Lease Agreement (Horizon Pharma PLC)

Alterations, Additions, and Improvements. No alterations, additionsLessee covenants and agrees not to permit the Premises to be used for any purpose other than that stated in Paragraph 9(a) hereof, or improvements ("Alterations") shall make or allow to be made any alterations or physical additions in or to the Premises, or place any signs other than exterior building and monument signage as stated in Paragraph 10(g) on the Premises by Lessee which are visible from outside the Premises, or place any safes or vaults (whether movable or not) upon or in the Premises, without the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for not allow any liens to be filed against the reasonable costs property and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove shall promptly release any such Alterations at liens filed against the expiration property. Except as provided herein, any and all such alterations, physical additions or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be improvements made to the Premises by Xxxxxx shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall once become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of surrendered to Lessor upon the expiration, or sooner termination of this Lease by lapse of time or otherwise; however, this clause shall not apply to movable equipment, fixtures or furniture owned by Lessee, provided no damage is caused by the removal thereof to the foundation, roof or exterior walls of the existing improvements. If not in default at the termination of this Lease, Lessee may remove and retain as Xxxxxx’s property all such fixtures, equipment, decoration, furniture or other such items installed by Lessee. Any damage occasioned and caused by the installation or removal of such fixtures and equipment shall not be deemed trade fixturesrepaired at Lessee’s expense. Within thirty (30) days after completion of any Alteration, LesseeUpon written request by Lessor, Lessee shall provide remove all such furniture and equipment and data cabling and repair the damage caused by the removal of same. In the event Lessee does not remove such fixtures and equipment and other installed items. Lessor with a complete set shall have the right to remove same and to repair any damage caused by such removal, and Lessee shall be obligated to pay the cost of "as built" plans for samesuch removal and repair.

Appears in 1 contract

Samples: Lease Agreement (Bankrate, Inc.)

Alterations, Additions, and Improvements. No alterations, additions, (a) Tenant shall not make or improvements ("Alterations") shall allow to be made any alterations or additions in or to the Leased Premises by Lessee without first obtaining the prior written consent of Lessor which Lessor will not unreasonably withhold, Landlord; provided, however, that Lessee may make Alterations which do Tenant may, without Landlord's consent, perform interior non-structural alterations or additions not affect involving material modifications to the Building systemsand its mechanical, exterior appearanceelectrical, structural components HVAC and life safety systems so long as (i) for alterations or structural integrity and which do additions requiring government permits, the cost thereof during any calendar year does not exceed collectively One Hundred Ten Thousand Dollars ($100,00010,000.00) during any calendar year, or (ii) for alterations or additions not requiring government permits, the cost thereof during any calendar year does not exceed Forty Thousand Dollars ($40,000.00). Landlord's consent will not be unreasonably withheld with respect to proposed alterations and additions which (i) comply with all applicable laws, ordinances, rules and regulations; (ii) are compatible with and does not adversely affect the Building and its mechanical, electrical, HVAC and life safety systems; (iii) will not affect the structural portions of the Building; (iv) will not interfere with the use and occupancy of any other portion of the Building by any other tenant, its employees or invitees; and (v) will not trigger any additional costs to Landlord. Specifically, but without limiting the generality of the foregoing, Xxxxxxxx's right of consent shall encompass plans and specifications for the proposed alterations or additions, construction means and methods, the identity of any contractor or subcontractor to be employed on the work of alterations or additions, and the time for performance of such work. Tenant shall supply to Landlord any additional documents and information requested by Landlord in cost within any twelve (12) month periodconnection with Xxxxxx's request for consent hereunder. Notwithstanding anything to the contrary contained in the paragraph, without Lessor's prior written consent. As a condition to Lessor's obligation to consider in connection with any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor Xxxxxx may request that Landlord advise Tenant whether or not Landlord will require Lessee Tenant to remove any such Alterations the alteration at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior Lease. Unless Landlord advises Xxxxxx in writing that Landlord will not require Tenant to remove such alteration at the expiration of the Lease Term of Lease, the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises parties agree that Tenant shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished obligated to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed remove such alteration at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination expiration of the Lease. Further, unless Lessor directs otherwise, provided Landlord acknowledges that Lessee shall retain title Tenant will not be required to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend remove any Tenant Improvements to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Leased Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.

Appears in 1 contract

Samples: Evolve Software Inc

Alterations, Additions, and Improvements. No alterations, additions, Lessee shall not make or improvements ("Alterations") shall allow to be made any alterations or physical additions in or to the Premises by Lessee without first obtaining the prior written consent of Lessor Lessor, which Lessor will consent shall not be unreasonably withholdwithheld, delayed or conditioned; provided, however, that Lessee may make Alterations acknowledges and agrees that it shall not be unreasonable for Lessor to withhold its approval to any alterations or physical additions which do are structural in nature or which could affect adversely the mechanical, plumbing or electrical systems for the Building. Lessor shall not affect the Building systemsbe liable as a result of any such consent for completeness, exterior appearancedesign sufficiency, structural components or structural integrity compliance with any law, ordinance, order, rule, or regulation and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay indemnify, defend and hold Lessor upon demand for the reasonable costs harmless from all claims, demands, damages, causes of action or litigation, arising out of or resulting from such alterations. Any and expenses of consultantsall alterations, engineersadditions or improvements, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination other than that portion of the Lease Term and initial Tenant improvements which are to restore the Premises to their prior condition be provided by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior Lessor pursuant to the expiration terms of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor providedExhibit “B” hereto, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of at Lessee’s sole expense in a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) good and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessorworkmanlike manner, in compliance with all applicable lawlaws, ordinances and in good and workmanlike mannerregulations, with a contractor approved by Lessor, which approval shall not be unreasonably withheld, conditioned or delayed. Any Alteration except furniture and trade fixturesAt Lessor’s option, all such alterations, additions or improvements upon the earlier to occur of (i) the termination date of the Lease or (ii) Lessor’s termination of Lessee’s right of possession of the Premises pursuant to Section 29 of the Lease, shall become the property of Lessor at and shall be surrendered to Lessor upon the expirationtermination of this Lease by lapse of time or otherwise; provided, however this clause shall not apply to removable equipment or sooner termination furniture owned by Lessee and which can be removed without damage to the Building or the Premises, provided there is no default by Lessee in any of the terms and conditions of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend Notwithstanding anything foregoing to the ceiling contrary, upon the earlier to occur of (i) the termination date of this Lease, or connect (ii) Lessor’s termination of Lessee’s possession of the Premises pursuant to Section 29 hereof, Lessor may require Lessee to remove the “Identified Alterations” or any part thereof, and restore the same to the customary condition of so-called “second generation space” and to restore any portion of the Building wallsshell affected by such removal to its condition prior to installation of said Identified Alterations, reasonable wear and tear excepted. The rights conferred to Lessor hereunder shall be in addition to (and not in conflict with) any other rights conferred on Lessor by this Lease, in equity or at law. At such time as Lessor approves the plans for the Tenant Improvements (as provided for in Exhibit “B”), drapery and carpeting installations made by Lessee together with all property that has become an integral part of Lessor shall identify which alterations, additions or improvements to the Premises, including without limitation, any cabling or other computer, satellite or telecommunications equipment or hardware, either located in the Premises or elsewhere within the Building or the Land, which Lessor may require be removed at expiration or earlier termination of this Lease (the “Identified Alterations”); provided, however, Lessor shall have the right until the date of expiration or earlier termination, by written notice to Lessee, to select which of the Identified Alterations shall be removed and become the property of Lessor upon the expiration, or sooner termination of the Lease, and which shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for sameremoved.

Appears in 1 contract

Samples: Lease Agreement (Inovio Biomedical Corp)

AutoNDA by SimpleDocs

Alterations, Additions, and Improvements. No alterationsSubject to the provisions of Exhibit D, additionsand except as provided below, Tenant covenants and agrees not to make or allow to be made any alterations or improvements to or in the Building or to any of the Building systems outside of the Leased Premises, or improvements ("Alterations") shall be made to any structural elements within the Premises by Lessee Leased Premises, without first obtaining the prior written consent of Lessor Landlord, which Lessor will shall not be unreasonably withholdwithheld, conditioned or delayed if such alterations or improvements are consistent with and beneficial to the Tenant’s Permitted Use of the Leased Premises. Tenant may make non-structural alterations within the Leased Premises without Landlord’s prior written consent, except as otherwise required in Exhibit D for the initial Tenant Work, and in Exhibit C for initial tenant improvements in any Expansion Space. Any alterations, physical additions or improvements when made to or in the Leased Premises by Tenant, whether temporary or permanent in character (other than Trade Fixtures), shall be deemed a part of the Property and at once become the property of Landlord and shall be surrendered to Landlord upon the termination of this Lease by lapse of time or otherwise, or, at Landlord’s option, shall be removed by Tenant and Tenant shall repair any damage caused or associated with such removal upon the expiration or earlier termination of the term of this Lease; provided, however, that Lessee may make Alterations which do this clause shall not affect apply to Trade Fixtures. All structural alterations, improvements and additions in and to the Leased Premises and all alterations or physical additions to the exterior of the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition Building systems requested or performed by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises Tenant shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished previously submitted to Landlord and approved by Lessor in writing by Landlord. Except as provided in Exhibit D, any alterations within the Leased Premises shall be performed at Tenant’s expense. Any structural, exterior or Building systems work approved by Landlord shall be accomplished by Tenant utilizing licensed contractors and subcontractors. All work performed by Tenant and its contractors and subcontractors shall be subject to the following conditions: (a) Tenant shall maintain public liability insurance in amounts not less than $1,000,000 per occurrence and $2,000,000 aggregate, insuring Tenant and Landlord against any liability that may arise on account of such construction and Tenant shall maintain xxxxxxx’x compensation insurance covering all persons employed by Tenant and will require its contractors and subcontractors to maintain xxxxxxx’x compensation insurance in connection with such work and with respect to whom death or bodily injury claims could be asserted against Tenant and/or Landlord or their respective property; (c) such construction shall not unreasonably interfere with the use by other lessees of their demised premises in the Property or Landlord’s activities with respect to the Property; (d) a certificate of insurance for each contractor and subcontractor must be submitted to the Landlord for approval, including without limitation, the type and amount of the insurance coverage, prior to commencement of work. All Alterations construction; (e) Tenant shall use reasonable efforts to insure that all Tenant’s contractors and subcontractors will be cooperative with Property personnel and comply with all Property Rules and Regulations; (f) all construction shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, done in compliance with all applicable law, and in a good and workmanlike manner. Any Alteration manner utilizing high quality materials, and any structural, exterior or Building system work approved by Landlord shall be pursuant to plans approved in advance by Landlord (except furniture as otherwise provided in this Lease), and trade fixturessuch work shall be certified by Tenant’s architect to have been constructed in accordance with the Tenant’s plans, and such certification shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, be provided that Lessee shall retain title to all furniture Landlord; (g) lien releases from each contractor and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend subcontractor must be submitted to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within Landlord within thirty (30) days after completion; and (h) all construction shall comply with all applicable governmental laws, rules and regulations, including procuring all necessary permits and approvals prior to the commencement of any such work. Tenant shall notify Landlord in writing of the completion of the approved changes or alterations. Landlord (or its authorized representative) shall have the right at any Alterationtime to inspect such changes or alterations for workmanship and compliance with the previously approved plans and specifications, Lessee, Lessee and Tenant shall provide Lessor with a complete set of "as built" plans for samepromptly correct all material deviations or defects discovered in such changes or alterations.

Appears in 1 contract

Samples: Lease Agreement (Pharmaceutical Product Development Inc)

Alterations, Additions, and Improvements. No Tenant shall not make any alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee without the Landlord's prior written consent of Lessor which Lessor will not unreasonably withholdconsent, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, except for non-structural components or structural integrity and alterations which do not exceed collectively One Hundred Five Thousand Dollars ($100,0005,000) in cost within any twelve cumulatively over the Lease Term, which are not visible from the outside of the Premises and which comply with all Rules and Regulations, Building Regulations and Landlord's structural, engineering and design requirements for the Building. Tenant shall deliver to Landlord at least ten (1210) month period, without Lessor's days' prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for notice of the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction commencement of any proposed Alterationswork on the Premises. Lessor Landlord may require Lessee Tenant to provide payment and performance bonds in form and amount satisfactory to Landlord. Landlord may elect to record and post notices of nonresponsibility on the Premises of the Building. Upon Landlord's written request Tenant shall promptly remove any such Alterations at the expiration alterations, additions, or termination improvements constructed in violation of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removalthis Section. All Alterations to be made to the Premises alterations, additions and improvements shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed accomplished at the Tenant's sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in a good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together in conformity with all property that has become an integral part applicable laws and regulations and by a contractor approved by Landlord. As soon as reasonably practicable, Tenant shall provide Landlord with copies of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Leaseall construction contracts, and shall not be deemed trade fixturesproof of payment for all labor and materials. Within thirty (30) days after Promptly upon completion of any Alterationsuch work, Lessee, Lessee Tenant shall provide Lessor Landlord with a complete set of "as built" plans plans. Tenant shall promptly pay when due all claims for samelabor and materials furnished to the Premises. Tenant shall save and hold the Landlord free and harmless (including reasonable attorney's fees and costs) from any and all claims for labor and materials and shall cause any mechanic's lien to be immediately removed from the Project and shall post with Landlord from a licensed surety acceptable to Landlord such indemnifications and/or bonds regarding any mechanic's lien as Landlord shall require.

Appears in 1 contract

Samples: Office Lease (Auxilio Inc)

Alterations, Additions, and Improvements. No (a) Tenant shall not permit the Leased Premises to be used for any purpose other than that stated in Section 2.2 hereof, or make or allow to be made any alterations, additionsphysical additions or improvements in or to the Leased Premises, or improvements ("Alterations") shall be made to place signs on or in the Leased Premises by Lessee which are visible from outside the Leased Premises, without first obtaining the prior written consent of Lessor Landlord (which Lessor consent may be withheld in Landlord's sole discretion). Notwithstanding the foregoing, Landlord will not unreasonably withholdwithhold its consent to alterations, providedphysical additions or changes to the Leased Premises that do not adversely affect the Building structural, howevermechanical, that Lessee may make Alterations which electrical, plumbing, heating, ventilating, air conditioning, life safety or other base Building improvements or systems, provided such changes (i) are not visible from the exterior of the Leased Premises or the Building, (ii) do not affect the exterior of the Building, the structure of the Building systemsor any public areas of the Project, exterior appearance, structural components or structural integrity and which (iii) do not exceed collectively One Hundred Thousand Dollars violate any provision of this Lease, ($100,000iv) in cost within do not violate any twelve Legal Requirements, and (12v) month periodwill not interfere with the use and occupancy of any other portion of the Project by any other tenant or occupant of the Project or the Complex. If Landlord consents to said alterations, improvements, or additions, or placement of signs, Landlord may impose such conditions with respect thereto as are reasonably appropriate, including without Lessor's prior written consent. As a condition limitation, requiring Tenant to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand furnish Landlord with security for the reasonable payment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, plans and expenses of consultantsspecifications, engineers, architects and others permits for reviewing such work. Tenant's plans and specifications and for monitoring construction means and methods shall be subject to Landlord's written approval. Tenant shall furnish to Landlord any documents and information requested by Landlord in connection with the construction exercise of any proposed Alterationsits rights hereunder. Lessor Landlord may require Lessee hire outside consultants to remove any review such Alterations at the expiration or termination of the Lease Term documents and information furnished to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request Landlord and a copy of all plans and specifications Tenant shall reimburse Landlord for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competentcost thereof, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designedincluding reasonable attorneys' fees, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for samedemand.

Appears in 1 contract

Samples: Lease Agreement (Zixit Corp)

Alterations, Additions, and Improvements. No Tenant shall not create any openings in the roof or exterior walls, or may all alterations, additions, additions or improvements ("Alterations") shall be made to the Premises by Lessee demise premises without the prior written 3 consent of Lessor which Lessor will Landlord. Consent for non-structural alterations, additions or improvements shall not be unreasonably withholdwithheld by Landlord. Tenant shall have the right to erect or install shelves, providedbins, howevermachinery, air conditioning or heating equipment and trade fixtures, provided that Lessee may make Alterations which do not affect the Building systemsTenant complies with all applicable governmental laws, exterior appearance, structural components or structural integrity endurances and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consentregulations. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at At the expiration or termination of this lease, Tenant shall have the Lease Term and right to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for remove such notice from Lessor provideditems as installed, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made provided Tenant is not in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed default at the sole cost time of such removal and expense provided further that Tenant shall, at time of Lessee by California licensed architectsremoval of such items, engineers, and contractors approved by Lessor, repair in compliance with all applicable law, and in a good and workmanlike mannermanner any damages caused by installation or removal thereof. Any Alteration except furniture Tenant shall pay for all costs incurred or arising out of alterations, additions or improvements in or to the demised premises and trade fixturesshall not permit a mechanic's or materialman's lien to be asserted against the demised premises. Upon request by Landlord, Tenant shall deliver to Landlord proof of payment reasonably satisfactory of Landlord of all costs incurred or arising out of any such alterations, additions or improvements. All alterations, additions or improvements in or to the demised premises shall become the property of Lessor at Landlord as the expiration, expiration or sooner termination of this lease, however, Landlord may direct the Leaseremoval of alterations, unless Lessor directs otherwise, provided that Lessee shall retain title additions or improvements by giving written notice to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend Tenant prior to the ceiling expiration or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of this lease. At the Leasedirection of Landlord, Tenant shall promptly remove all alterations, additions, and improvements and any other property placed in the demised premises by Tenant, and Tenant shall not be deemed trade fixtures. Within thirty (30) days after completion of repair in a good and workmanlike manner any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for samedamage caused by such removal.

Appears in 1 contract

Samples: Commercial Lease Agreement (Ameripath Inc)

Alterations, Additions, and Improvements. No Tenant shall not permit, make or allow to be made any construction, alterations, additions, physical additions or improvements ("Alterations") shall be made in or to the Premises by Lessee or placement of any signs in the Premises which are visible from outside the Premises (collectively, “Tenant Work”), without first obtaining the prior written consent of Lessor Landlord which Lessor may be withheld in Landlord’s sole discretion. Notwithstanding the foregoing, Landlord will not unreasonably withholdwithhold its consent to Tenant Work that: (i) does not adversely affect the Building structural, mechanical, electrical, plumbing, heating, ventilating, air conditioning, life safety or other base Building improvements or systems, (ii) is not visible from the exterior of the Premises or the Building, (iii) does not affect the exterior of the Building or any public areas of the Project, (iv) does not violate any provision of this Lease, (v) does not violate any Laws, and (vi) will not interfere with the use and occupancy of any other portion of the Project by any other tenant or occupant of the Project. Tenant’s plans and specifications and all contractors, subcontractors, vendors, architects and engineers (collectively, “Outside Contractors”) shall be subject to Landlord’s prior written approval. If requested by Landlord, Tenant shall execute a Work Letter Agreement for any such Tenant Work substantially in the form attached hereto as Exhibit D. Tenant shall pay Landlord ten percent (10%) of the cost and expenses of any Tenant Work whether undertaken by Landlord or Tenant as a construction oversight fee and for administrative cost recovery, provided, however, that Lessee such fee shall not apply to construction of any Initial Improvements. Landlord may make Alterations which do not affect the Building systemshire outside consultants to review such documents and information furnished to Landlord, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee Tenant shall pay Lessor upon demand reimburse Landlord for the reasonable costs and expenses of consultantsactual cost thereof, engineersincluding reasonable attorneys’ fees, architects and others for reviewing plans and specifications and for monitoring the construction upon demand. Neither review nor approval by Landlord of any proposed Alterations. Lessor may require Lessee to remove any plans or specifications shall constitute a representation or warranty by Landlord that such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of documents either (i) the expiration of the Lease Term are complete or suitable for their intended purpose, or (ii) thirty comply with Applicable Laws, it being expressly agreed by Tenant that Landlord assumes no responsibility or liability whatsoever to Tenant or any other person or entity for such completeness, suitability or compliance. Tenant shall furnish any documents and information reasonably requested by Landlord, including “as-built” drawings (30both in paper and in electronic format acceptable to Landlord) days after completion of such Tenant Work. Landlord may impose such conditions on Tenant Work as are reasonably appropriate, including without limitation, compliance with any construction rules adopted by Landlord from time to time, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such Tenant Work, insurance covering Landlord against liabilities which may arise out of such work, plans and specifications, and permits for such Tenant Work. Any and all Tenant Work shall become the property of Landlord upon completion and shall be surrendered to Landlord upon the termination prior to the or expiration of this Lease for any reason, unless Landlord shall require removal or restoration by Tenant. Tenant shall not allow any liens to be filed against the Lease Term of Premises or the Lease or Project in connection with any Tenant Work. If any liens are filed, Tenant shall cause the same to be released within ten (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (510) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removalfiling by bonding or other method acceptable to Landlord. All Alterations to be made to the Premises Outside Contractors shall maintain insurance in amounts and types required by, and in material compliance with, Section 20. XXXXX 25 (or its equivalent) certificates of insurance evidencing such coverage shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished provided to and approved by Lessor in writing Landlord prior to commencement of workany Tenant Work. All Alterations Outside Contractors shall be designed, constructed perform all work in a good and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessorworkmanlike manner, in compliance with all Laws and all applicable law, Project Rules and in good and workmanlike mannerBuilding construction rules. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, No Tenant Work shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixturesunreasonably disruptive to other tenants. Within thirty (30) days after Prior to final completion of any AlterationTenant Work, LesseeLandlord shall prepare and submit to Tenant a punch list of items to be completed, Lessee and Tenant shall provide Lessor with a diligently complete set of "as built" plans for sameall such punch list items.

Appears in 1 contract

Samples: Lease Agreement (Hyperdynamics Corp)

Alterations, Additions, and Improvements. No alterationsExcept for nonstructural alterations which do not affect the electrical or mechanical systems of the Building, Tenant shall not make any alterations of, additions, or improvements ("Alterations") shall be made to the Leased Premises by Lessee without first obtaining the prior express written consent of Lessor Landlord, which Lessor will consent shall not be unreasonably withholdwithheld, conditioned, or delayed. Unless otherwise provided by the terms of Landlord's consent to the making thereof, all alterations shall be part of the Leased Premises and shall remain upon the Leased Premises upon termination of this Lease or any portion thereof. No additional buildings or structures may be built by Tenant on any portion of the Premises. Upon any request for approval of alterations or additions, Tenant shall submit to Landlord complete plans and specifications and such other information as Landlord may reasonably require to evaluate Tenant's proposed changes; provided, however, that Lessee if Tenant's proposed work is to be performed without the preparation of plans and specifications, Tenant may make Alterations which do not affect submit a written description of the Building systems, exterior appearance, structural components proposed work adequate to allow Landlord to evaluate Tenant's request for approval. Landlord agrees to approve or structural integrity deny Tenant's request within twenty-one (21) days from the date all required plans and which do not exceed collectively One Hundred Thousand Dollars other information are submitted to Landlord. If Landlord fails to respond within said twenty-one ($100,00021) in cost within any twelve (12) month day period, without Lessorsuch failure shall be deemed to be approval of Tenant's prior written consentrequest. As a condition If Landlord denies Tenant's request, Landlord agrees to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee state its reasons for such notice from Lessor provideddenial, that, if Lessee requests same from Lessor, Lessor will notify Lessee to meet and confer with Tenant within five (5) business days after receipt its denial for the purpose of Lesseeattempting to resolve Landlord's request objections which caused it to deny approval, and a copy of all to grant Tenant the opportunity to resubmit revised plans and specifications for accordingly. In the proposed Alteration whether it will require removalevent of such resubmission, Landlord shall respond within seven (7) days after the resubmission, and its failure to do so shall constitute approval. All Alterations Any and all improvements constructed on the Leased Premises shall at all times comply, when constructed, with all laws of any governmental authority having jurisdiction over the Leased Premises and any condition, restriction or other matter of record title to which the Leased Premises are subject. Any and all alterations, additions and/or improvements hereafter to be made to erected on the Leased Premises by Tenant shall be made under the supervision of constructed in a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) good and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineersworkmanlike manner, and contractors approved by Lessor, in compliance with all applicable lawbuilding laws, environmental requirements, and the like, and in good accordance with zoning as aforesaid and workmanlike mannerin full compliance with the terms and conditions of this Lease. Any Alteration except furniture Tenant shall, at its own cost and trade fixturesexpense, obtain all permits and licenses which may be required for its occupancy and use of the Leased Premises and for any alterations, additions or improvements. In the event that any building permits or the like shall become the property of Lessor require joinder therein by Landlord, Landlord agrees to execute such instruments as may be reasonably required for said purpose; but any and all proceedings shall be solely at the expirationcost and expense of Tenant, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title without Landlord being required to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of respond thereto in any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for samemanner whatsoever.

Appears in 1 contract

Samples: Lease (Streamline Com Inc)

Alterations, Additions, and Improvements. No alterations, (a) Tenant shall not make any alterations additions, additions or improvements ("Alterations") shall be made to the Premises by Lessee Property (other than the Leasehold Improvements to be constructed in accordance with the terms and conditions set forth in Section 6.02(c)) without the prior written consent of Lessor Landlord (which Lessor will consent shall not be unreasonably withholdwithheld, delayed or conditioned as to interior, non-structural alterations); provided, however, that Lessee may Tenant may, without Landlord's consent, make Alterations alterations which do not affect are nonstructural in character and the Building systems, exterior appearance, structural components or structural integrity and cost of which do does not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within 100,000 during any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for calendar year of the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination Term of the Lease ("Permitted Non-Structural Alterations"). Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires. Notwithstanding the foregoing, the installation of such shelves, bins, machinery, trade fixtures and all alterations, additions and improvements, including without limitation Permitted Non-Structural Alterations, shall be subject to the conditions that: (i) such items do not alter the basic character of the Property; (ii) such items do not overload or damage the Property; (iii) such items may be removed without injury to the Property; and (iv) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant (other than the Leasehold Improvements to restore be constructed in accordance with the Premises to their prior condition by written notice given terms and conditions set forth on Exhibit "C") shall be removed on or before the earlier of (i) the expiration to occur of the date of termination of this Lease Term or (ii) thirty (30) days after termination prior vacating of the Property by Tenant, at which time Tenant shall restore the Property to the expiration condition as existed upon completion of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor providedinitial Leasehold Improvements, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request reasonable wear and a copy of all plans and specifications for the proposed Alteration whether it will require removaltear excepted. All Alterations to be made to the Premises alterations, installations, removals and restoration shall be made under the supervision of performed in a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become manner so as not to damage or alter the property of Lessor at the expiration, primary structure or sooner termination structural qualities of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture Building and trade fixtures placed other improvements situated on the PremisesProperty. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend Notwithstanding anything to the ceiling or connect contrary contained herein, but subject to Building wallsthe provisions of Section 6.06(b), drapery it is agreed that the use of and carpeting installations made by Lessee together with all property that has become an integral part access to the roof of the PremisesBuilding is expressly reserved to Landlord and is expressly denied to Tenant (except in order to permit Tenant to discharge its obligations to repair, shall be maintain and become service the property of Lessor upon HVAC unit situated on the expiration, or sooner termination roof of the Building or to comply with Tenant's other obligations under this Lease). Subject to Section 6.06(b), and Tenant shall not be deemed trade fixtures. Within thirty penetrate the roof of the Building in any manner, nor install or construct any alterations, additions or improvements thereon, nor otherwise use or occupy the roof at any time during the Term hereof (30) days after completion except such use and occupation of any Alteration, Lessee, Lessee shall provide Lessor the roof as is necessary in order to permit Tenant to comply with a complete set the provisions of "as built" plans for samethis Lease).

Appears in 1 contract

Samples: Lease Agreement (Icon Health & Fitness Inc)

Alterations, Additions, and Improvements. No alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee Tenant without the prior written consent of Lessor Landlord, which Lessor will shall not be unreasonably withhold, withheld; provided, however, that Lessee Tenant, without Landlord’s prior written consent, but upon not less than ten (10) business days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the Building systems, exterior appearance, structural integrity or any structural components of the Building or structural integrity and which the Project, (c) are not visible from the exterior of the Building, (d) do not exceed collectively One Hundred require a building permit, and (e) do not involve the expenditure of more than Ten Thousand Dollars ($100,00010,000.00) in cost within any given instance or Twenty-Five Thousand Dollars ($25,000) in the aggregate during any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's Landlord’s obligation to consider any request for consent hereunder, Lessee shall Tenant hereby agrees to pay Lessor Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor In addition, if Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Lessee Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. Notwithstanding the foregoing, any Alterations not approved by written notice given on or before the earlier Landlord in writing (regardless of (iwhether such Alterations required Landlord’s approval hereunder) shall, unless otherwise directed by Landlord, be removed at the expiration or sooner termination of the Lease Term or (ii) thirty (30) days after termination and Tenant shall restore the Premises to their prior condition pursuant to the expiration terms of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removalSection 17.09 hereof. All Alterations to be made to the Premises shall be designed by and made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by LessorLandlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor Landlord in writing prior to commencement of work. All Alterations shall be designed, constructed and installed installed, at the sole cost and expense of Lessee Tenant, by California licensed architects, engineers, and contractors approved by LessorLandlord, in compliance with the terms and conditions of the Work Letter Agreement attached hereto as Exhibit C, along with all applicable lawApplicable Laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Santa Xxxx and any other applicable governmental agencies. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain title to ownership thereof), all furniture and trade fixtures placed on the Premises. All heatingAlterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning, conditioning and full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls)partitioning, drapery and carpeting installations made by Lessee Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Lessor upon Landlord at the expiration, expiration or sooner termination of the Lease, . Tenant shall retain title to all furniture and shall not be deemed trade fixturesfixtures placed on the Premises. Within thirty (30) days after completion of any AlterationAlterations, Lessee, Lessee Tenant shall provide Lessor Landlord with (A) a complete set of "both hard copies and CAD drawings of “as built" plans for samesuch Alterations, and (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor and, if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereof.

Appears in 1 contract

Samples: Work and Interior Specification Standards (Imprivata Inc)

Alterations, Additions, and Improvements. No Lessee may make no alterations, additions, or improvements ("Alterations") shall be made in or to the Premises by Lessee demised premises or any part thereof without the prior written consent of Lessor Lessor, which Lessor will consent shall not be unreasonably withholdwithheld. Lessor, providedin its sole discretion, howevershall determine if any alterations, that Lessee may make Alterations which do not affect the Building systemsimprovements or additions in, exterior appearanceon, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises demised premises shall be made under by Lessee. Any such alterations, additions or improvements in, on or to the supervision demised property shall at once become a part of the demised premises as a competentfixture. Any period of alterations, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved additions or improvements by Lessor) Lessee shall be made by Lessee at Lessee’s sole cost and expense. Lessee shall guaranty that any alterations or improvements shall be made in accordance with plans good and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessorxxxxxxx like manner, in compliance with all applicable lawgovernment requirements, and in good and workmanlike mannerrating bureau recommendations. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that The Lessee shall retain title obtain all necessary permits from governmental authorities, and shall pay all fees and penalties associated therewith. Lessee agrees not to all furniture and trade fixtures placed on create, incur, impose or permit, to exist any lien or other obligation against the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend demised premises or Lessor because of any repair or decoration permitted or required to the ceiling or connect to Building walls), drapery and carpeting installations be made by Lessee together with pursuant to the terms of this lease. Lessee agrees to hold Lessor harmless from and all property that has become an integral part claims and demands by contractors or any third parties against the demised premises or Lessor relating to, or arising out of such alterations, improvements, repairs or decorations. Lessee shall have no authority to create or place any lien or encumbrance of any kind whatsoever upon or in any manner to bind the Premises, shall be and become the property interest of Lessor in the demised premises. Lessee covenants and agrees to pay promptly all sums legally due and payable by it because any labor performed or materials purchased for the demised premises upon which lien can or may be asserted against demised premises or the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for sameimprovements thereon.

Appears in 1 contract

Samples: Commercial Lease

Alterations, Additions, and Improvements. No alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee Tenant without the prior written consent of Lessor Landlord, which Lessor consent Landlord will not unreasonably withhold, providedcondition or delay and which consent shall be granted or denied within four (4) business days after such written request. In the event Landlord fails to promptly respond to such request, howeverthen Tenant may resubmit the same to Landlord’s representative with a cover letter stating “Landlord’s failure to respond within four (4) business days shall result in the deemed approval of the attached” in all capital letters and in bold face type. In the event Landlord thereafter fails to respond to the request for consent to Alterations by the date which is the later of the original response period set forth above or the four (4) business days following the second notice, that Lessee then consent to such Alterations shall be deemed granted by Landlord. Notwithstanding the foregoing, Tenant may make Alterations (including removal and rearrangement of Alterations) which do not affect the Building 8 systems, exterior appearance, structural components or structural integrity integrity, which do not require a building permit and which do not exceed collectively One Hundred Ten Thousand Dollars ($100,00010,000.00) in cost within any twelve (12) month period, without Lessor's Landlord’s prior written consent; further provided, notwithstanding anything to the contrary set forth herein, Landlord’s consent shall not be required for any Alteration that is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting, subject to compliance with the Rules and Regulations. As a condition to Lessor's Landlord’s obligation to consider any request for consent hereunder, Lessee Tenant shall pay Lessor upon reimburse Landlord within thirty (30) days following demand for the reasonable out-of-pocket costs and expenses of third party consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor Landlord may require Lessee Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior pursuant to the expiration terms of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for Section 18.9 hereof, provided that Landlord shall make such notice from Lessor provided, thatelection, if Lessee requests same from Lessorat all, Lessor will notify Lessee within five (5) business days after receipt at the time consent to such Alteration is given, if such election is requested in writing of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removalLandlord at such time by Tenant. All Alterations to be made to the Premises which require Landlord’s consent shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by LessorLandlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor Landlord in writing prior to commencement of work. All Alterations requiring a building permit shall be designed, constructed and installed at the sole cost and expense of Lessee Tenant by California licensed architects, engineers, and contractors approved by LessorLandlord, in compliance with all applicable lawApplicable Law, and in good and workmanlike manner, and shall have been approved in writing by Redwood City and any other applicable governmental agencies. Any Alteration except furniture Such approvals shall not be unreasonably withheld, conditioned or delayed by Landlord. Subject to Landlord’s right to have Tenant retain ownership and trade fixturesremove same, shall become the property of Lessor at the expirationany Alteration, or sooner termination of the Leaseincluding, unless Lessor directs otherwisewithout limitation, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, heating, ventilation, air conditioning, conditioning (with the exception of any portable cooling units which are not affixed to the Premises or any improvements therein in any way) and full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls)partitioning, drapery and carpeting installations made by Lessee Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Lessor upon Landlord at the expiration, expiration or sooner termination of the this Lease, unless Landlord directs otherwise. Tenant shall retain title to all furniture and shall not be deemed trade fixturesfixtures placed on the Premises by Tenant. Within thirty (30) days after completion of any AlterationAlteration requiring a building permit, Lessee, Lessee Tenant shall provide Lessor Landlord with a complete set of "both hard copies and CAD drawings of “as built" plans for the same. This Section shall not apply to any the Tenant Improvements performed in accordance with the Tenant Work Letter.

Appears in 1 contract

Samples: Lease Agreement (C3.ai, Inc.)

Alterations, Additions, and Improvements. No After the Commencement Date, Tenant shall not permit, make or allow to be made any construction, alterations, additions, physical additions or improvements ("Alterations") shall be made in or to the Premises by Lessee without obtaining the prior written consent of Lessor Landlord, which Lessor shall not be unreasonably withheld (“Tenant Work”), nor place any signs in the Premises which are visible from outside the Premises, without obtaining the prior written consent of Landlord, which may be withheld in Landlord’s sole discretion. For purposes of clarification, Initial Improvements are not considered “Tenant Work” for purposes of this Section 16. Notwithstanding the foregoing, Landlord will not unreasonably withholdwithhold its consent to Tenant Work that: (i) is non-structural and does not adversely affect any Building Systems or improvements, provided(ii) is not visible from the exterior of the Premises, however, that Lessee may make Alterations which do (iii) does not affect the exterior of the Building systemsor any Common Areas, exterior appearance(iv) does not violate any provision of this Lease, structural components (v) does not violate any Laws, and (vi) will not interfere with the use and occupancy of any other portion of the Project by any other tenant or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consentoccupant of the Project. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing Tenant’s plans and specifications and all contractors, subcontractors, vendors, architects and engineers (collectively, “Outside Contractors”) shall be subject to Landlord’s prior written approval. If requested by Landlord, Tenant shall execute a work letter for monitoring any such Tenant Work substantially in the form then used by Landlord for construction performed by tenants of the Building. Tenant shall pay Landlord a construction oversight fee in an amount equal to five percent (5%) of the cost and expense of any Tenant Work whether undertaken by Landlord or Tenant; the construction of any proposed Alterations. Lessor may require Lessee oversight or management fee, if any, applicable to remove any such Alterations at the expiration or termination construction of the Lease Term and to restore Initial Improvements shall be governed by the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration terms of the Lease Term or (ii) Work Letter and not by the provisions of this Section. Landlord may hire outside consultants to review such documents and information furnished to Landlord, and Tenant shall reimburse Landlord for the cost thereof, including reasonable attorneys’ fees, in an amount not to exceed $2,500.00, within thirty (30) days of demand. Neither review nor approval by Landlord of any plans or specifications shall constitute a representation or warranty by Landlord that such documents either (i) are complete or suitable for their intended purpose, or (ii) comply with applicable Laws, it being expressly agreed by Tenant that Landlord assumes no responsibility or liability whatsoever to Tenant or any other person or entity for such completeness, suitability or compliance. Tenant shall furnish any documents and information reasonably requested by Landlord, including “as-built” drawings (both in paper and in electronic format acceptable to Landlord) after termination prior completion of such Tenant Work. Landlord may impose such conditions on Tenant Work as are reasonably appropriate, including without limitation, compliance with any construction rules adopted by Landlord from time to time, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such Tenant Work, insurance covering Landlord against liabilities which may arise out of such work, plans and specifications, and permits for such Tenant Work. All Building Standard Tenant Work shall become the property of Landlord upon completion and shall be surrendered to Landlord upon the expiration or earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease, unless Landlord shall require removal or restoration of such Tenant Work by Tenant. All Tenant Work that is Above Standard shall be and remain the property of Tenant, and shall be maintained by Tenant in good condition and repair throughout the Term, until the expiration or earlier termination of this Lease Term or Tenant’s right to possession of the Premises under this Lease, at which time such Tenant Work shall become the property of Landlord and shall be surrendered to Landlord with the Premises, unless Landlord specifies, at the time of the approval of the installation of such Above Standard Tenant Work, that Landlord will require Tenant to remove same upon the expiration or earlier termination of the Lease or (iii) thirty (30) days after a written request Tenant’s right to possession of the Premises under the Lease. Any Tenant Work that Tenant is required to remove from Lessee for the Premises upon the expiration or earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease shall be removed at Tenant’s sole expense, and Tenant shall, at Tenant’s expense, promptly repair any damage to the Premises or the Building caused by such notice from Lessor providedremoval. Tenant shall not allow any liens to be filed against the Premises or the Project in connection with any Tenant Work. If any liens are filed, that, if Lessee requests Tenant shall cause the same from Lessor, Lessor will notify Lessee to be released within five (5) business days after Tenant’s receipt of Lessee's request and a copy written notice of all plans and specifications for the proposed Alteration whether it will require removalfiling of such lien by bonding or other method acceptable to Landlord. All Alterations to be made to Outside Contractors shall maintain insurance in amounts and types required by, and in compliance with, Section 20. An XXXXX 25 (or its equivalent) certificates of insurance in the Premises most recent edition available evidencing such coverage shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished provided to and approved by Lessor in writing Landlord prior to commencement of workany Tenant Work. All Alterations Outside Contractors shall be designed, constructed perform all work in a good and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessorworkmanlike manner, in compliance with all Laws and all applicable law, Project Rules and in good and workmanlike mannerBuilding construction rules. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, No Tenant Work shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixturesunreasonably disruptive to other tenants. Within thirty (30) days after Prior to final completion of any AlterationTenant Work, LesseeLandlord shall prepare and submit to Tenant a punch list of items to be completed, Lessee and Tenant shall provide Lessor with a diligently complete set of "as built" plans for sameall such punch list items.

Appears in 1 contract

Samples: Commercial Lease (Fleetmatics Group PLC)

Alterations, Additions, and Improvements. No alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Fifty Thousand Dollars ($100,00050,000) in cost within any twelve (12) month period, without Lessor's ’s prior written consent. As a condition to Lessor's ’s obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's ’s request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.

Appears in 1 contract

Samples: Broadvision Inc

Alterations, Additions, and Improvements. No (a) Tenant shall not make any alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without LessorLandlord's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for Landlord reserves the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations right at the expiration or earlier termination of the Lease Term to require that any alterations, additions or improvements constructed by or for Tenant and to restore the Premises to their prior condition by written notice given on with or before the earlier of (i) the expiration of the Lease Term without Landlord’s consent be removed, in which event Tenant shall promptly remove any such alterations, additions, or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a improvements upon Landlord's written request from Lessee for and repair any damage caused by such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises alterations, additions, and improvements shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been done pursuant to plans approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by LessorLandlord in advance, in compliance with all applicable law, and in a good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expirationusing only new materials, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together in conformity with all property that has become an integral part of the PremisesApplicable Laws and by a licensed California contractor approved by Landlord, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and which approval shall not be deemed trade fixturesunreasonably withheld and such contractor shall maintain liability, workmen’s compensation and other insurance in amounts as may be reasonably required and approved by Landlord. Within thirty (30) days Tenant shall be responsible, at Tenant’s sole cost and expense, for obtaining any and all permits and approvals required for any alterations, additions or improvements to be performed by Tenant and shall deliver a copy of same to Landlord upon receipt by Tenant. Upon completion of any such work, Tenant shall provide Landlord with proof of payment for all labor and materials and copies of all construction contracts, and to the extent available, “as built” plans. If so requested by Landlord, Tenant agrees to prepare a Notice of Completion, in statutory form, for filing by Landlord, promptly after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for samesuch improvements by Tenant.

Appears in 1 contract

Samples: Lease Agreement (iPower Inc.)

Alterations, Additions, and Improvements. No LESSEE may erect such alterations, additions, and improvements inside the premises as it desires only upon receiving the prior written consent of LESSOR, which consent shall not be unreasonably withheld or delayed. Minor alterations, additions and improvements will not require the prior written consent of LESSOR. All such alterations, additions, or improvements ("Alterations") shall be made to performed in a workmanlike manner and shall not weaken or impair the Premises by Lessee without structural strength or lessen the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination value of the Lease Term building and to restore the Premises to their prior condition by written notice given on premises, or before change the earlier of (i) purposes for which the expiration of the Lease Term building, or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease any part thereof, may be used. Any such alterations, additions, or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises improvements shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed erected at the sole cost and expense of Lessee by California licensed architects, engineersLESSEE, and contractors approved LESSEE shall have no right, authority, or power to bind LESSOR or any interest of LESSOR in the Leased Premises, for the payment of any claim for labor or materials or for any charge or expense incurred in the erection, construction, or maintenance of such improvements, nor to render said Leased Premises liable for any lien for labor, material, or any other charge incurred in connection therewith. LESSEE shall in no way be considered the agent of LESSOR in the erection, construction, operation and maintenance of said improvements, including electrical, plumbing and anything screwed, bolted or attached to the building, unless specifically excluded by written agreement between the LESSEE and Lessor. "Trade fixtures" put in at the expense of LESSEE, in compliance shall remain upon and be surrendered with all applicable lawthe premises as a part thereof, at any termination of this lease, for any cause, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the PremisesLESSOR. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and LESSEE shall not allow any mechanic or materialmen liens to be deemed trade fixturesfiled against the Leased Premises or any part thereof for work performed by or on behalf of LESSEE. Within thirty If any such lien is filed, LESSEE shall immediately cause such lien to be released by posting an appropriate bond or paying the claim that is the basis for the lien. LESSEE is leasing the Leased Premises in an as is condition except for the improvements to be constructed by LESSOR (30at LESSOR'S sole expense) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of listed in EXHIBIT "as builtC" plans for sameattached to this lease.

Appears in 1 contract

Samples: Lease Agreement (Sportsmans Guide Inc)

Alterations, Additions, and Improvements. No alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee Tenant without the prior written consent of Lessor Landlord, which Lessor will shall not be unreasonably withholdwithheld, conditioned or delayed; provided, however, that Lessee Tenant, without Landlord’s prior written consent, but upon not less than ten (10) business days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the Building systems, exterior appearance, structural integrity or any structural components of the Building or structural integrity and which the Project, (c) are not visible from the exterior of the Building, (d) do not exceed collectively One Hundred require a Building permit, and (e) do not involve the expenditure of more than Twenty-Five Thousand and 00/100 Dollars ($100,00025,000.00) in cost within any given instance or Fifty Thousand and 00/100 Dollars ($50,000.00) in the aggregate during any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's Landlord’s obligation to consider any request for consent hereunder, Lessee shall Tenant hereby agrees to pay Lessor Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor In addition, if Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one percent (1.0%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Lessee Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior pursuant to the expiration terms of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, Section 17.09 hereof; provided that, if Lessee requests same from LessorTenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, Lessor will notify Lessee within five (5) business days after receipt then Landlord shall make its election to require removal of Lessee's request and a copy of all plans and specifications for such Alterations, if at all, at the proposed Alteration whether it will require removaltime consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by LessorLandlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor Landlord in writing prior to commencement of work. All Alterations shall be designed, constructed and installed installed, at the sole cost and expense of Lessee Tenant, by California licensed architects, engineers, and contractors approved by LessorLandlord, in compliance with all applicable law, and in good and workmanlike manner, and shall have been approved in writing by the City of San Diego and any other applicable governmental agencies. Any Alteration except furniture and trade fixtures, shall become the property of Lessor Subject to Landlord’s right (by notifying Tenant in writing at the expiration, or sooner termination time of the Lease, unless Lessor directs otherwise, provided that Lessee Landlord’s approval thereof) to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain title to ownership thereof), all furniture and trade fixtures placed on the Premises. All heatingAlterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning, conditioning and full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Lessor upon Landlord at the expiration, expiration or sooner termination of the Lease, . Tenant shall retain title to all furniture and shall not be deemed trade fixturesfixtures placed on the Premises. Within thirty sixty (3060) days after completion of any AlterationAlterations, Lessee, Lessee Tenant shall provide Lessor Landlord with (A) a complete set of "both hard copies and CAD digital files of “as built" plans for samesuch Alterations, and (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor and, if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereof.

Appears in 1 contract

Samples: Lionbridge Technologies Inc /De/

Alterations, Additions, and Improvements. No (a) Tenant shall not make any alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee Property (“Tenant’s Alterations”) without the Landlord’s prior written consent consent, except for non-structural interior alterations that (i) are designed to facilitate Tenant’s Customers’ receipt of Lessor which Lessor will not unreasonably withholdservices from Tenant, providedincluding, howeverwithout limitation, that Lessee may make Alterations which do not affect cages, cabinets, conduit, racks, and custom duct work for Tenant’s Customers (the Building systems“Customer Work”) or, exterior appearancein case of alterations unrelated to the Customer Work, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000100,000.00) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or Constant Dollars in cost; (ii) thirty (30) days after termination prior to are not visible from the expiration outside of the Lease Term of the Lease or Building; and (iii) thirty do not alter or penetrate the floor slab or the roof membrane (30collectively, the “Permitted Alterations”). Other than with respect to the Permitted Alterations, Landlord may require Tenant to provide demolition and/or lien and completion bonds in form and amount satisfactory to Landlord. Tenant shall promptly remove any Tenant’s Alterations constructed in violation of this Section 6.05(a) days after a upon Landlord’s written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removalrequest. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Tenant’s Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, performed in compliance with all applicable law, and in a good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together in conformity with all property that has become an integral part of the PremisesApplicable Laws, and all contractors and subcontractors shall be and become the property of Lessor upon the expirationapproved by Landlord, or sooner termination of the Lease, and which approval shall not be deemed trade fixturesunreasonably withheld. Within thirty (30) days after Upon completion of any Alterationsuch work, Lessee, Lessee Tenant shall provide Lessor Landlord with a complete set of "as built" ” plans, copies of all construction contracts, and proof of payment for all labor and materials. With respect to “as built” plans for samethe Customer Work, Landlord shall keep the same confidential if such plans are conspicuously marked “confidential” and are not a matter of public record. Notwithstanding anything to the contrary in this Section, Tenant must obtain Landlord’s prior written consent for any Tenant’s Alterations that will (or may) be visible from the outside of the Building. Landlord shall have the right, in its sole discretion, to determine the location of any such visible Tenant’s Alterations and require the screening of such items at Tenant’s sole cost and expense.

Appears in 1 contract

Samples: Nondisturbance and Attornment Agreement (Switch, Inc.)

Alterations, Additions, and Improvements. No A. Except for minor decorative alterations, no additional alternations, additions or improvements shall be made by Tenant without Landlord's written approval, which approval shall not be unreasonably withheld or delayed. B. Tenant, at It's sole cost and expense, shall complete all of Tenant's interior improvements subject to Landlord's written approval. Tenant's improvements shall be done in a good and workmanlike manner with materials of good quality and pursuant to appropriate governmental permits and in compliance with applicable laws and insurance requirements. Tenant's construction shall not interfere with the conducting of business by other tenants in the building. During the Lease Term, Tenant shall provide Landlord with waivers of liens for any improvements done by Tenant or Tenant's contractors to the Leased Premises or shall bond or insure over any mechanic's liens with bonding or insurance companies reasonably acceptable to Landlord. In the event Tenant fails to provide said lien waivers or bond or insurance and Landlord is required to pay for such improvements in order to remove or avoid the filing of liens, then any such sums paid by Landlord shall be considered as additional rent and shall be payable by Tenant to Landlord on demand. C. During the course of construction of the improvements, Landlord and its representative may, upon reasonable prior notice of Tenant, inspect (but shall have no duty or obligation to inspect) Tenant's construction of improvements and the materials being used. If as a result of such inspection, Landlord, or its representative shall determine that any materials do not substantially conform to, or that the improvements are not being constructed in accordance with the terms of this Lease, prompt notice thereof may be given by Landlord to Tenant specifying the nature of the deficiency or defect or omission. Upon the receipt of any such notice, Tenant shall promptly take such steps as may be necessary to correct such defect. In the event that Tenant fails to correct said defect, or commence to cure said defect within thirty (30) days after Landlord's notice (or immediately, if an emergency) Landlord shall have the right, but not the obligation, in addition to any other remedies available to Landlord, to undertake same at Tenant's expense. In such event, Tenant shall pay as additional rent to Landlord for the cost of such work immediately upon receipt of an invoice therefore together with interest thereon at the annual rate of eighteen percent (18%) from the date expended by Landlord until paid in full. D. All of Tenant's contractors and subcontractors of its contractors shall carry public liability insurance with at least $1,000,000 single limit broad form coverage and worker's compensation insurance, and each such insurance policy shall name Landlord and the owner and, their beneficiaries, officers, directors, shareholders, Managers and Members, the agents of Landlord and the owner and their agents' beneficiaries, officers, directors, shareholders, Managers and Members as additional insureds. Each such contractor and subcontractor shall submit to Landlord proof of such insurance before they may begin work on the Leased Premises. E. During construction of improvements, Tenant shall carry builder's risk insurance, public liability insurance and worker's compensation insurance, in such amounts as are reasonably acceptable to Landlord, provided that the builder's risk policy coverage shall be at least in an amount sufficient to cover all so-called "hard costs" of construction of Tenant's improvements, together with adequate soft cost coverage. Landlord and the owner and, their beneficiaries, officers, directors, shareholders, Managers and Members, the agents of Landlord and the owner and their agents' beneficiaries, officers, directors, shareholders, Managers and Members shall be named as additional insureds under said policies. Tenant shall deliver certificates of insurance to Landlord prior to commencement of construction reflecting the coverage thereunder and showing the additional insureds required hereunder. F. All alterations, additions, or improvements ("Alterations") made by Tenant shall be made to become the Premises by Lessee without the prior written consent property of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations Landlord at the expiration or termination of the Lease Term and this Lease, except trade fixtures. Tenant may remove trade fixtures belonging to restore the Premises to their prior condition by written notice given on or before the earlier of (i) Tenant at the expiration of the Lease Term Term, provided that any damage or (ii) thirty (30) days after termination prior injury caused to the expiration real estate by reason of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises removal shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved repaired by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed Tenant at the its sole cost and expense of Lessee by California licensed architectsexpense. Notwithstanding anything herein to the contrary, engineersaffixed dock plates and dock lights are to become realty and not personalty, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall may not be deemed trade fixturesremoved by Tenant. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same10.

Appears in 1 contract

Samples: Land Lease Agreement (Ace Hardware Corp)

Alterations, Additions, and Improvements. No alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee without LESSEE has accepted LEASED PREMISES “As Is” in its current condition. LESSEE has requested and has received the prior written consent approval of Lessor which Lessor will not unreasonably withholdLESSOR to make, providedentirely at LESSEE’S expense, howeveralterations, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components additions or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) improvements in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Leased Premises to their prior condition by written notice given on and buildings. Any such alteration, addition or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request improvement is being and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations shall continue to be made to the Premises shall be made under the supervision of performed in a competentworkmanlike manner, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, governmental regulations and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Leaserequirements, and shall not weaken or impair the structural strength or lessen the value of the Leased Premises or buildings. All improvements are being and will continue to be deemed trade fixturespaid for by LESSEE. Within thirty Improvements to the Leased Premises shall comply with applicable laws, regulations and codes and shall only be made with the prior written approval of LESSOR. All improvements on or in the Leased Premises prior to LESSEE’S occupancy shall remain property of LESSOR. All improvements that are affixed or permanently attached to the Leased Premises including buildings and fixtures installed by LESSEE at any time before or after LESSEE’S occupancy of the Leased Premises shall be LESSOR’S property. All improvements installed by LESSEE on or in the Leased Premises at the time of their occupancy and any that may have been erected or installed subsequently excluding buildings and fixtures shall be LESSEE’S property. Any construction or improvements within the Leased Premises will require prior approval from LESSOR through a certification to ensure that any such activity is a compatible use with this Lease and is compliant with the review and approval of the State Public Works Board (30) days after completion SPWB). Upon cancellation or termination of this Lease, LESSEE will remove their property at LESSEE’S sole expense and remove any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for sameimprovements pursuant to condition 4a.

Appears in 1 contract

Samples: Lease Agreement

Alterations, Additions, and Improvements. No Tenant may erect such alterations, additions, and improvements inside the premises as it desires only upon receiving the prior written consent of Landlord. Minor non-structural alterations, additions and improvements with aggregate cost of less than $10,000 will not require the prior written consent of Landlord. All such alterations, additions, or improvements ("Alterations") shall be made to performed in a workmanlike manner and shall not weaken or impair the Premises by Lessee without structural strength or lessen the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination value of the Lease Term building and to restore the Premises to their prior condition by written notice given on premises, or before change the earlier of (i) purposes for which the expiration of the Lease Term building, or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease any part thereof, may be used. Any such alterations, additions, or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises improvements shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed erected at the sole cost and expense of Lessee by California licensed architects, engineersTenant, and contractors approved by LessorTenant shall have no right, authority, or power to bind Landlord or any interest of Landlord in compliance with all applicable lawthe Leased Premises, for the payment of any claim for labor or materials or for any charge or expense incurred in the erection, construction, or maintenance of such improvements, nor to render said Leased Premises liable for any lien for labor, material, or any other charge incurred in connection therewith, and Tenant shall in good no way be considered the agent of Landlord in the erection, construction, operation and workmanlike manner. Any Alteration maintenance of said improvements, including electrical, plumbing and anything screwed, bolted or attached to the building, unless specifically excluded by written agreement between the Tenant and Landlord except furniture and trade fixtures” put in at the expense of Tenant, shall remain upon and be surrendered with the premises as a part thereof, at any termination of the lease, for any cause, and shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the PremisesLandlord. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and Tenant shall not allow any mechanic or materialmen liens to be deemed trade fixturesfiled against the Leased Premises or any part thereof. Within thirty (30) days after completion If any such lien is filed, Tenant shall immediately cause such lien to be released by posting an appropriate bond or paying the claim which is the basis for the lien. Tenant is leasing the Leased Premises in its “as is” condition except for the improvements to be constructed by Landlord listed in Section 32 of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for samethis lease.

Appears in 1 contract

Samples: Lease Agreement (AgEagle Aerial Systems Inc.)

Alterations, Additions, and Improvements. No A. Tenant shall not make any alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee Leased Premises, Building or Property without the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's Landlord’s prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee Landlord shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove provide Tenant with notice approving or reasonably disapproving any such Alterations at the expiration alterations, additions, or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee improvements within five (5) business days after Landlord’s receipt of Lessee's the request from Tenant. If Landlord disapproves the request, Landlord’s notice of disapproval shall describe with reasonable specificity the basis for such disapproval and the changes that would be necessary to resolve Landlord’s objections. If Landlord disapproves the request, Tenant may modify the request and a copy resubmit it for Landlord’s review and approval. Such procedure may be repeated as necessary until Landlord has approved the request. Landlord shall not unreasonably withhold its consent to any interior alteration, addition or improvement that does not affect the structural components of all plans the Building or the electrical, plumbing or heating, air-conditioning or ventilating systems of the Leased Premises and/or the Building. Landlord may require Tenant to provide demolition and/or payment and specifications performance bonds in form and amount reasonably satisfactory to Landlord for the proposed Alteration whether it will require removalany alterations, additions or improvements that Landlord approves. All Alterations to alterations, addition and improvements will be made to the Premises shall be made under the supervision of accomplished in a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) good and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed workmanlike manner at the Tenant’s sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessorexpense, in compliance conformity with all applicable lawlaws and regulations by a licensed and bonded contractor approved in advance by Landlord, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and approval shall not be deemed trade fixturesunreasonably withheld. Within thirty (30) days after Upon completion of any Alterationsuch work, Lessee, Lessee Tenant shall provide Lessor Landlord with a complete set of "as built" plans (to the extent in Tenant’s possession or under Tenant’s control), copies of all construction contracts, proof of payment for sameall labor and materials, and a notarized affidavit from Tenant’s contractor(s) that all amounts due for work done and materials furnished have been paid. At the end of the Term of this Lease, Tenant shall not be obligated to remove any alterations, additions, or improvements (including any cabling), or restore the Leased Premises; provided, however, Tenant shall remove its personal property, furniture, trade fixtures and equipment. Notwithstanding anything herein to the contrary, after the completion of Tenant’s Work, Landlord’s consent shall not be required for any alterations, additions, or improvements that meet all of the following conditions (“Non-Consent Alterations”): (i) do not violate applicable laws, (ii) do not affect structural elements of the Building or Building systems (e.g., plumbing, electric, mechanical, life safety), and (iii) are not visible from the Common Areas, provided, however, Tenant shall notify Landlord of such Non-Consent Alterations.

Appears in 1 contract

Samples: Warehouse Space Lease Agreement (Body Central Corp)

Alterations, Additions, and Improvements. No alterations, additions, or improvements ("AlterationsALTERATIONS") shall be made to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold, condition or delay, provided, however, that Lessee may make Alterations (including removal and rearrangement of Tenant Improvements and prior Alterations) which do not affect the Building 8 systems, exterior appearance, structural components or structural integrity integrity, which do not require a building permit and which do not exceed collectively One Hundred Twenty Five Thousand Dollars ($100,00025,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations, and if consent is granted, within ten (10) days after Lessee executes a construction contract for the Alterations, a construction management fee equal to one percent (1%) of all costs of demolition, construction and installation of any Alterations; the fee shall be adjusted on thirty (30) days notice after cancellation of the Alterations and a determination of final costs of same, which Lessee shall provide to Lessor along with all supporting documentation within said thirty (30) days. Lessor may require Lessee to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) ninety (90) days prior to the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request for consent and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture Such approvals shall not be unreasonably withheld, conditioned or delayed by Lessor. Subject to Lessor's right to have Lessee retain ownership and trade fixturesremove same, shall become the property of Lessor at the expirationany Alteration, or sooner termination of the Leaseincluding, unless Lessor directs otherwisewithout limitation, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, heating, ventilation, air conditioning, conditioning (other then air handling equipment which is part of the Laboratory Facilities) and full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building wallswalls or other movable furniture), drapery and carpeting installations made by Lessee Lessee, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Lessor upon at the expiration, expiration or sooner termination of the Lease, unless Lessor directs otherwise. Lessee shall retain title to all furniture and shall not be deemed trade fixturesfixtures placed on the Premises. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same. The initial Tenant Improvements shall not be deemed "Alterations."

Appears in 1 contract

Samples: Work Letter Agreement (Threshold Pharmaceuticals Inc)

Alterations, Additions, and Improvements. No (a) Tenant shall not make or allow to be made any alterations or physical additions in or to the Premises or Building (such as changes or alterations that would affect the interior or exterior of the Building, window treatments, paint, surface texture, awnings or light fixtures) without first obtaining the written consent of Landlord in each such instance, which consent shall not be unreasonably withheld, conditioned or delayed (except as otherwise expressly provided hereinafter). Landlord’s consent right hereunder shall include, without limitation, the right to approve Tenant’s proposed plans and specifications relating to such proposed alterations or SUBLEASE AGREEMENT Page 00 XXX XXXXXX XXXXXXX BUILDING physical additions, which approval shall not be unreasonably withheld, conditioned or delayed. Withholding of Landlord’s consent will be deemed reasonable if Landlord reasonably believes any such alterations or changes to the Premises or Building could cause the Building to not be in compliance with the standards required for the Building to maintain its Part 3 Certification from the United States Department of the Interior, National Park Service. Tenant agrees to indemnify Landlord and hold Landlord harmless against any loss, liability, claim, or damage resulting from any work done by Tenant in or to the Premises. Any and all alterations, physical additions, or improvements ("Alterations") shall be improvements, when made to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withholdTenant, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of done in a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture , lien-free and trade fixturesin accordance with all applicable laws, codes, regulations, and requirements and shall at once become the property of Lessor at the expiration, or sooner termination of the Landlord. Notwithstanding any other provision in this Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and Landlord’s consent shall not be deemed trade fixtures. Within thirty required for any alteration or improvement that (30i) days after completion will not adversely affect the structural elements of any Alterationthe Building or the Building’s major systems, Lesseeand (ii) will not cause the Building to not be in compliance with the standards required for the Building to maintain its Part 3 Certification from the United States Department of the Interior, Lessee shall provide Lessor with a complete set of "as built" plans for sameNational Park Service.

Appears in 1 contract

Samples: Sublease Agreement (A. H. Belo Corp)

Alterations, Additions, and Improvements. No Subject to the provisions of this Article IV, Lessee may make any alterations, additions, improvements or other changes to the Premises or the Relevant Assets (collectively, the “Additional Improvements”). If such Additional Improvements require alterations, additions or improvements to the Premises or any of the Shared Access Facilities, Lessee shall notify Lessor in writing in advance and the Parties shall negotiate in good faith any increase to the fees paid by Lessee under the Site Services Agreement or otherwise provide for reimbursement of any material increase in cost ("Alterations"if any) to Lessor under the Site Services Agreement that results from any modifications to the Premises or the Shared Access Facilities necessary to accommodate the Additional Improvements, or as otherwise mutually agreed by the parties. Any alteration, addition, improvement or other change to the Premises, Relevant Assets or Additional Improvements (and, if agreed by Lessee and Lessor, to the Shared Access Facilities) by Lessee shall be made in а good and workmanlike manner and in accordance with all Applicable Laws. On or before the date that is 180 days prior to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of this Lease (or, with respect to any termination for which a shorter notice period is provided in this Lease, such shorter period), Lessee shall notify Lessor of its option to either (a) remove the Lease Term Relevant Assets and to restore Additional Improvements at the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration end of the Lease Term or (iib) thirty (30) days after termination prior to surrender the expiration Relevant Assets and Additional Improvements at the end of the Lease Term to Lessor. If Lessee elects to remove the Relevant Assets and Additional Improvements at the end of the Lease or (iii) thirty (30) days after a written request from Term, the Relevant Assets and all Additional Improvements shall remain the property of Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance removed by Lessee within one year after expiration or termination of this Lease (or such longer period as may be required for Lessee to comply with plans the requirements of appropriate Governmental Authorities; provided, that Lessee shall use commercially reasonable efforts to remove the Relevant Assets and specifications which have been furnished the Additional Improvements as promptly as practicable). If Lessee elects to surrender the Relevant Assets and approved by Lessor in writing prior to commencement Additional Improvements at the end of work. All Alterations the Term, the Relevant Assets and Additional Improvements shall be designedsurrendered to Lessor upon the expiration or termination of this Lease. In the event that Lessee fails to remove the Relevant Assets and Additional Improvements within one year after the expiration or termination of this Lease (or such longer period as may be required for Lessee to comply with the requirements of appropriate Governmental Authorities; provided, constructed that Lessee shall use commercially reasonable efforts to remove the Relevant Assets and installed the Additional Improvements as promptly as practicable), the Relevant Assets and Additional Improvements shall be deemed abandoned by Lessee and shall, at the sole cost and expense of Lessee by California licensed architectsLessor’s option, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor or disposed of by Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee’s cost and expense. Lessee shall retain title not have the right or power to all furniture and trade fixtures placed create or permit any lien of any kind or character on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to In the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of event any such lien is filed against the Premises, Lessee shall cause such lien to be and become the property of Lessor upon the expiration, discharged or sooner termination bonded within 30 days of the Lease, and shall not be deemed trade fixturesdate of filing thereof. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.HOU03:1337014 - 9 -

Appears in 1 contract

Samples: Lease and Access Agreement (Delek Logistics Partners, LP)

Alterations, Additions, and Improvements. No Lessee covenants and agrees with Lessor not to permit the Premises to be used for any purpose other than that stated in Section 5 hereof or make or allow to be made any alterations or physical additions in or to the Premises without first obtaining the written consent of Lessor in each such instance. All alterations, structural or non structural, must have Lessor's consent which consent may be withheld in Lessor's sole discretion. Lessee shall be responsible for any lien filed against the Premises or any portion of the Building for work claimed to have been done for, or materials claimed to have been furnished to Lessee. Any and all such alterations, physical additions, or improvements ("Alterations") shall be improvements, when made to the Premises by Lessee without Lessee, shall be at Lessee's expense and shall at once become the prior written consent property of Lessor and shall be surrendered to Lessor upon termination of this Lease by lapse of time or otherwise unless Lessor requests their removal, in which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, event Lessee shall pay Lessor upon demand for remove the reasonable costs same and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior original condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior at Lessee's expense; provided, however, this clause shall not apply to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor providedmovable fixtures, thatoffice equipment, if Lessee requests same from Lessor, Lessor will notify and other personal property owned by Lessee. All construction work done by Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of performed in a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) good and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessorworkmanlike manner, in compliance with all applicable lawgovernmental requirements, and in good such manner as to cause a minimum of interference with other construction in progress and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become with the property transaction of Lessor at business in the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title area adjacent to all furniture and trade fixtures placed on the Premises. All heatingLessee agrees to indemnify Lessor and hold Lessor harmless against any loss, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling liability or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Leasedamage resulting from such work, and shall not be deemed trade fixtures. Within thirty (30) days after completion of Lessee shall, if requested by Lessor, furnish bond or other security satisfactory to Lessor against any Alterationsuch loss, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for sameliability or damage.

Appears in 1 contract

Samples: Lease Agreement (Gold Bond Resources Inc)

Alterations, Additions, and Improvements. No Except for the Tenant Improvements, Tenant shall not make any alterations, additionsadditions or improvements, structural or improvements otherwise ("the “Alterations") shall be made in or to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's Landlord’s prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing The plans and specifications for any approved Alterations shall be subject to Landlord’s prior written approval and for monitoring once approved, shall not be materially changed without the construction of any proposed AlterationsLandlord’s prior written consent. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and Tenant shall provide Landlord with a copy of all the plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of workcommencing construction. All Alterations shall be designedmade promptly, constructed and installed at in a workmanlike manner, paid for by Tenant allowing no liens to attach either to the sole cost and expense of Lessee by California licensed architects, engineersPremises or to Tenant’s leasehold interest, and so as not to unreasonably disturb or inconvenience other tenants in the Building. Landlord shall have the right to require Tenant to provide such assurances as Landlord shall reasonably require (e.g., bonds, escrows, etc.) to protect Landlord against unpaid work and to require that any work be performed only by duly licensed contractors and subcontractors approved by LessorLandlord. Unless otherwise noted in Landlord’s written approval of the Alteration, in compliance any Alteration shall remain and be surrendered with all applicable lawthe Premises on expiration of the Lease. If Landlord’s approval of the Alteration provides that the Alteration is not to be surrendered, and in good and workmanlike manner. Any Alteration except furniture and trade fixturesTenant, at its sole cost, shall become remove that Alteration which is not to remain and shall repair all damage to the property of Lessor at the expiration, or sooner Premises caused by that removal. This obligation shall survive a termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend Notwithstanding anything in this Lease to the ceiling contrary, Tenant shall be responsible for any ad valorem taxes or connect to Building walls), drapery and carpeting installations increase therein resulting from Alterations made by Lessee together with all property that has become an integral part or at the direction of the PremisesTenant. The Landlord consents/approvals required under Section 7, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alterationunreasonably withheld, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for sameconditioned or delayed.

Appears in 1 contract

Samples: Sublease Agreement (Larscom Inc)

Alterations, Additions, and Improvements. No The Lessee shall not make any alterations, additions, additions or improvements ("Alterations") shall be made to the Leased Premises by Lessee without first obtaining the prior express written consent of the Lessor which Lessor will who shall not unreasonably withhold, provided, however, that refuse such authorization. The Lessee may make Alterations which do not affect agrees to provide the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring with the construction of plans for any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term alterations, additions and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations improvements to be made to the Premises Leased Premises. This English translation has been provided as a convenience and should be used for reference purposes only. In the event of a dispute, the French and Dutch versions remain the authoritative texts. The alterations, additions and improvements must match the style of the building (materials, lighting, etc.). They shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed completed at the sole cost expense, risk and expense responsibility of the Lessee. The Lessor reserves the right to supervise all authorised construction work and to request from the Lessee by California licensed architectsevidence of sufficient insurance coverage. In addition, engineersto carry out the authorised construction work, and contractors approved by Lessor, in compliance the Lessee must comply with all applicable lawstandards, regulations and requirements such as construction permits and building safety regulations, including safety standards required by the insurance company and fire protection services. The Lessee may be asked to prove compliance with these standards, regulations and requirements at any time. Should the Lessee be in good breach thereof, the Lessor reserves the right to stop all construction works at the Lessee’s expense, or to terminate the lease agreement for breach of contractual obligations. By signing this contract, the Lessor permits the Lessee to install a camera surveillance system and workmanlike manneran alarm system in the rented premises (and as already mentioned in Article 9 above). Any Alteration except furniture At the end of the lease term, at any given moment and trade fixturesirrespective as to how the lease came to an end, all alterations, additions and improvements built, constructed or placed by the Lessee shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the LeaseLessor, and shall not be deemed trade fixturesdelivered in good working order (except normal wear and tear), free of charge and without any compensation. Within thirty (30) days after completion The Lessor reserves the right to demand the removal of any Alterationthese alterations, Lesseeadditions and improvements and to restore the Leased Premises to its original condition, Lessee shall provide Lessor either fully or partially, even if the construction was carried out with a complete set of "as built" plans for samethe Lessor’s express consent.

Appears in 1 contract

Samples: Warehouse Lease Agreement (Skechers Usa Inc)

Alterations, Additions, and Improvements. No Tenant shall not make any alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee without the Landlord's prior written consent of Lessor which Lessor will not unreasonably withholdconsent, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, except for non-structural components or structural integrity and alterations which do not exceed collectively One Hundred Five Thousand Dollars ($100,0005,000.00) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of cumulatively over the Lease Term and which are not visible from the outside of the Building. Landlord may require Tenant to restore provide demolition and/or lien and completion bonds in form and amount satisfactory to Landlord. Tenant shall promptly remove any alterations made upon Landlord's written request after the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration end of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removalTerm. All Alterations to be made to the Premises shall be made under the supervision of a competentalterations, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineersadditions, and contractors approved by Lessor, improvements will be accomplished in compliance with all applicable law, and in a good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together in conformity with all property that has become an integral part of the Premises, shall be applicable laws and become the property of Lessor upon the expiration, or sooner termination of the Leaseregulations, and shall not be deemed trade fixturesby a contractor licensed in the State of Florida approved by Landlord. Within thirty (30) days after Upon completion of any Alterationsuch work, Lessee, Lessee Tenant shall provide Lessor Landlord with a complete set of "as built" plans plans, copies of all construction contracts, and proof of payment for same.all labor and materials. Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorneys fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any liens, judgments, or encumbrances caused or suffered by Tenant. In the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. It is understood and agreed between the parties to this lease that the expenses, costs and charges above referred to shall be considered as Rent due and shall be included in any lien for Rent. Tenant shall not have any authority to create any liens for labor or material on Landlord's interest in the Premises and all persons contracting with Tenant for the destruction or removal of any facilities or other improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all materialmen, contractors, mechanics, and laborers are hereby charged with notice (which notice Tenant shall deliver in writing to each such party prior to the commencement of any service by said party) that they must look only to Tenant and to Tenant's interests in the Premises to secure the payment of any xxxx for work done or material furnished at the request or instruction of Tenant. The provisions of this paragraph are set forth in a notice which has been recorded by Landlord in the Public Records of Palm Beach County, Florida. Exhibit 10.6 - Lease Agreement Dated September 20, 2005

Appears in 1 contract

Samples: Lease Agreement (Adsouth Partners, Inc.)

Alterations, Additions, and Improvements. No Except for alterations within the Interior Premises not visible from the exterior of the Building the aggregate cost of which does not exceed $25,000 and which are cosmetic in nature (and do not affect the mechanical, electrical, plumbing or HVAC systems of the Building), which may be made without prior approval from Landlord, Tenant shall not make or allow to be made any alterations or physical additions in or to the Premises without first obtaining the written consent of Landlord. Landlord shall not be liable as a result of any such consent for completeness, design sufficiency or compliance with any law, ordinance, order, rule or regulation and Tenant shall indemnify, defend and hold Landlord harmless from all claims, demands, damages, causes of action or litigation arising out of or resulting from such alterations. Any and all alterations, additions or improvements, other than that portion of the initial tenant improvements, if any, which are to be provided by Landlord pursuant to the terms of Exhibit “C” hereto, if any, shall be made at Tenant’s sole expense in a good and workmanlike manner, in compliance with all applicable laws, ordinances and regulations, with a contractor approved by Landlord. At Landlord’s option, all such alterations, additions or improvements, upon the earlier to occur of (i) the termination date of the Lease, or (ii) Landlord’s termination of Tenant’s right of possession of the Premises pursuant to Section 23 of the Lease, shall become the property of Landlord and shall be surrendered to Landlord upon the termination of this Lease by lapse of time or otherwise; provided, however this clause shall not apply to removable equipment or furniture owned by Tenant and which can be removed without damage to the Building or the Premises, provided there is no uncured default by Tenant in any of the terms and conditions of the Lease. Notwithstanding anything foregoing to the contrary, upon the earlier to occur of (i) the termination date of this Lease, or (ii) Landlord’s termination of Tenant’s right to possession of the Premises pursuant to Section 23, Landlord may require Tenant to remove all alterations, additions or improvements to the Premises, including without limitation, any cabling or other computer, satellite or telecommunications equipment or hardware, whether or not such alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) are located in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, and restore the same to Building standard condition, reasonable wear and tear and casualty damage excepted. The rights conferred to Landlord hereunder shall be in addition to (and become the property of Lessor upon the expiration, or sooner termination of the not in conflict with) any other rights conferred on Landlord by this Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for samein equity or at law.

Appears in 1 contract

Samples: Lease Agreement (American International Holdings Corp.)

Alterations, Additions, and Improvements. No (a) Tenant shall not make any alterations, additions or improvements to the Premises without Landlord’s prior written consent, such consent not to be unreasonably withheld, conditioned or delayed, except for non-structural alterations, additions or improvements which do not cumulatively exceed a total cost of Ten Thousand Dollars ($10,000) in cost cumulatively over the Lease Term and which are not visible from the outside of any building of which the Premises is part. Landlord may require Tenant to provide demolition and/or lien and completion bonds in form and amount satisfactory to Landlord. Tenant shall promptly remove any alterations, additions, or improvements ("Alterations"constructed in violation of this Section 6.05(a) upon Landlord’s written request. All alterations, additions, and improvements shall be done in a good and workmanlike manner, in accordance with plans, specifications and drawings approved in writing by Landlord, and in conformity with all applicable laws and regulations, and by a licensed contractor approved by Landlord. Upon completion of any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, a certificate of completion by the architect who supervised the construction and proof of payment for all labor and materials including appropriate lien releases. Landlord shall have no responsibility or liability for any death or injury to persons, including but not limited to Tenant, Tenant’s officers, directors, members, employees, personnel, contractors, invitees and/or any third persons in or upon the real property of Landlord, or for damage to property caused by alterations, additions or improvements made to the Premises by Lessee without the Tenant, whether or not made pursuant to Landlord’s prior written consent of Lessor which Lessor will not unreasonably withholdas required herein, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove Tenant hereby indemnifies Landlord against any such Alterations at the expiration liability, obligation, cost or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for samearising therefrom.

Appears in 1 contract

Samples: Office Lease (Insys Therapeutics, Inc.)

Alterations, Additions, and Improvements. No A. Subject to the limitation that no portion of the buildings on the leased premises shall be demolished or removed or substantially altered in exterior appearance by Lessee without the prior, express and written consent of Lessors, and, if necessary, of any mortgagee, Lessee may at any time during the Lease term, subject to the conditions set forth below and at its own expense, make alterations, additions, or improvements ("Alterations") in and to the leased premises and the improvements thereon. Alterations shall be performed in a satisfactory manner and shall not weaken or impair the structural strength of the building on the leased premises. Lessee is hereby authorized, without limitation, to modify and alter the lease premises by (1) removing or modifying the building located at the southerly end of the property, which building is separate from the main building; (2) by adding lean-tos on each side of the main building;(3) make such other reasonable modifications that do not impair the structural integrity or buildings. Attached hereto and made a party hereof I reference as exhibit B, containing a sketch and list of alterations and additions that Lessee intends to make to the Premises by lease premises. Such sketch is intended to be approximately correct and is not intended to be a detailed and precise drawing of the proposed alterations and additions. Lessors hereby approve said list and sketch. I the event that Lessee without needs to make alterations and additions to the lease premises hereafter, Lessee agrees to submit to Lessors prior written consent to commencement thereof a sketch of Lessor which Lessor the proposed alterations and additions. Further such sketches are not required to be exactly precisely correct, but can be approximately correct. Lessors further agrees that they will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components fail or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition refuse to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove approve any such Alterations at the expiration proposed alterations or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for sameadditions.

Appears in 1 contract

Samples: Lease Agreement With Option to Purchase (General Housing Inc)

Alterations, Additions, and Improvements. No Tenant may not create any openings in the roof or exterior walls, or make any alterations, additions, additions or improvements ("Alterations") shall be made to the Premises by Lessee without the prior written consent of Lessor Landlord, which Lessor consent shall not be unreasonably withheld or delayed. If Tenant requests Landlord's consent to any alterations, additions or improvements, Tenant may also request Landlord to advise Tenant whether Landlord will require Tenant to remove such alteration, addition or improvement upon termination of this Lease as provided in Section 7.04 below. Landlord's consent shall not unreasonably withholdbe required for non-structural alterations, provided, however, that Lessee may make Alterations additions or improvements costing less than $25,000 (which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000amount shall be adjusted annually in proportion to increase in CPI) in cost within any twelve calendar year (12) month period"Minor Alteration"). Tenant may erect or install trade fixtures, without Lessor's prior written consentshelves, bins, machinery, heating, ventilating and air conditioning equipment, provided that Tenant complies with all applicable governmental laws, ordinances, codes, and regulations. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at At the expiration or termination of this Lease, Tenant may, subject to the Lease Term restrictions of Section 7.04 below, remove items installed by Tenant, provided Tenant is not in default at the time of the removal and provided further that Tenant repairs, at the time of removal of the items, in a good and workmanlike manner, any damage caused by the installation or removal. Tenant shall pay for all costs incurred or arising out of alterations, additions or improvements in or to restore the Premises and will not permit any mechanic's or materialman's lien to their prior condition be filed against the Premises, unless being contested in good faith. Upon request by Landlord, Tenant shall deliver to Landlord proof of payment reasonably satisfactory to Landlord of all costs incurred or arising out of any alterations, additions, or improvements. Notwithstanding any provision of this Section 7.03 to the contrary, Tenant shall provide Landlord with at least 15 business days written notice given on or before the earlier of any Minor Alteration stating: (i) the expiration nature of the Lease Term or Minor Alteration, (ii) thirty (30) days after termination prior to verification that the expiration Minor Alteration will not affect the structural or base Building systems and that the cost of the Lease Term of the Lease or Minor Alteration is less than $25,000, (iii) thirty the name of the contractor performing the Minor Alteration, and (30iv) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt the anticipated commencement date of Lessee's request construction and a copy of all plans and specifications for the proposed Alteration whether it will require removalcompletion date. All Alterations Any work performed by Tenant pursuant to be made to the Premises this Section 7.03 shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made performed in accordance with plans all applicable governmental laws, ordinances, codes and specifications which have been furnished regulations. If requested by Landlord, Tenant shall provide Landlord with written evidence of insurance coverage, in amounts reasonably acceptable to and approved by Lessor in writing prior Landlord, for any damage to commencement the Premises, property or person during the course of workconstruction of any work pursuant to this Section 7.03. All Alterations Any contractors performing work on behalf of Tenant shall be designed, constructed required to carry worker's compensation insurance. Tenant shall promptly pay any and installed at the sole cost all costs and expense of Lessee by California licensed architects, engineers, expenses incurred in connection with any work performed hereunder and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expirationnot cause or permit any liens, or sooner termination allow liens to exist, attach to or encumber Landlord's interest in the Premises. If any such lien attaches against the Premises, Tenant shall cause the lien to be removed of record (by payment or by bond) within 20 days after Landlord's demand. In the Leaseevent that such lien is not removed in said 20-day period, unless Lessor directs otherwise, provided that Lessee Landlord shall retain title have the right to all furniture take any action it deems necessary to remove and trade fixtures placed on release the lien from the Premises. All heating, lighting, electrical, air conditioning, full height partitioning expenses (but not moveable, free standing cubicle-type partitions which do not extend to including reasonable attorney fees) incurred by Landlord in connection with the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part release of the Premises, lien shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, considered Rent under this Lease and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for sameimmediately due and payable by Tenant.

Appears in 1 contract

Samples: Commercial Lease Agreement (Rich Uncles NNN REIT, Inc.)

Alterations, Additions, and Improvements. No Tenant shall not make any alterations, additions or improvements to the Premises without prior written consent of the Landlord unless the cost therefor would not exceed Ten Thousand Dollars ($10,000) per occurrence; provided, however, that Tenant shall not need Landlord’s approval if alterations, additions and improvements are less than $3.00 per RSF, are non-mechanical, non-structural, non-electrical, not visible from the exterior of the building, and do not adversely affect the value of the building. Notwithstanding the foregoing, Tenant may perform cosmetic work such as painting, installing carpet and low-voltage cabling without Landlord’s consent but with prior notice. Upon the expiration of the Lease term, all such alterations, additions and improvements shall become the property of the Landlord. However, Tenant shall have the right to remove such alterations, additions, or improvements ("Alterations") upon the termination of the Lease, provided that Tenant shall be made to repair any damage caused by such removal and shall restore the appearance of the Premises by Lessee without redecorating. Landlord may elect upon notice to Tenant (which shall be provided no later than the prior time Landlord provides its consent to Tenant to make such improvements or within thirty (30) days after the expiration or early termination date of this Lease if Tenant did not obtain Landlord’s written consent to such an improvement) to require the removal of Lessor which Lessor will not unreasonably withholdall alterations, provided, however, additions or improvements that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition require Landlord’s consent pursuant to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor this paragraph upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by LessorLease, in compliance with all applicable lawwhich case Tenant shall promptly remove the said alterations, additions and in good improvements and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become repair the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made damage caused by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for samesuch removal.

Appears in 1 contract

Samples: Lease (Cardiac Science CORP)

Alterations, Additions, and Improvements. No (a) Tenant shall not permit the Leased Premises to be used for any purpose other than that stated in Section 2.2 hereof, or make or allow to be made any alterations, additionsphysical additions or improvements in or to the Leased Premises, or improvements ("Alterations") shall be made to place signs on or in the Leased Premises by Lessee which are visible from outside the Leased Premises, without first obtaining the prior written consent of Lessor Landlord (which Lessor consent may be withheld in Landlord’s sole discretion). Notwithstanding the foregoing, Landlord will not unreasonably withholdwithhold its consent to alterations, providedphysical additions or changes to the Leased Premises that do not adversely affect the Building structural, howevermechanical, that Lessee may make Alterations which electrical, plumbing, heating, ventilating, air conditioning, life safety or other base Building improvements or systems, provided such additions or changes (i) are not visible from the exterior of the Leased Premises or the Building, (ii) do not affect the exterior of the Building, the structure of the Building systemsor any public areas of the Project, exterior appearance, structural components or structural integrity and which (iii) do not exceed collectively One Hundred Thousand Dollars violate any provision of this Lease, ($100,000iv) in cost within do not violate any twelve Legal Requirements, and (12v) month periodwill not interfere with the use and occupancy of any other portion of the Project by any other tenant or occupant of the Project. If Landlord consents to said alterations, improvements, or additions, or placement of signs, Landlord may impose such conditions with respect thereto as are reasonably appropriate, including without Lessor's prior written consent. As a condition limitation, requiring Tenant to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand furnish Landlord with security for the reasonable payment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, plans and expenses of consultantsspecifications, engineers, architects and others permits for reviewing such work. Tenant’s plans and specifications and for monitoring construction means and methods shall be subject to Landlord’s written approval. Tenant shall furnish to Landlord any documents and information requested by Landlord in connection with the construction exercise of any proposed Alterationsits rights hereunder. Lessor Landlord may require Lessee hire outside consultants to remove any review such Alterations at the expiration or termination of the Lease Term documents and information furnished to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request Landlord and a copy of all plans and specifications Tenant shall reimburse Landlord for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competentcost thereof, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designedincluding reasonable attorneys’ fees, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for samedemand.

Appears in 1 contract

Samples: Lease Agreement (Nobilis Health Corp.)

Alterations, Additions, and Improvements. No (a) Except for the Tenant Improvements identified on Exhibit C attached hereto and subject to section 3 of Rider No. 1, Tenant shall not make any alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee Property without the Landlord’s prior written consent of Lessor which Lessor will not unreasonably withholdconsent, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, except for non-structural components or structural integrity and alterations which do not exceed collectively One Hundred Ten Thousand Dollars ($100,00010,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for cumulatively over the reasonable costs Lease Term and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring which are not visible from the construction outside of any proposed Alterationsbuilding of which the Property is part. Lessor Landlord may require Lessee Tenant to provide demolition and/or lien and completion bonds in form and amount satisfactory to Landlord. Tenant shall promptly remove any alterations, additions, or improvements constructed in violation of this Paragraph 6.05(a) upon Landlord’s written request. Further, unless the Landlord agrees not to requires removal at the time Landlord grants consent, Landlord may require that all alterations, additions or improvements be removed by Tenant and the Property restored to their condition prior to such Alterations alteration, addition or improvement, at no cost to Landlord, upon the expiration or earlier termination of this Lease. Except with respect to improvements so required by Landlord to be removed, all improvements will remain in the Premises. If consent is not required, Tenant has the right to request that Landlord determine the removal requirements at such time as Tenant submits a written request to Landlord. NOTE: All initial Tenant Improvements as identified on the attached Exhibit C, shall remain in the Property upon the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removalthis Lease. All Alterations to be made to the Premises alterations, additions, and improvements shall be made under the supervision of done in a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture , in conformity with all-applicable laws and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Leaseregulations, and shall not be deemed trade fixturesby a contractor approved by Landlord. Within thirty (30) days after Upon completion of any Alterationsuch work, Lessee, Lessee Tenant shall provide Lessor Landlord with a complete set of "as built" plans ” plans, copies of all construction contracts, and proof of payment for sameall labor and materials.

Appears in 1 contract

Samples: Industrial Real Estate Lease (SeaSpine Holdings Corp)

Alterations, Additions, and Improvements. No Tenant shall not create any openings in the roof or exterior walls, or make any alterations, additions, additions or improvements ("Alterations") shall be made to the Premises by Lessee demised premises without the prior written consent of Lessor which Lessor will Landlord. Consent for non-structural alterations, additions or improvements shall not be unreasonably withholdwithheld by Landlord. Tenant shall have the right to erect or install shelves, providedbins, howevermachinery, air conditions or heating equipment and trade fixtures, provided that Lessee may make Alterations which do Tenant complies with all applicable governmental laws, ordinances and regulations. At the expiration or termination of this lease, Tenant shall have the right to remove such items so installed, provided Tenant is not affect in default at the Building systemstime of such removal and provided further that Tenant shall, exterior appearanceat the time of removal of such items, structural components repair in a good and workmanlike manner any damage caused by installation or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consentremoval thereof. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee Tenant shall pay Lessor upon demand for all costs incurred or arising out of alterations, additions or improvements in or to the reasonable demised premises and shall not permit a mechanic's or materialmen's lien to be asserted against the demised premises. Upon request by Landlord, Tenant shall deliver to Landlord proof of payment reasonably satisfactory to Landlord of all costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction incurred or arising out of any proposed Alterationssuch alterations, additions or improvements. Lessor may require Lessee All alternations, additions or improvements in or to remove any such Alterations the demised premises shall become the property of Landlord at the expiration or termination of this lease, however, Landlord may direct the Lease Term and to restore the Premises to their prior condition removal of alterations, additions or improvements by giving written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination to Tenant prior to the expiration or termination of this lease. At the Lease Term direction of Landlord, Tenant shall promptly remove all alterations, additions and improvements and any other property placed in the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request demised premises by Tenant and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises Tenant shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and repair in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made manner any damage caused by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for samesuch removal.

Appears in 1 contract

Samples: Lease Agreement (Asd Systems Inc)

Alterations, Additions, and Improvements. No Tenant shall not make any alterations, decorations, additions or improvements (collectively “Alterations”) of a structural nature in or to the Premises or any Alterations to the exterior of the Premises without the prior written consent of Landlord in each instance, which consent may be withheld in Landlord’s sole discretion, provided however, that Landlord shall not unreasonably withhold its consent to Alterations necessary for Tenant’s medical operations unless such Alterations could adversely affect any structural portion of the Premises or the Building, any building systems or any matter adversely affecting the continued use and occupancy of the Building for medical use in which case such consent shall be determined by Landlord in its sole and absolute discretion. Tenant is not required to obtain the Landlord’s prior written consent for non-structural alterations, additions or improvements that do not cost more than ____________________Dollars, that do not adversely affect the Building’s appearance or value, and that do not modify or affect the roof, plumbing, HVAC systems, life safety systems, or electrical systems. Consent for non-structural alterations, additions, or improvements ("Alterations") in excess of _________________Dollars or that modify or affect plumbing, HVAC systems or electrical systems will not be unreasonably withheld, conditioned or delayed by Landlord. To the extent that Tenant’s alterations or improvements void or reduce any warranties assigned hereunder, the liability shall thereafter be the responsibility of the Tenant. Tenant may erect or install trade fixtures, shelves, bins, machinery, supplemental HVAC systems, and refrigeration equipment, provided that Tenant complies with all applicable governmental laws, ordinances, codes, and regulations. Any Alterations by Tenant shall be performed in a first-class workmanlike manner by a licensed general contractor approved by Landlord and shall comply with all applicable laws. In connection with any Alterations, Tenant agrees to obtain and deliver to Landlord evidence of satisfactory builders’ risk, worker’s compensation as required by the State of ___________, and liability insurance coverage maintained by the general contractor and written and unconditional waivers of mechanic’s and materialmen’s liens from all contractors, subcontractors, materialmen, and laborers to become involved in such work. Landlord’s consent to any Alterations shall not be deemed to be an agreement or consent by Landlord to subject Landlord’s interest in the Property or Building to any mechanic’s or materialmen’s lien which may be filed in connection therewith. If any Alteration is made to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withholdLandlord when required, provided, however, that Lessee Landlord may make Alterations which do not affect correct or remove the Building systems, exterior appearance, structural components or structural integrity same and which do not exceed collectively One Hundred Thousand Dollars ($100,000) Tenant shall be liable for any and all expenses incurred by Landlord in cost within any twelve (12) month period, without Lessor's prior written consentthe performance of this work together with interest thereon at the current statutory rate. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at At the expiration or termination of this Lease, Tenant may, subject to the Lease Term restrictions of Section 7.03, remove items installed by Tenant, provided Tenant is not in default at the time of the removal and Tenant repairs, in a good and workmanlike manner, any damage caused by the installation or removal. Tenant shall pay for all cost incurred or arising out of alterations, additions, or improvements in or to restore the Premises and will not permit any mechanic’s or materialman’s lien to their prior condition by written notice given on be filed against the Premises or before the earlier Property. If any lien is filed against the Premises for work claimed to have been done for, or material claimed to have been furnished to, Tenant, Tenant shall cause such lien to be discharged of (i) the expiration of the Lease Term or (ii) record within thirty (30) days after termination prior Tenant’s knowledge of same, by bonding or in any other lawful manner. Tenant shall indemnify and hold harmless Landlord from all costs, losses, expenses, and attorneys’ fees in connection with any such lien. Upon request by Landlord, Tenant shall deliver to the expiration Landlord proof of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor providedpayment, thatreasonably satisfactory to Landlord, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision costs incurred or arising out of a competentany alterations, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expirationadditions, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for sameimprovements.

Appears in 1 contract

Samples: Commercial Lease Agreement (Nutex Health, Inc.)

Alterations, Additions, and Improvements. No Subject to the provisions of this Article V, Lessee may make any alterations, additions, improvements or improvements ("Alterations") shall be made other changes to the Premises RDU Assets as may be necessary or useful in connection with the operation of the RDU Assets (collectively, the “Additional Improvements”) so long as such Additional Improvements are (a) in conformity with all Applicable Laws, (b) made after obtaining any required Permits, (c) allowed by the Master Lease and (d) approved in advance by Lessor. Lessee without shall promptly pay the prior written consent entire cost of Lessor which Lessor will not unreasonably withholdany such change, addition or improvement; provided, however, that Lessor shall reimburse Lessee may make Alterations which do for the amount of such costs, if any, that constitute Capital Maintenance Costs. Any Additional Improvements by Lessee shall be made in a good and workmanlike manner and in accordance with all Applicable Laws. Lessee shall not affect have the Building systemsright or power to create or permit any lien of any kind or character on the RDU Assets, exterior appearancethe Premises or Additional Improvements by reason of repair or construction or other work. In the event any such lien is filed against the RDU Assets, structural components the Premises or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunderAdditional Improvements, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee cause such lien to remove any such Alterations at the expiration be discharged or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) bonded within thirty (30) days after termination prior to the expiration of the Lease date of filing thereof. Unless otherwise agreed in writing by the Parties at the time an Additional Improvement is made, all Additional Improvements shall be owned by Lessee for the Term of the this Asset Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made removed by Lessee no later than first to occur of (y) the date on which such Additional Improvements must be removed pursuant to this Asset Lease, or (z) one (1) year after termination of this Asset Lease (provided that in accordance with plans and specifications which have been furnished either case such Additional Improvements can be removed by Lessee without unreasonable damage or harm to and approved the RDU Assets or the Premises) or, at Lessee’s option exercisable by Lessor in writing prior notice to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title surrendered to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the this Asset Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.

Appears in 1 contract

Samples: Asset Lease Agreement (HollyFrontier Corp)

Alterations, Additions, and Improvements. No (a) Tenant shall not permit the Leased Premises to be used for any purpose other than that stated in Section 2.2 hereof, or make or allow to be made any alterations, additionsphysical additions or improvements in or to the Leased Premises, or improvements ("Alterations") shall be made to place signs on or in the Leased Premises by Lessee which are visible from outside the Leased Premises, without first obtaining the prior written consent of Lessor Landlord (which Lessor consent may be withheld in Landlord's sole discretion). Notwithstanding the foregoing, Landlord will not unreasonably withholdwithhold its consent to alterations, providedphysical additions or changes to the Leased Premises that do not adversely affect the Building structural, howevermechanical, that Lessee may make Alterations which electrical, plumbing, heating, ventilating, air conditioning, life safety or other base Building improvements or systems, provided such changes (i) are not visible from the exterior of the Leased Premises or the Building, (ii) do not affect the exterior of the Building, the structure of the Building systemsor any public areas of the Project, exterior appearance, structural components or structural integrity and which (iii) do not exceed collectively One Hundred Thousand Dollars violate any provision of this Lease, ($100,000iv) in cost within do not violate any twelve Legal Requirements, and (12v) month periodwill not interfere with the use and occupancy of any other portion of the Project or the Complex by any other tenant or occupant of the Project or the Complex. If Landlord consents to said alterations, improvements, or additions, or placement of signs, Landlord may impose such conditions with respect thereto as are reasonably appropriate, including without Lessor's prior written consent. As a condition limitation, requiring Tenant to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand furnish Landlord with security for the reasonable payment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, plans and expenses of consultantsspecifications, engineers, architects and others permits for reviewing such work. Tenant's plans and specifications and for monitoring construction means and methods shall be subject to Landlord's written approval. Tenant shall furnish to Landlord any documents and information requested by Landlord in connection with the construction exercise of any proposed Alterationsits rights hereunder. Lessor Landlord may require Lessee hire outside consultants to remove any review such Alterations at the expiration or termination of the Lease Term documents and information furnished to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request Landlord and a copy of all plans and specifications Tenant shall reimburse Landlord for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competentcost thereof, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designedincluding reasonable attorneys' fees, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for samedemand.

Appears in 1 contract

Samples: Lease Agreement (Entrust Technologies Inc)

Alterations, Additions, and Improvements. No Tenant shall not create any openings in the roof or exterior walls, or make any alterations, additions, additions or improvements ("Alterations") shall be made to the Premises by Lessee demised premises without the prior written consent of Lessor which Lessor will Landlord. Consent for non-structural alterations, additions or improvements shall not be unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect withheld by Landlord. Tenant shall have the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month periodright, without Lessor's the prior written consentconsent of Landlord, to erect or install shelves, bins, machinery, air conditioning or heating equipment and trade fixtures, provided that Tenant complies with all applicable governmental laws, ordinances and regulations. As At the expiration or termination of this lease, Tenant shall have the right to remove such item so installed, provided Tenant is not in default at the time of such removal and provided further that Tenant shall, at the time of removal of such items, repair in a condition to Lessor's obligation to consider good and workmanlike manner any request for consent hereunder, Lessee damages caused by installation or removal thereof. Tenant shall pay Lessor upon demand for all costs incurred or arising out of alterations, additions or improvements in or to the reasonable demised premises and shall not permit a mechanic's or materialman's lien to be asserted against the demised premises. Upon request by Landlord, Tenant shall deliver to Landlord proof of payment reasonably satisfactory to Landlord of all costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction incurred or arising out of any proposed Alterationssuch alterations, additions or improvements. Lessor may require Lessee All alterations, additions or improvements in or to remove any such Alterations the demised premises shall become the property of Landlord at the expiration or termination of this lease; however, Landlord may direct the Lease Term and to restore the Premises to their prior condition removal of alteration, additions or improvements by giving written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination to Tenant prior to the expiration or termination of this lease. At the Lease Term direction of Landlord, Tenant shall promptly remove all alterations, additions and improvements and any other property placed in the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved demised premises by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineersTenant, and contractors approved by Lessor, Tenant shall repair in compliance with all applicable law, and in a good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made manner any damage caused by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for samesuch removal.

Appears in 1 contract

Samples: Commercial Lease Agreement (Inspire Insurance Solutions Inc)

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