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

Alterations, Additions, and Improvements. Tenant shall not make any alterations, additions or improvements which affect the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein.

Appears in 9 contracts

Sources: Lease Agreement (ETHEMA HEALTH Corp), Lease Agreement (ETHEMA HEALTH Corp), Lease Agreement (ETHEMA HEALTH Corp)

Alterations, Additions, and Improvements. Tenant shall not make any No alterations, additions additions, or improvements which affect (“Alterations”) shall be made to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Premises by Tenant without the prior written consent of Landlord, which consent shall not be unreasonably withheld; provided, conditioned or delayed. Notwithstanding the abovehowever, and provided Tenant complies with all Legal Requirements in connection therewiththat Tenant, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approvalconsent, 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 structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay 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. 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 required 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 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, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any alterations Alterations, then Landlord shall make its election whether or additions permitted under this paragraph not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises or remove improvements shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the end sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Term. All alterationsWork Letter, additions including but not limited to the “Specifications” and improvements permitted under this paragraph or consented to “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by Landlord are referred the City of Sunnyvale and any other applicable governmental agencies. Subject to as “Permitted Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations”. All alterations, additions or improvements including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant which are permanently attached to and made Tenant, together with all property that has become an integral part of the Premises Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipmentLease. Tenant shall pay, when due, retain title to all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in furniture and trade fixtures placed on the Premises. Within thirty (30) days after completion of any Alterations, which claims are or may be secured by Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such 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 mechanics’ or materialmen’s lien against the Premises or any interest thereinamount previously paid to Landlord on account thereof.

Appears in 3 contracts

Sources: Triple Net Lease (GOOD TECHNOLOGY Corp), Triple Net Lease (GOOD TECHNOLOGY Corp), Triple Net Lease (GOOD TECHNOLOGY Corp)

Alterations, Additions, and Improvements. Tenant shall not create any openings in the roof or exterior walls, or make any alterations, additions or improvements which affect to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Demised Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other Consent for non-structural alterations, additions or improvements shall not be unreasonably withheld by Landlord. 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 Building without Landlord’s prior written approvalrestrictions of Section 7.05 below, have the right to remove items installed by Tenant, provided Tenant is not in default at the time of the removal and provided further that Tenant shall, at the time of removal of the items, repair in a good and workmanlike manner any damage caused by the installation or removal. Tenant shall not be required to restore any alterations pay for all costs incurred or additions permitted under this paragraph to the Premises or remove improvements at the end arising out of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on to the Demised Premises and furnished shall not permit any mechanic's or materialman's lien to be filed against the Demised Premises or the Property. Upon request by Tenant which Tenant may removeLandlord, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall paydeliver to Landlord proof of payment reasonably satisfactory to Landlord of all costs incurred or arising out of any alterations, when due, all claims for labor additions or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinimprovements.

Appears in 3 contracts

Sources: Commercial Lease Agreement (Cheap Tickets Inc), Commercial Lease Agreement (Cheap Tickets Inc), Commercial Lease Agreement (Speed Release Lock Co)

Alterations, Additions, and Improvements. Tenant shall not Subject to the provisions of this Article IV, Lessee may make any alterations, additions additions, improvements or improvements which affect other changes to the structure Premises and the Relevant Assets as may be necessary or useful in connection with the operation of the Building or which decrease Relevant Assets (collectively, the square footage of the Building or which reduce the value of the Premises, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed“Additional Improvements”). Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other If such Additional Improvements require alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant Premises or any of the Shared Access Facilities, Lessee shall not be required notify Lessor in writing in advance and the parties shall negotiate in good faith any increase to restore the fees paid by Lessee under the Site Services Agreement by Lessee or otherwise provide for reimbursement of any alterations or additions permitted material increase in cost (if any) to Lessor under this paragraph the Site Services Agreement that results from any modifications to the Premises or remove improvements at the end of Shared Access Facilities necessary to accommodate the TermAdditional Improvements, or as otherwise mutually agreed by the parties. All alterationsAny alteration, additions addition, improvement or other change to the Premises, Relevant Assets or Additional Improvements (and, if agreed by Lessee and improvements permitted under this paragraph or consented Lessor, to the Shared Access Facilities) by Lessee shall be made in writing by Landlord are referred to as “Permitted Alterations”a good and workmanlike manner and in accordance with all applicable Laws. All alterations, additions or improvements made by Tenant which are permanently attached to The Relevant Assets and made part of the Premises all Additional Improvements shall become remain the property of Landlord 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 expiration termination of this Lease. Lessee shall not have the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in right or power to create or permit any lien of any kind or character on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs reason of repair or construction or other work. In the event any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in such lien is filed against the Premises, which claims are Lessee shall cause such lien to be discharged or may be secured by any mechanics’ or materialmen’s lien against bonded within thirty (30) days of the Premises or any interest thereindate of filing thereof.

Appears in 3 contracts

Sources: Lease Agreement (HollyFrontier Corp), Lease Agreement (Holly Energy Partners Lp), Lease Agreement (Holly Corp)

Alterations, Additions, and Improvements. (a) With the exception of the provisions set forth in Article Seventeen, Tenant shall not make any alterations, additions additions, or improvements to the Premises without Landlord’s prior written consent, except for non-structural alterations or improvements which affect do not exceed Fifty Thousand Dollars ($50,000.00) in cost cumulatively over a twelve (12) month period and which are not visible from the structure outside of the Building of which the Premises are a 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 which decrease the square footage improvements constructed in violation of the Building or which reduce the value of the Premisesthis Section 6.05(a) upon Landlord’s written request. All alterations, additions, and improvements shall be done in a good and workmanlike manner, in each case without the prior written consent of conformity with all applicable laws and regulations, and by a contractor approved by Landlord, which consent approval shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewithUpon completion of any such work, Tenant shall have the right at provide Landlord with “as built” plans, copies of all times to make building permits, and proof of payment for all other alterations, additions or improvements to the Building without Landlord’s prior written approval. labor and materials. (b) Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, pay when due, due all claims for labor or materials furnished or alleged to have been and material furnished to the Premises that were installed or for directed to be installed by Tenant for use in the Premises, which claims are or may and not permit any liens to be secured by any mechanics’ or materialmen’s lien filed against the Premises that relate to work performed by or directed to be performed by Tenant. Tenant shall give Landlord at least ten (10) days’ prior written notice of the commencement of any interest thereinwork on the Premises costing in excess of $10,000 regardless of whether Landlord’s consent to such work is required. Landlord may elect to record and post notices of non-responsibility on the Premises.

Appears in 3 contracts

Sources: Lease Agreement (Endologix Inc /De/), Lease Agreement (TriVascular Technologies, Inc.), Lease Agreement (TriVascular Technologies, Inc.)

Alterations, Additions, and Improvements. Tenant shall not create any openings in the roof or exterior walls, or make any alterations, additions or improvements which affect to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Demised Premises without the prior written consent of Landlord. Consent for nonstructural alterations, which consent additions or improvements shall not be unreasonably withheld, conditioned or delayedwithheld by Landlord. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right 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, codes, and regulations. At the expiration or termination of this Lease, Tenant shall, subject to the restrictions of Section 7.05 below, have the right to remove such items so installed by it, 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 good and workmanlike manner any damage caused by installation or removal thereof. Tenant shall pay for all times to make all other costs incurred or arising out of alterations, additions or improvements in or to the Building without Demised Premises and shall not permit a mechanic's or materialman's lien to be filed against the Demised Premises. Upon request by Landlord’s prior written approval. , Tenant shall not be required deliver to restore Landlord proof of payment reasonably satisfactory to Landlord of all costs incurred or arising out of any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All such alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinimprovements.

Appears in 3 contracts

Sources: Commercial Lease Agreement (MCK Communications Inc), Commercial Lease Agreement (Network 1 Security Solutions Inc), Lease Agreement (Global Election Systems Inc)

Alterations, Additions, and Improvements. Tenant shall Notwithstanding anything to the contrary in the Lease: A. If Lessor has not make any consented to Lessee's request to construct alterations, additions or improvements which affect the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterationsutility installations, additions and improvements permitted under this paragraph or ("Alterations") in the Premises within three (3) business days after the date of Lessee's written request therefor, Lessor shall be deemed to have consented to the Alteration. B. L▇▇▇▇▇ ▇▇▇ll have no lien or other interest whatsoever in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part any item of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, Lessee's trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use personal property located in the Premises, which claims are and shall execute any document reasonably necessary to waive any lien or may be secured by interest in Lessee's trade fixtures and personal property located at the Premises. C. Upon request, Lessor shall advise Lessee in writing whether it reserves the right to require Lessee to remove any mechanics’ or materialmen’s lien against Alterations from the Premises or upon termination of the Lease. D. Alterations and Lessee's trade fixtures, furniture, equipment and other personal property installed in the Premises ("Lessee's Property") shall at all times be and remain Lessee's Property, and Lessee shall be entitled to all depreciation, amortization and other tax benefits with respect thereto. Except for Alterations which cannot be removed without structural injury to the Premises, at any interest thereintime Lessee may remove Lessee's Property from the Premises, provided Lessee repairs all damage caused by such removal.

Appears in 3 contracts

Sources: Assignment and Assumption of Sublease (Marimba Inc), Assignment and Assumption of Sublease (Marimba Inc), Assignment and Assumption of Sublease (Marimba Inc)

Alterations, Additions, and Improvements. Tenant shall 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, alterations or physical additions in or improvements which affect to the structure of Premises without first obtaining the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case without the prior written consent of Landlord, which Lessor in each such instance. Lessor's consent shall not be unreasonably withheldrequired for nonstructural alterations made by Lessee from time to time as necessary to adapt the Premises for the uses and business purposes permitted hereby, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to that such alterations do not affect any part of the Building without Landlord’s prior written approval. Tenant shall other than the Premises, are not be visible from outside the Building and do not adversely affect any service required to restore be furnished by Lessor to Lessee or to any alterations other tenant or additions permitted under this paragraph to occupant of the Building. Lessee shall be responsible for any lien filed against the Premises or remove improvements at the end any portion of the Term. All alterationsBuilding for work claimed to have been done for, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged claimed to have been furnished to Lessee. Any and all such alterations, physical additions, or for Tenant for use in the Premisesimprovements, which claims are or may be secured by any mechanics’ or materialmen’s lien against when made to the Premises by Lessee, shall be at Lessee's expense and shall at once become the property of Lessor 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 movable 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 permit any portion of the Premises to be occupied or used, for any business or purpose which is unlawful, disreputable, or deemed to 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 interest thereinother insurance coverage on the Building and/or its contents.

Appears in 3 contracts

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

Alterations, Additions, and Improvements. Tenant shall not make any No alterations, additions additions, or improvements which affect ("Alterations") shall be made to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Premises by Lessee without the prior written consent of LandlordLessor 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 not be unreasonably withheldpay Lessor upon demand for the reasonable costs and expenses of consultants, conditioned 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 delayed. Notwithstanding termination of the above, Lease Term and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have to restore the right at all times Premises to make all other alterations, additions their prior condition by written notice given on or improvements before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the Building without Landlord’s prior expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written approvalrequest 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. Tenant shall not All Alterations to be required to restore any alterations or additions permitted under this paragraph made to the Premises or remove 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 at the end sole cost and expense of the TermLessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. All alterationsAny Alteration except furniture and trade fixtures, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord Lessor at the expiration expiration, or sooner termination of the TermLease, except for signsunless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures, furnishings, machinery and equipment used in or fixtures placed on the Premises and furnished by Tenant Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which Tenant may remove, provided Tenant repairs any damage do not extend to the Premises caused thereby (reasonable ceiling or connect to Building walls), drapery and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, carpeting installations made by Lessee together with all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in property that has become an integral part of the Premises, which claims are shall be and become the property of Lessor upon the expiration, or may sooner termination of the Lease, and shall not be secured by deemed trade fixtures. Within thirty (30) days after completion of any mechanics’ or materialmen’s lien against the Premises or any interest thereinAlteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.

Appears in 3 contracts

Sources: Triple Net Building Lease (Broadvision Inc), Triple Net Building Lease (Broadvision Inc), Triple Net Building Lease (Broadvision Inc)

Alterations, Additions, and Improvements. Tenant shall not make any No alterations, additions ------------------------------------------------------ additions, or improvements which affect ("Alterations") shall be made to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Premises by Lessee without the prior written consent of LandlordLessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which consent shall do not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to 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 Landlord’s Lessor's prior written approvalconsent. Tenant As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall not be required 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 any alterations the Premises to their prior condition by written notice given on or additions permitted under this paragraph before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination 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 or remove 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 at the end sole cost and expense of the TermLessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. All alterationsAny Alteration except furniture and trade fixtures, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord Lessor at the expiration expiration, or sooner termination of the TermLease, except for signsunless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures, furnishings, machinery and equipment used in or fixtures placed on the Premises and furnished by Tenant Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which Tenant may remove, provided Tenant repairs any damage do not extend to the Premises caused thereby (reasonable ceiling or connect to Building walls), drapery and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, carpeting installations made by Lessee together with all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in property that has become an integral part of the Premises, which claims are shall be and become the property of Lessor upon the expiration, or may sooner termination of the Lease, and shall not be secured by deemed trade fixtures. Within thirty (30) days after completion of any mechanics’ or materialmen’s lien against the Premises or any interest thereinAlteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.

Appears in 2 contracts

Sources: Triple Net Building Lease (At Home Corp), Triple Net Building Lease (At Home Corp)

Alterations, Additions, and Improvements. Tenant shall not make any No alterations, additions additions, or improvements which affect (“Alterations”) shall be made to the structure of the Building Premises or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Common Areas by Tenant without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the abovePremises or about the Premises, 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 provided Tenant complies with all Legal Requirements installing the Alteration(s) in connection therewith, Tenant shall have question (the right at all times to make all other alterations, additions or “Landlord Supervision Fee”). The construction of the initial improvements to the Building 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 approvalconsent 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 structural integrity or any structural components of the Building, (b) are not visible from the exterior of the Building, (c) do not 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 ($100,000.00) in the aggregate during any twelve (12) month period. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects, attorneys and others for reviewing plans and specifications and costs incurred to third parties in connection with monitoring the construction of any proposed Alterations. Landlord may require 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, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall not make its election to require removal of such Alterations, if at all, at the time consent to such Alterations is given. Notwithstanding the foregoing, in no event shall Tenant be required to restore remove any alterations or additions permitted under this paragraph to Tenant Improvements (as defined in the Work Letter) from the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at upon the expiration of earlier termination of this Lease unless those Alterations are Non-Standard Alterations. As used herein, the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein.term “

Appears in 2 contracts

Sources: Triple Net Space Lease (Cloudera, Inc.), Triple Net Space Lease (Cloudera, Inc.)

Alterations, Additions, and Improvements. Except for the Additional Tenant Improvements, Tenant shall not make any alterations, additions or improvements which affect improvements, structural or otherwise (the structure “Alterations”) in or to the Premises without Landlord’s prior written consent. 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 copy of the Building plans and specifications and estimated construction costs for the Alterations prior to commencing construction. All Alterations shall be made promptly, in a workmanlike manner, paid for by Tenant allowing no liens to attach either to the Premises or which decrease to Tenant’s leasehold interest, and so as not to unreasonably disturb or inconvenience other tenants in the square footage 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 Landlord. Upon a termination of the Building or Lease, Tenant shall provide Landlord with copies of all unexpired construction warranties related to the Alterations, all of which reduce the value shall be deemed assigned to 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 remove that Alteration which is not to remain and shall repair all damage to the Premises caused by that removal. This obligation shall survive a termination of the Lease. Notwithstanding anything in each case without this Lease to the prior written consent contrary, Tenant shall be responsible for any ad valorem taxes or increase therein resulting from Alterations made by or at the direction of Landlord, which consent Tenant. The Landlord consents/approvals required under Section 7 shall not be unreasonably withheld, conditioned or delayed. Notwithstanding Provided it is not in default under this Lease and makes any repairs to the aboveroof 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 provided Tenant complies with all Legal Requirements countertops) which are included in connection therewith, any Alterations. Tenant shall have be permitted to remove the right at all times to make all other alterationscounters and hoods currently in the Premises (i.e., additions or improvements to existing as of the Building without Landlord’s prior written approval. Tenant Execution Date) and shall not be required to restore any alterations repair or additions permitted under this paragraph to the Premises or remove improvements replace such items at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein.

Appears in 2 contracts

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

Alterations, Additions, and Improvements. Tenant Except for the Initial Improvements, Customer shall not permit, make or allow to be made any construction, alterations, physical additions or improvements in or to the Premises or placement of any signs in the Premises which affect are visible from outside the structure of the Building or which decrease the square footage of the Building or which reduce the value of the PremisesPremises (collectively, in each case “Customer Work”), without obtaining the prior written consent of LandlordService Provider which may be withheld in Service Provider’s sole discretion. Notwithstanding the foregoing, Service Provider will not unreasonably withhold its consent to Customer 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 Service Agreement, (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. Customer’s plans and specifications and all contractors, subcontractors, vendors, architects and engineers (collectively, “Outside Contractors”) shall be subject to Service Provider’s prior written approval, which consent shall not be unreasonably withheld. If requested by Service Provider, conditioned or delayedCustomer shall execute a work letter for any such Customer Work reasonably acceptable to Service Provider and Customer. Notwithstanding the aboveService Provider may hire outside consultants to review such documents and information furnished to Service Provider, and provided Tenant complies Customer shall reimburse Service Provider for the actual out-of-pocket cost thereof, including reasonable attorneys’ fees, upon demand. Neither review nor approval by Service Provider of any plans or specifications shall constitute a representation or warranty by Service Provider that such documents either (i) are complete or suitable for their intended purpose, or (ii) comply with applicable Laws, it being expressly agreed by Customer that Service Provider assumes no responsibility or liability whatsoever to Customer or any other person or entity for such completeness, suitability or compliance. Customer shall furnish any documents and information reasonably requested by Service Provider, including “as-built” drawings (both in paper and in electronic format acceptable to Service Provider) after completion of such Customer Work. Service Provider may impose such conditions on Customer Work as are reasonably appropriate, including without limitation, compliance with any construction rules adopted by Service Provider from time to time, insurance covering Service Provider against liabilities which may arise out of such work, plans and specifications, and permits for such Customer Work. Any and all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises Customer Work shall become the property of Landlord Service Provider upon completion and shall be surrendered to Service Provider upon the termination or expiration of this Service Agreement for any reason, unless Service Provider shall, at the expiration of the Termtime it grants its consent, except for signs, trade fixtures, furnishings, machinery and equipment used in require removal or on the Premises and furnished restoration by Tenant which Tenant may remove, provided Tenant repairs Customer. Customer shall not allow any damage liens to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien filed against the Premises or the Project in connection with any interest thereinCustomer Work. If any liens are filed, Customer shall cause the same to be released within five (5) days after Customer’s receipt of written notice of the filing of such lien by bonding or other method acceptable to Service Provider. All Outside Contractors shall maintain insurance in amounts and types required by, and in compliance with, Section 20. ▇▇▇▇▇ 25 (or its equivalent) certificates of insurance evidencing such coverage shall be provided to Service Provider prior to commencement of any Customer 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 Customer Work shall be unreasonably disruptive to other tenants. Prior to final completion of any Customer Work, Service Provider shall prepare and submit to Customer a punch list of items to be completed, and Customer shall diligently complete all such punch list items.

Appears in 2 contracts

Sources: Service Agreement (Xenith Bankshares, Inc.), Service Agreement (Xenith Bankshares, Inc.)

Alterations, Additions, and Improvements. (a) Tenant shall not make any alterationsstructural alternations, additions or improvements which affect to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. In addition, conditioned or delayed. Notwithstanding the above, no such work shall be performed unless and provided Tenant complies with all Legal Requirements in connection therewith, Tenant until Landlord shall have the right at approved all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approvalplans and specifications therefore. Tenant shall not submit plans and specifications depicting its proposed, structural work to Landlord for review and approval, which shall be required to restore any alterations or additions permitted under this paragraph to deemed given unless Tenant is advised otherwise within twenty (20) days after the Premises or remove improvements at the end of the Termsubmission thereof. All such structural alterations, additions additions, and improvements permitted under this paragraph or consented to improvements, if agreed to, shall be made in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to accordance with all applicable laws and made part of regulations and shall remain for the Premises shall become the property benefit of Landlord at the expiration of after the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on Tenant shall not have any obligation to remove the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage same. Prior to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposescommencement of any such work or the delivery of any materials, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor supplies or materials furnished or alleged equipment to have been furnished to or for Tenant for use in the Premises, which claims are all contractors shall have duly and effectively waived any right of such contractor and its subcontractors to claim or may be secured by any mechanics’ file a mechanic’s or materialmenmaterialman’s lien against the Premises or any portion thereof or interest thereintherein 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 solely for Landlord’s own protection and shall not be construed to provide any warranty, representation or other assurance of any kind as to the adequacy, quality or legality thereof or as to any other matter whatsoever, and Tenant shall be solely responsible for such 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. (b) All alterations, additions or improvements shall be made in a proper and workmanlike maimer and with the use of only first class materials. Tenant agrees to fully pay for same and to indemnify, defend and hold Landlord harmless from all expenses, liens, claims or damages (including reasonable attorneys’ fees) to persons or property arising there from or related thereto. (c) All alterations, additions, improvements and installations (except Tenant’s trade, fixtures and equipment which may be made to the Premises) shall, upon expiration or sooner termination of the Term, by lapse of time or otherwise, become the property of Landlord and remain upon and be surrendered with the Premises. Notwithstanding the provisions of this Paragraph 6.3, personal property, business and trade fixtures and machinery, other than that which is affixed to the Premises so that it cannot be removed without material damage to the Premises, shall remain the property of Tenant and may be removed by Tenant at any time during the Term hereof. (d) Tenant agrees to repair any damage to the Premises caused by, or in connection with, the removal of any articles of personal property, business or trade fixtures, including, without limitation thereto, repairing the floor and patching the walls where reasonably required by Landlord, to Landlord’s reasonable satisfaction. (e) Tenant shall not permit any mechanics’ or materialmen’s liens to be filed against the fee of the Premises or against Landlord’s interest in the Premises by reason of work, lab of, services or materials supplied or claimed to have been supplied to Tenant or anyone holding the Premises through or under Tenant, whether prior or subsequent to the commencement of the Term. If any such mechanics’ or materialmen’s lien shall at any time be filed against the Premises as a result of any alterations, additions, improvements, repairs or installations performed by or on behalf of Tenant, and Tenant shall fail to remove the lien by satisfaction or bonding over within 30 days thereafter, it shall constitute a breach of this Lease.

Appears in 2 contracts

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

Alterations, Additions, and Improvements. After the Commencement Date, Tenant shall not permit, make or allow to be made any construction, alterations, physical additions or improvements which affect in or to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Premises without obtaining the prior written consent of Landlord, which 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 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 subject to Landlord’s prior written approval, which shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewithIf requested by Landlord, Tenant shall have execute a reasonable work letter for any such Tenant Work substantially in the right at all times to make all other alterations, additions or improvements to form then used by Landlord for construction performed by tenants of the Building without Landlord’s prior written approvalBuilding. Tenant shall not be required pay Landlord a construction oversight fee in an amount equal to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end five percent (5%) of the Termcost 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 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 if available (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 alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Building Standard Tenant which are permanently attached to and made part of the Premises 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 expiration 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, except for signs, trade fixtures, furnishings, machinery and equipment used in until the expiration or on 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 furnished by 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 which Work, that Landlord will require Tenant may removeto 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, provided and Tenant repairs shall, at Tenant’s expense, promptly repair any damage to the Premises or the Building caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipmentby such removal. Tenant shall pay, when due, all claims for labor or materials furnished or alleged not allow any liens to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien filed against the Premises or the Project in connection with any interest thereinTenant Work. If any liens are filed, Tenant shall cause the same to be released within fifteen (15) days after Tenant’s receipt of written notice of the filing of such lien by bonding or other method acceptable to Landlord. All Outside Contractors shall maintain insurance in amounts and types required by, and in compliance with, Section 20. An ▇▇▇▇▇ 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 reasonable 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.

Appears in 2 contracts

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

Alterations, Additions, and Improvements. (a) Tenant shall not make any alterations, additions or improvements which affect the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building Premises (“Alterations”) without Landlord’s prior written approvalconsent. Tenant Landlord shall not unreasonably withhold its consent to non-structural Alterations. Landlord shall not be required to restore consent to and Tenant shall not make any alterations Alterations to the electrical, plumbing, heating, ventilation or additions permitted under this paragraph air-conditioning systems. Prior to making any Alterations, Tenant shall submit to Landlord detailed plans and specifications for Alterations and reimburse Landlord for all expenses incurred by Landlord in connection with its review thereof, and Tenant shall also provide to Landlord for its approval the identity of the contractor Tenant proposes to employ to construct the Alterations. All Alterations shall be accomplished in accordance with the following conditions: (i) Tenant shall procure all governmental permits and authorizations for the Alterations, and obtain and provide to Landlord an official certificate of occupancy upon completion of the Alterations, if appropriate. (ii) Tenant shall arrange for extension of the liability insurance provided for in Par. 5 to apply to the construction of the Alterations. (iii) The employment of any employee, contractor or laborer in or about the Premises in connection with the Alterations, or Tenant’s moving of furniture and equipment in or out of the Premises or remove improvements at otherwise, shall not interfere or cause any conflict with any employee, contractor or laborer of Landlord or union representing any of them engaged in the end construction, operation, maintenance or repair of the TermProperty. All alterationsIn the event of such interference, additions upon demand of Landlord, Tenant will cause such employee, contractor or laborer to leave the Property immediately. (iv) The work with respect to the Alterations shall be done in a neat, clean and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterationsquiet manner, additions or improvements made by Tenant which are permanently attached to and made part shall not interfere with the use and occupancy of the Premises Building by other tenants. (v) Tenant shall become construct the Alterations in a good and workmanlike manner utilizing materials of first quality and in compliance with all laws and governmental regulations. (vi) Within ten (10) days after completion of the Alterations, Tenant shall provide Landlord with “as built” plans of the Alterations and AutoCAD files thereof on disk. ICM: 09/18/02 FORM: AmberJc2.meb Rev. 09/18/02 MTNT-Msty-Office G+TE – AJ Lease F:\wpdata\meb2\Leases\ValeritasLse3.doc 10/16/09 5:30p.m. 7 (b) Except for Tenant’s trade fixtures, all Alterations shall be the property of Landlord and shall remain on and be surrendered with the Premises upon termination of the Lease, unless Landlord shall notify Tenant at the time Landlord grants its consent to such Alterations, or if no consent is required, at the time Tenant notifies Landlord of such Alterations, that it desires that such Alterations be removed at the expiration of the TermLease, except for signsin which event Tenant agrees to remove such Alterations on or prior to the Expiration Date, trade fixtures, furnishings, machinery and equipment used in or on restore the Premises to its existing condition prior to construction of the Alterations and furnished by Tenant which Tenant may remove, provided Tenant repairs repair any damage to the Premises or the Building caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinsuch removal.

Appears in 2 contracts

Sources: Lease Agreement (Valeritas Holdings Inc.), Lease Agreement (Valeritas Holdings Inc.)

Alterations, Additions, and Improvements. Tenant shall not make any Except as required by Section 4 hereof, no alterations, additions or improvements which affect the structure shall be made to any part of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Subleased Premises without the prior written consent of LandlordSublessor, which consent shall not be unreasonably withheld, conditioned or delayeddelayed and the consent of the Prime Lessor to the extent required by the Prime Lease. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other All permitted alterations, additions or improvements to the Building without LandlordSubleased Premises (“Sublessee’s prior written approvalWork”) shall be made in compliance with any applicable terms and provisions of the Prime Lease, all applicable laws, ordinances, rules and regulations, and at the expiration or termination of the 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. Tenant Notwithstanding the foregoing, Sublessee shall not be required to remove and/or restore any alterations 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 additions permitted under this paragraph 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 or remove improvements upon termination of this Sublease and shall restore the Subleased Premises to the condition required by the Prime Lease. For any other alterations, Sublessor shall notify Sublessee at the end time of Sublessor’s and Prime Lessor’s consent (if required) whether such alterations will have to be removed and/or restored at the expiration of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part In the event that Prime Lessor does not require removal and/or restoration of the Premises shall become the property of Landlord such alterations at the expiration of the Term, except for signsthen Sublessor shall also not require removal and/or restoration of such alterations. All permit, trade fixtureslicense and similar costs and fees (including, furnishingswithout limitation, machinery costs of architectural renderings, sign elevation drawings, mechanical plans, and equipment used in other plans and specifications) required by statute or on ordinance and associated with Sublessee’s Work shall be paid by Sublessee. Any initial improvements (the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage “Sublessee Improvements”) to be made to the Subleased Premises caused thereby (by Sublessee shall be subject to the reasonable prior approval of Sublessor and ordinary wear the approval of the Prime Lessor in accordance with the terms and tear excepted)provisions of the Prime Lease and Sublessee shall be responsible for the removal of the Sublessee Improvements and the restoration of the Subleased Premises if and to the extent required by the Prime Lessor at the Sublease Expiration Date or earlier termination of this Sublease. For federal income tax purposesDuring the period of design and construction of the Sublessee Improvements and installation of Sublessee’s furniture, Tenant’s signs, trade fixtures and furnishings are defined herein equipment, Sublessee shall not be required to pay Sublessor or Prime Lessor for, (1) 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. Tenant , or (5) supervisory, administrative or other fees regarding the management of such work and Sublessor shall paypay such costs to the extent required by Prime Lease; provided, when duehowever, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premisesevent Sublessee requests consent for any additional alterations or improvements, which claims are or may Sublessee shall be secured by solely responsible for any mechanics’ or materialmen’s lien against the Premises or any interest thereincosts and expenses related thereto.

Appears in 2 contracts

Sources: Sublease, Sublease (Horizon Pharma PLC)

Alterations, Additions, and Improvements. Tenant shall not make any No alterations, additions additions, or improvements which affect (“Alterations”) shall be made to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Premises by Lessee without the prior written consent of LandlordLessor, 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 or structural integrity of Building 10, involve penetration of either the ceiling or floor of Building 10 and which do not collectively exceed One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor’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 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.. 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 that: (i) Lessor shall make such election, if at all, at the 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 earlier termination of the Lease, Lessee shall remove from the Premises the equipment listed as “Equipment To Be Removed” on Schedule 3 attached hereto (the “Removal Obligations Schedule”), 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 to assure payment for the completion of all Alterations work free and clear 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 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. Such approvals shall not be unreasonably withheld, conditioned or delayeddelayed by Lessor. Notwithstanding Except as is provided for in the aboveRemoval Obligations Schedule, subject to Lessor’s right to have Lessee retain ownership and provided Tenant complies 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 Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made 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 and shall become the property of Landlord Lessor at the expiration or sooner termination of the TermLease, except for signs, unless Lessor directs otherwise. Lessee shall retain title to all furniture and trade fixtures, furnishings, machinery and equipment used in or fixtures placed on the Premises Premises. Within thirty (30) days after completion of any Alteration, Lessee shall provide Lessor with a complete set of both hard copies and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein CAD drawings of “as equipment. Tenant shall pay, when due, all claims built” plans for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinsame.

Appears in 2 contracts

Sources: Triple Net Space Lease (Biotech Spinco, Inc.), Triple Net Space Lease (PDL Biopharma, Inc.)

Alterations, Additions, and Improvements. Tenant shall not make any No alterations, additions additions, or improvements which affect (“Alterations”) shall be made to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Premises by Lessee without the prior written consent of LandlordLessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which consent shall do not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to 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 LandlordLessor’s prior written approvalconsent. Tenant As a condition to Lessor’s obligation to consider any request for consent hereunder, Lessee shall not be required 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 any alterations the Premises to their prior condition by written notice given on or additions permitted under this paragraph before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination 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 or remove 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 at the end sole cost and expense of the TermLessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. All alterationsAny Alteration except furniture and trade fixtures, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord Lessor at the expiration expiration, or sooner termination of the TermLease, except for signsunless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures, furnishings, machinery and equipment used in or fixtures placed on the Premises and furnished by Tenant Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which Tenant may remove, provided Tenant repairs any damage do not extend to the Premises caused thereby (reasonable ceiling or connect to Building walls), drapery and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, carpeting installations made by Lessee together with all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in property that has become an integral part of the Premises, which claims are shall be and become the property of Lessor upon the expiration, or may sooner termination of the Lease, and shall not be secured by deemed trade fixtures. Within thirty (30) days after completion of any mechanics’ or materialmen’s lien against the Premises or any interest thereinAlteration, Lessee, Lessee shall provide Lessor with a complete set of “as built” plans for same.

Appears in 2 contracts

Sources: Sublease Agreement (Openwave Systems Inc), Sublease Agreement (Openwave Systems Inc)

Alterations, Additions, and Improvements. (a) Tenant shall not make any alterations, additions additions, or improvements to the exterior of the Property or which affect are visible from the structure outside of the Building without Landlord's prior written consent. Landlord's consent shall not be required for (i) non-structural alterations to the interior of the Building which do not exceed $50,000.00 in each instance; and (ii) painting and other decorative alterations, installations and modifications of Tenant's materials storage and handling equipment and other trade fixtures. Landlord may require Tenant to provide demolition and/or lien and completion bonds in form and amount reasonably satisfactory to Landlord but in no event in excess of 105% of the contracted cost of the proposed alteration. Tenant shall promptly remove any alterations, additions, or improvements 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 conformity with all applicable laws and regulations, and by a contractor reasonably approved by Landlord. Upon completion of any such work, Tenant shall provide Landlord with "as built" plans, copies of all construction contracts (if any), and proof of payment for all labor and materials. Landlord shall not unreasonably withhold its consent to structural changes to the Building to accommodate Tenant's materials handling equipment provided such changes do not reduce the original clear height or column spacing of the Building or which decrease otherwise materially adversely affect the square footage ordinary function of the Building or which reduce the value of the Premises, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, as a warehouse. (b) Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, pay when due, due all claims for labor or materials furnished or alleged to have been and material furnished to or for the Property. Tenant for use in shall give Landlord at least twenty (20) days' prior written notice of the Premisescommencement of any work on the Property, which claims are or regardless of whether Landlord's consent to such work is required. Landlord may be secured by any mechanics’ or materialmen’s lien against elect to record and post notices of non-responsibility on the Premises or any interest thereinProperty.

Appears in 2 contracts

Sources: Lease Agreement (Genesis Direct Inc), Lease Agreement (Genesis Direct Inc)

Alterations, Additions, and Improvements. Tenant shall not make any alterations, additions or improvements which affect the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premisesadditions, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building Premises without Landlord’s 's prior written approvalconsent, except for non-structural alterations which do not exceed Five Thousand Dollars ($5,000.00) in cost cumulatively over the Lease Term and which are not visible from the outside of the Building. Landlord may require Tenant to provide demolition and/or lien and completion bonds in form and amount satisfactory to Landlord. Tenant shall not be required to restore promptly remove any alterations or additions permitted under this paragraph to the Premises or remove improvements at made upon Landlord's written request after the end of the Lease Term. All alterations, additions additions, and improvements permitted under this paragraph or consented to will be accomplished in writing a good and workmanlike manner, in conformity with all applicable laws and regulations, and by a contractor licensed in the State of Florida approved by Landlord. Upon completion of any such work, Tenant shall provide Landlord are referred to with "as “Permitted Alterations”. All alterationsbuilt" plans, additions or improvements made by Tenant which are permanently attached to copies of all construction contracts, and made part proof of the Premises shall become the property of Landlord at the expiration of the Term, except payment for signs, trade fixtures, furnishings, machinery all labor and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipmentmaterials. Tenant shall payagrees that Tenant will pay all liens of contractors, when duesubcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all claims expenses, costs and charges, including bond premiums for labor or materials furnished or alleged to have been furnished to or for Tenant for use release of liens and attorneys fees and costs reasonably incurred in and about the Premises, which claims are or may be secured by defense of any mechanics’ or materialmen’s lien against 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 thereinin 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 ▇▇▇▇ 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.

Appears in 2 contracts

Sources: Lease Agreement (Newagecities Com Inc), Lease Agreement (Adsouth Partners, Inc.)

Alterations, Additions, and Improvements. A. Tenant shall not make any alterations, additions additions, or improvements which affect to the structure of the Leased Premises, Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Property without the Landlord's prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayedconsent. Notwithstanding the above, Landlord may require Tenant to provide demolition and/or lien and provided Tenant complies with all Legal Requirements completion bonds in connection therewith, Tenant shall have the right at all times form and amount satisfactory to make all other Landlord for any alterations, additions or improvements to the Building without Landlord’s prior written approvalthat Landlord approves. Tenant shall not be required to restore promptly remove any alterations alterations, additions, or additions permitted under improvements constructed in violation of this paragraph to the Premises or remove improvements at the end subparagraph of the TermSection 5.5 upon Landlord's written request. All alterations, additions addition and improvements permitted under this paragraph or consented to will be accomplished in writing a good and workmanlike manner at Tenant's sole expense, in conformity with all applicable laws and regulations by Landlord are referred to as “Permitted Alterations”a licensed and bonded contractor approved in advance by Landlord. All alterationsUpon completion of any such work, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall payprovide Landlord with "as built" plans, copies of all construction contracts, and proof of payment for all labor and materials. B. Tenant shall pay when due, due all claims for labor and materials furnished to the Leased Premises, Building or Property. Tenant shall give Landlord at least ten (10) days' prior written notice of the commencement of any work on the Leased Premises, Building or Property. The fee interest of Landlord in the Leased Premises, the Building and the Property shall not be subject to liens for improvements made by Tenant. Landlord and Tenant agree that Tenant will not have authority to create or suffer any lien for labor or materials furnished or alleged to have been furnished to or for Tenant for use on Landlord's interest in the Leased Premises, which claims the Building or the Property, and all contractors, subcontractors, materialmen, mechanics, laborers and others contracting with Tenant, and/or any subtenant of Tenant and/or any other occupant(s) of the Leased Premises, for the construction, installation, alteration or repair of any improvements to the Leased Premises are hereby charged with notice that they must look only to Tenant and to Tenant's interest in the Leased Premises to secure the payment of any charges for work done and/or materials furnished at the Leased Premises. Notwithstanding the foregoing, if, for whatever reason, any mechanic's or may other lien shall be secured by any mechanics’ or materialmen’s lien filed against the Leased Premises or any other part of the Building or the Property, purporting to be for labor or material furnished or to be furnished at the request of Tenant or anyone claiming under Tenant, then Tenant shall at its expense cause such lien to be discharged of record by payment, bond or otherwise as allowed by law, within ten (10) days after the filing thereof. If Tenant shall fail to cause the lien to be discharged of record within such ten (10) day period, Tenant shall be in Default under this Lease and (without waiving such Default) Landlord, in addition to any other rights and remedies it may have under this Lease, may, but shall not be obligated to, cause such lien to be discharged by payment, bond or otherwise, without investigation as to the validity thereof or as to any offsets or defenses thereto, and Tenant shall, within ten (10) days after request, reimburse Landlord for all amounts paid and incurred, including attorneys' fees and interest thereinthereon at the rate of 18% per annum or such higher rate as may be permitted by law, from the respective dates of Landlord's payments. For adequate separate consideration received on the execution hereof, on request Tenant also shall otherwise indemnify, protect, defend and hold harmless Landlord and its agents against any claim or damage resulting therefrom or in any way connected therewith. Landlord may elect to record and post notices of non-responsibility on the Leased Premises, the Building or Property, with respect to any such liens.

Appears in 2 contracts

Sources: Warehouse Space Lease Agreement (Excal Enterprises Inc), Warehouse Lease Agreement (Excal Enterprises Inc)

Alterations, Additions, and Improvements. (a) After the Tenant Improvements are constructed, Tenant shall not make any alterations, additions additions, or improvements which affect to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Property without the Landlord's prior written consent of Landlordconsent, which consent shall not to be unreasonably withheld, conditioned conditioned, or delayed, except for non-structural alterations which do not cumulatively exceed a total cost of Fifty Thousand Dollars ($50,000.00) over the Lease Term and which are not visible from the outside of any building of which the Property is part. Notwithstanding the above, Landlord may require Tenant to provide demolition and/or lien and provided Tenant complies with all Legal Requirements completion bonds in connection therewith, Tenant shall have the right at all times form and amount satisfactory to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore promptly remove any alterations alterations, additions, or additions permitted under improvements constructed in violation of this paragraph to the Premises or remove improvements at the end of the TermSection 6.05(a) upon Landlord's written request. All alterations, additions additions, and improvements permitted under this paragraph shall be done in a good and workmanlike manner, in conformity with 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, and proof of payment for all labor and materials including appropriate lien releases. Landlord shall have no responsibility or consented 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 writing or upon the real property of Landlord, or for damage to property caused by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby Property by T▇▇▇▇▇, whether or not made pursuant to Landlord's prior written consent as required herein, and Tenant hereby indemnifies Landlord against any such liability, obligation, cost or expense arising therefrom. (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. b) Tenant shall pay, pay when due, due all claims for labor or materials furnished or alleged to have been and material furnished to the Property. Tenant shall give Landlord at least ten (10) days prior written notice of the commencement of any work on the Property, regardless of whether Landlord's consent to such work is required. Landlord may elect to record and post notices of non-responsibility on the Property. (c) Tenant shall not make any alterations, additions, or for Tenant for use in improvements to the PremisesProperty, including but not limited to mezzanines, storage areas or any other structure, which claims are increase or may add to the usable square footage of the Property. Tenant is hereby informed that the construction of any such structure or addition which increases the usable square footage is strictly prohibited and shall be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereindeemed a material breach of this Lease.

Appears in 2 contracts

Sources: Industrial Real Estate Lease (Caris Life Sciences, Inc.), Industrial Real Estate Lease (Caris Life Sciences, Inc.)

Alterations, Additions, and Improvements. 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, physical additions or improvements in or to the Premises (“Tenant Work”) without obtaining the prior written consent of Landlord, nor place any signs in the Premises which affect the structure of the Building or which decrease the square footage of the Building or which reduce the value of are visible from outside the Premises, in each case without obtaining the prior written consent of Landlord, which consent shall not may be unreasonably withheld, conditioned or delayedwithheld in Landlord’s sole discretion. Notwithstanding the aboveforegoing, 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 provided Tenant complies (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 Legal Requirements in connection therewithcontractors, Tenant subcontractors, vendors, architects arid engineers (collectively, “Outside Contractors”) shall have the right at all times be subject to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. If requested by Landlord, Tenant shall not be required to restore execute a work letter for any alterations or additions permitted under this paragraph to such Tenant Work substantially in the Premises or remove improvements at the end form then used by Landlord for construction performed by tenants of the TermBuilding. 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 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 alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Building Standard Tenant which are permanently attached to and made part of the Premises Work shall become the property of Landlord at 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, except for signs, trade fixtures, furnishings, machinery and equipment used in until the expiration or on 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 furnished by 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 which Work, that Landlord will require Tenant may removeto 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, provided and Tenant repairs shall, at Tenant’s expense, promptly repair any damage to the Premises Premises, the Building or the Project caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipmentby such removal. Tenant shall pay, when due, all claims for labor or materials furnished or alleged not allow any liens to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien filed against the Premises or the Project in connection with any interest thereinTenant Work or otherwise. if any liens are filed, Tenant shall cause the same to be released within five (5) days after Tenant’s receipt of notice of such lien by bonding or other method acceptable to Landlord. All Outside Contractors shall maintain insurance in amounts and types required by, and in compliance with, Section 20. An ▇▇▇▇▇ 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 may prepare and submit to Tenant a punch list of items to be completed, and Tenant shall diligently complete all such punch list items.

Appears in 2 contracts

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

Alterations, Additions, and Improvements. Tenant shall not make any No alterations, additions additions, or improvements which affect (“Alterations”) shall be made to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Premises by Lessee without the prior written consent of LandlordLessor, 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 or structural integrity of Building 9, involve penetration of either the ceiling or floor of Building 9 and which do not collectively exceed One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor’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 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. 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 that: (i) Lessor shall make such election, if at all, at the 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 earlier termination of the Lease, Lessee shall remove from the Premises the equipment listed as “Equipment To Be Removed” on Schedule 3 attached hereto (the “Removal Obligations Schedule”), 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 to assure payment for the completion of all Alterations work free and clear 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 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. Such approvals shall not be unreasonably withheld, conditioned or delayeddelayed by Lessor. Notwithstanding Except as is provided for in the aboveRemoval Obligations Schedule, subject to Lessor’s right to have Lessee retain ownership and provided Tenant complies 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 Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made 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 and shall become the property of Landlord Lessor at the expiration or sooner termination of the TermLease, except for signs, unless Lessor directs otherwise. Lessee shall retain title to all furniture and trade fixtures, furnishings, machinery and equipment used in or fixtures placed on the Premises Premises. Within thirty (30) days after completion of any Alteration, Lessee shall provide Lessor with a complete set of both hard copies and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein CAD drawings of “as equipment. Tenant shall pay, when due, all claims built” plans for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinsame.

Appears in 2 contracts

Sources: Triple Net Space Lease (PDL Biopharma, Inc.), Triple Net Space Lease (Biotech Spinco, Inc.)

Alterations, Additions, and Improvements. 12.1 Tenant shall not create any openings in the roof or exterior walls, nor make any structural alterations, additions or improvements which affect the structure of the Building or which decrease the square footage of the Building or which reduce the value of to the Premises, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Tenant shall have the right at all times to erect or install cabinets, conditioned shelves, electrical outlets, machinery, air conditioning or delayed. Notwithstanding the aboveheating equipment and trade fixtures and other equipment, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. . 12.2 All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of the Landlord at the expiration of the TermLease term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises Tenant's business and furnished by Tenant (collectively, "PERSONAL PROPERTY"), which Personal Property shall be removed by Tenant may remove, provided at the expiration or earlier termination of this Lease and Tenant repairs shall repair any damage to the Premises damages caused thereby (reasonable and ordinary wear and tear excepted)by such removal. For federal Federal income tax purposes, Tenant’s 's signs, trade fixtures and furnishings are defined herein as equipment. Except as set forth above and provided Tenant has obtained Landlord's consent to perform alterations, if consent is required under the terms of this Lease, Tenant shall payhave no obligation to remove any other alterations or improvements or to restore the Premises at the expiration or earlier termination of this Lease. 12.3 Tenant shall have the right to make interior alterations to the Premises of a non-structural nature without Landlord's consent provided Tenant shall comply with all Legal Requirements in connection therewith. 12.4 At Tenant's sole cost and expense, when due, all claims for labor Tenant shall be permitted to construct an antenna or materials furnished or alleged to have been furnished to or for Tenant for use in satellite dish on the roof of the Premises, which claims are provided that (i) Tenant secures any permits required by governmental authority for installation, (ii) such antenna or may be secured by dish it does not impair the structural integrity of the roof and (iii) Tenant coordinates such installation with Landlord's roofing contractor to avoid violations of any mechanics’ roofing warranties. 12.5 Notwithstanding the ownership of the alterations, additions or materialmen’s lien against improvements to the Premises Premises, Tenant retains the right to depreciation deductions of all such alterations, additions or any interest thereinimprovements made at Tenant's expense.

Appears in 2 contracts

Sources: Guaranty of Lease (Basic Us Reit Inc), Guaranty of Lease (Basic Us Reit Inc)

Alterations, Additions, and Improvements. Tenant shall have the right to remodel and make any additions, alterations, or improvements to the Leased Premises 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, additions or improvements to the Leased Premises over $10,000.00 as stated above or which affect change the exterior architectural structure or appearance of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case building without the Landlord's prior written consent of Landlordconsent, which consent shall not be unreasonably withheld, conditioned withheld 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 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 limited to, electrical, plumbing, heating, ventilation and air conditioning systems and equipment installed by Landlord and attached to the building and all interior and exterior lighting fixtures. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewithforegoing, Tenant shall have own all of Tenant's leasehold improvements, the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions restaurant equipment and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishingsand all interior and exterior signage, machinery whether or 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 equipment used upon the termination of this Lease, 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 removal, but without any liability for diminution in value of the 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, then Tenant, at Landlord's election, shall be deemed to have waived all right to any of Tenant's Property not so removed, in which event Landlord may retain the same as Landlord's property, or Tenant, upon written notice from Landlord to Tenant given on or before the termination of the term of the Lease, shall remove the same from the Leased Premises and furnished by Tenant which Tenant may remove, provided Tenant shall make reasonable repairs any damage to the Leased Premises for any physical injury caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured Leased Premises by any mechanics’ or materialmen’s lien against the Premises or any interest thereinremoval thereof.

Appears in 2 contracts

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

Alterations, Additions, and Improvements. Tenant shall not Subject to the provisions of this Article IV, Lessees may make any alterations, additions additions, improvements or improvements which affect other changes to the structure Premises and the Relevant Assets as may be necessary or useful in connection with the operation of the Building or which decrease Relevant Assets (collectively, the square footage of the Building or which reduce the value of the Premises, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed“Additional Improvements”). Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other If such Additional Improvements require alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant Premises or any of the Shared Access Facilities, Lessees shall not be required notify Lessor in writing in advance and the parties shall negotiate in good faith any increase to restore the fees paid by Lessees under the Site Services Agreement by Lessees or otherwise provide for reimbursement of any alterations or additions permitted material increase in cost (if any) to Lessor under this paragraph the Site Services Agreement that results from any modifications to the Premises or remove improvements at the end of Shared Access Facilities necessary to accommodate the TermAdditional Improvements, or as otherwise mutually agreed by the parties. All alterationsAny alteration, additions addition, improvement or other change to the Premises, Relevant Assets or Additional Improvements (and, if agreed by Lessees and improvements permitted under this paragraph or consented Lessor, to the Shared Access Facilities) by Lessees shall be made in writing by Landlord are referred to as “Permitted Alterations”a good and workmanlike manner and in accordance with all applicable Laws. All alterations, additions or improvements made by Tenant which are permanently attached to The Relevant Assets and made part of the Premises all Additional Improvements shall become remain the property of Landlord 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 expiration termination of this Lease. Lessees shall not have the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in right or power to create or permit any lien of any kind or character on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs reason of repair or construction or other work. In the event any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in such lien is filed against the Premises, which claims are Lessees shall cause such lien to be discharged or may be secured by any mechanics’ or materialmen’s lien against bonded within thirty (30) days of the Premises or any interest thereindate of filing thereof.

Appears in 2 contracts

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

Alterations, Additions, and Improvements. (a) Tenant shall not make any alterationsstructural alternations, additions or improvements which affect to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. In addition, conditioned or delayed. Notwithstanding the above, no such work shall be performed unless and provided Tenant complies with all Legal Requirements in connection therewith, Tenant until Landlord shall have the right at approved all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approvalplans and specifications therefore. Tenant shall not submit plans and specifications depicting its proposed, structural work to Landlord for review and approval, which shall be required to restore any alterations or additions permitted under this paragraph to deemed given unless Tenant is advised otherwise within twenty (20) days after the Premises or remove improvements at the end of the Termsubmission thereof. All such structural alterations, additions additions, and improvements permitted under this paragraph or consented to improvements, if agreed to, shall be made in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to accordance with all applicable laws and made part of regulations and shall remain for the Premises shall become the property benefit of Landlord at the expiration of after the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on Tenant shall not have any obligation to remove the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage same. Prior to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposescommencement of any such work or the delivery of any materials, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor supplies or materials furnished or alleged equipment to have been furnished to or for Tenant for use in the Premises, which claims are all contractors shall have duly and effectively waived any right of such contractor and its subcontractors to claim or may be secured by any mechanics’ file a mechanic’s or materialmenmaterialman’s lien against the Premises or any portion thereof or interest thereintherein 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 solely for Landlord’s own protection and shall not be construed to provide any warranty, representation or other assurance of any kind as to the adequacy, quality or legality thereof or as to any other matter whatsoever, and Tenant shall be solely responsible for such 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. (b) All alterations, additions or improvements shall be made in a proper and workmanlike manner and with the use of only first class materials. Tenant agrees to fully pay for same and to indemnify, defend and hold Landlord harmless from all expenses, liens, claims or damages (including reasonable attorneys’ fees) to persons or property arising there from or related thereto. (c) All alterations, additions, improvements and installations (except Tenant’s trade, fixtures and equipment which may be made to the Premises) shall, upon expiration or sooner termination of the Term, by lapse of time or otherwise, become the property of Landlord and remain upon and be surrendered with the Premises. Notwithstanding the provisions of this Paragraph 6.3, personal property, business and trade fixtures and machinery, other than that which is affixed to the Premises so that it cannot be removed without material damage to the Premises, shall remain the property of Tenant and may be removed by Tenant at any time during the Term hereof. (d) Tenant agrees to repair any damage to the Premises caused by, or in connection with, the removal of any articles of personal property, business or trade fixtures, including, without limitation thereto, repairing the floor and patching the walls where reasonably required by Landlord, to Landlord’s reasonable satisfaction. (e) Tenant shall not permit any mechanics’ or materialmen’s liens to be filed against the fee of the Premises or against Landlord’s interest in the Premises by reason of work, lab of, services or materials supplied or claimed to have been supplied to Tenant or anyone holding the Premises through or under Tenant, whether prior or subsequent to the commencement of the Term. If any such mechanics’ or materialmen’s lien shall at any time be filed against the Premises as a result of any alterations, additions, improvements, repairs or installations performed by or on behalf of Tenant, and Tenant shall fail to remove the lien by satisfaction or bonding over within 30 days thereafter, it shall constitute a breach of this Lease.

Appears in 2 contracts

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

Alterations, Additions, and Improvements. Tenant Lessee shall not make any alterations, additions or improvements which affect on or to the structure of premises without first obtaining the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case without the prior written consent of LandlordLessor, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the aboveexcept that Lessee may (without such notice, and provided Tenant complies with all Legal Requirements in connection therewithconsent, Tenant shall have the right at all times to etc.) make all other any non-structural alterations, additions or improvements changes to the Building premises reasonably related to the Contemplated Uses, including, without Landlordlimitation, installing and replacing signs, redecorating, making improvements that do not effect load-bearing walls, and reconfiguring non-load-bearing walls. Any work performed by Lessee shall be at Lessee’s prior written approval. Tenant expense, and Lesee shall use contractors or mechanics first approved by Lessor for any structural or building-system work, such approval shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Termunreasonably withheld. All alterationsfixtures and all paneling, additions partitions, railing and improvements permitted under this paragraph or consented to like installations, installed in writing the premises at any time by Landlord are referred to as “Permitted Alterations”. All alterationsLessee shall, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall upon installation, become the property of Landlord at Lessor and shall remain upon and be surrendered with the leased premises unless, as to any items installed after the date hereof, Lessor, by notice to lessee not later than twenty days prior to the date fixed as the termination of the lease, elects to relinquish Lessor’s rights thereto and to have them removed by Lessee, in which event, the same shall be removed from the premises by Lessee on or before the expiration of the Termlease, except for signsat Lessee’s expense. Nothing contained in this provision shall prevent Lessee from removing all office furniture and machines, equipment, and trade fixtures, furnishings, machinery and equipment fixtures customarily used in or on the Premises business of the Lessee, and furnished by Tenant any other property and fixtures which Tenant may remove, provided Tenant repairs any damage to are Acquired Assets (as defined in the Premises caused thereby (reasonable and ordinary wear and tear exceptedPurchase Agreement). For federal income tax purposesLessee agrees that all work performed under this article shall be in compliance with all applicable laws, Tenant’s signsincluding all applicable laws, trade fixtures regulations, and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in codes of the Premises, which claims are or may be secured by city of Norwalk and any mechanics’ or materialmen’s lien against other governmental entity with jurisdiction over the Premises or any interest thereinpremises.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Trudy Corp), Asset Purchase Agreement (Trudy Corp)

Alterations, Additions, and Improvements. Tenant shall not make any No alterations, additions additions, or improvements which affect (“Alterations”) shall be made to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Premises by Lessee without the prior written consent of LandlordLessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which consent shall do not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively Seventy-five Thousand Dollars ($75,000) in cost within any twelve (12) month period, without LandlordLessor’s prior written approvalconsent. Tenant As a condition to Lessor’s obligation to consider any request for consent hereunder, Lessee shall not be required 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 any alterations the Premises to their prior condition by written notice given on or additions permitted under this paragraph before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination 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 or remove 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 at the end sole cost and expense of the TermLessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. All alterationsAny Alteration except furniture and trade fixtures, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord Lessor at the expiration expiration, or sooner termination of the TermLease, except for signsunless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures, furnishings, machinery and equipment used in or fixtures placed on the Premises and furnished by Tenant Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which Tenant may remove, provided Tenant repairs any damage do not extend to the Premises caused thereby (reasonable ceiling or connect to Building walls), drapery and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, carpeting installations made by Lessee together with all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in property that has become an integral part of the Premises, which claims are shall be and become the property of Lessor upon the expiration, or may sooner termination of the Lease, and shall not be secured by deemed trade fixtures. Within thirty (30) days after completion of any mechanics’ or materialmen’s lien against the Premises or any interest thereinAlteration, Lessee, Lessee shall provide Lessor with a complete set of “as built” plans for same.

Appears in 2 contracts

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

Alterations, Additions, and Improvements. Tenant shall not make any No alterations, additions additions, or improvements which affect ("Alterations") shall be made to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Premises by Lessee without the prior written consent of LandlordLessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which consent shall do not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to 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 Landlord’s Lessor's prior written approvalconsent. Tenant As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall not be required 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 any alterations the Premises to their prior condition by written notice given on or additions permitted under this paragraph before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination 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 or remove 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 at the end sole cost and expense of the TermLessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. All alterationsAny Alteration except furniture and trade fixtures, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord Lessor at the expiration expiration, or sooner termination of the TermLease, except for signsunless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures, furnishings, machinery and equipment used in or fixtures placed on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted)Premises. For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein.All heating,

Appears in 2 contracts

Sources: Triple Net Building Lease (Informatica Corp), Triple Net Building Lease (Informatica Corp)

Alterations, Additions, and Improvements. Except for nonstructural alterations which do not affect the electrical or mechanical systems of the Building, Tenant shall not make any alterationsalterations of, additions additions, or improvements which affect to the structure of Leased Premises without first obtaining the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case without the prior express written consent of Landlord, which consent shall not be unreasonably withheld, conditioned conditioned, or delayed. Notwithstanding Unless otherwise provided by the aboveterms of Landlord's consent to the making thereof, all alterations shall be part of the Leased Premises and provided 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 complies with all Legal Requirements in connection therewithon any portion of the Premises. Upon any request for approval of alterations or additions, Tenant shall have 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 if Tenant's proposed work is to be performed without the right preparation of plans and specifications, Tenant may submit a written description of the proposed work adequate to allow Landlord to evaluate Tenant's request for approval. Landlord agrees to approve or deny Tenant's request within twenty-one (21) days from the date all required plans and other information are submitted to Landlord. If Landlord fails to respond within said twenty-one (21) day period, such failure shall be deemed to be approval of Tenant's request. If Landlord denies Tenant's request, Landlord agrees to state its reasons for such denial, to meet and confer with Tenant within five (5) days after its denial for the purpose of attempting to resolve Landlord's objections which caused it to deny approval, and to grant Tenant the opportunity to resubmit revised plans and specifications accordingly. In the event of such resubmission, Landlord shall respond within seven (7) days after the resubmission, and its failure to do so shall constitute approval. 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 make which the Leased Premises are subject. Any and all other alterations, additions and/or improvements hereafter to be erected on the Leased Premises by Tenant shall be constructed in a good and workmanlike manner, and in compliance with all applicable building laws, environmental requirements, and the like, and in accordance with zoning as aforesaid and in full compliance with the terms and conditions of this Lease. Tenant shall, at its own cost and expense, 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 improvements. In the event that any building permits or the like shall 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 Building cost and expense of Tenant, without Landlord’s prior written approval. Tenant shall not be Landlord being required to restore respond thereto in any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinmanner whatsoever.

Appears in 1 contract

Sources: Lease (Streamline Com Inc)

Alterations, Additions, and Improvements. Except for the Tenant Improvements, Tenant shall not make any alterations, additions or improvements which affect improvements, structural or otherwise (the structure “Alterations”) in or to the Premises without Landlord’s prior written consent. 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 copy of the Building plans and specifications for the Alterations prior to commencing construction. All Alterations shall be made promptly, in a workmanlike manner, paid for by Tenant allowing no liens to attach either to the Premises or which decrease to Tenant’s leasehold interest, and so as not to unreasonably disturb or inconvenience other tenants in the square footage 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 Landlord. Unless otherwise noted in Landlord’s written approval of the Building or which reduce Alteration, any Alteration shall remain and be surrendered with the value Premises on expiration of the PremisesLease. If Landlord’s approval of the Alteration provides that the Alteration is not to be surrendered, Tenant, at its sole cost, shall remove that Alteration which is not to remain and shall repair all damage to the Premises caused by that removal. This obligation shall survive a termination of the Lease. Notwithstanding anything in each case without this Lease to the prior written consent contrary, Tenant shall be responsible for any ad valorem taxes or increase therein resulting from Alterations made by or at the direction of LandlordTenant. The Landlord consents/approvals required under Section 7, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein.

Appears in 1 contract

Sources: Sublease Agreement (Larscom Inc)

Alterations, Additions, and Improvements. Tenant shall not create any openings in the roof or exterior walls, or make any alterations, additions or improvements which affect to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case demised premises without the prior written consent of Landlord. Consent for non-structural alterations, which consent additions or improvements shall not be unreasonably withheldwithheld by Landlord. Tenant shall have the right to erect or install shelves, conditioned bins, machinery, air conditions or delayed. Notwithstanding the aboveheating equipment and trade fixtures, and provided that Tenant complies with all Legal Requirements in connection therewithapplicable 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 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 good and workmanlike manner any damage caused by installation or removal thereof. Tenant shall pay for all times to make all other costs incurred or arising out of alterations, additions or improvements in or to the Building without demised premises and shall not permit a mechanic's or materialmen's lien to be asserted against the demised premises. Upon request by Landlord’s prior written approval. , Tenant shall not be required deliver to restore Landlord proof of payment reasonably satisfactory to Landlord of all costs incurred or arising out of any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All such alterations, additions or improvements. All alternations, additions or improvements made by Tenant which are permanently attached in or to and made part of the Premises demised premises shall become the property of Landlord at the expiration or termination of this lease, however, Landlord may direct the Termremoval of alterations, except for signsadditions or improvements by giving written notice to Tenant prior to the expiration or termination of this lease. At the direction of Landlord, trade fixturesTenant shall promptly remove all alterations, furnishings, machinery additions and equipment used improvements and any other property placed in or on the Premises and furnished demised premises by Tenant which and Tenant may remove, provided Tenant repairs shall repair in good and workmanlike manner any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinsuch removal.

Appears in 1 contract

Sources: Lease Agreement (Asd Systems Inc)

Alterations, Additions, and Improvements. Tenant shall not make any alterations, additions or improvements which affect to the structure Premises without prior written consent of the Building or which decrease Landlord unless the square footage 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 or which reduce building, and do not adversely affect the value of the Premises, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayedbuilding. Notwithstanding the aboveforegoing, Tenant may perform cosmetic work such as painting, installing carpet and provided Tenant complies low-voltage cabling without Landlord’s consent but with prior notice. Upon the expiration of the Lease term, all Legal Requirements in connection therewithsuch alterations, additions and improvements shall become the property of the Landlord. However, Tenant shall have the right at all times to remove such alterations, additions, or improvements upon the termination of the Lease, provided that Tenant shall repair any damage caused by such removal and shall restore the appearance of the Premises by redecorating. Landlord may elect upon notice to Tenant (which shall be provided no later than the 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 all other alterations, additions or improvements to the Building without that require Landlord’s prior written approval. consent pursuant to this paragraph upon the expiration or termination of the Lease, in which case Tenant shall not be required to restore any alterations or additions permitted under this paragraph to promptly remove the Premises or remove improvements at the end of the Term. All said alterations, additions and improvements permitted under this paragraph or consented to in writing and repair the damage caused by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinsuch removal.

Appears in 1 contract

Sources: Lease Agreement (Cardiac Science CORP)

Alterations, Additions, and Improvements. (a) Tenant shall not make any alterations, additions or improvements to the Premises without Landlord's prior written consent, except for non-structural alterations which affect do not exceed Twenty Thousand Dollars ($20,000) in cost annually and which are not visible from the structure outside of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, Building. Landlord may require Tenant to provide lien and completion bonds in each case without the prior written consent of form and amount satisfactory to Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other promptly remove any alterations, additions or improvements to the Building without Landlord’s prior constructed in violation of this Paragraph 6.05 (a) upon ▇▇▇▇▇▇▇▇'s written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Termrequest. All alterations, additions and improvements permitted under shall be done in a good and workmanlike manner, in conformity with all applicable laws and regulations, and by a contractor approved by Landlord. Upon completion of any such work, Tenant shall provide Landlord with "as built" plans. (b) Tenant shall pay when due all valid claims for labor and material furnished to the Premises. Tenant shall give Landlord at least twenty (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 elect to record and post notices of non-responsibility on the Premises. In the event that any lien or notice of lien is recorded against the Property as a result of any work performed by or at the request of Tenant, Tenant shall, within thirty (30) days thereafter, cause such lien or notice of lien to be released of record; provided, however, that Tenant shall have the right to contest such lien or notice of lien by appropriate proceedings if Tenant establishes a bond or other customary security in favor of Landlord within such time. (c) Upon termination of this paragraph Lease, Tenant shall not have the right to remove any equipment or consented fixtures installed at the Property unless, prior to installation of any such equipment or fixtures, ▇▇▇▇▇▇ shall notify Landlord in writing by Landlord are referred of such installation and of Tenant's intent to as “Permitted Alterations”. All alterations, additions retain ownership of such equipment or improvements made by Tenant which are permanently attached to fixtures and made part of ▇▇▇▇▇▇▇▇ agrees in writing that such equipment may be installed at the Premises and shall become remain the property of Landlord Tenant. Any such equipment or fixtures so installed at the expiration Premises with the written agreement of the Term, except Landlord shall be considered to be "Tenant's Equipment" for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinpurposes of Section 6.06 below.

Appears in 1 contract

Sources: Real Estate Lease (Emulex Corp /De/)

Alterations, Additions, and Improvements. Tenant shall not permit, make or allow to be made any construction, alterations, physical additions or improvements in or to the Premises or placement of any signs in the Premises which affect are visible from outside the structure of the Building or which decrease the square footage of the Building or which reduce the value of the PremisesPremises (collectively, in each case “Tenant Work”), without first obtaining the prior written consent of Landlord which may be withheld in Landlord, which consent shall not be unreasonably withheld, conditioned or delayed’s sole discretion. Notwithstanding the aboveforegoing, Landlord will not unreasonably withhold 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 provided Tenant complies (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 Legal Requirements in connection therewithcontractors, Tenant subcontractors, vendors, architects and engineers (collectively, “Outside Contractors”) shall have the right at all times be subject to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. If requested by Landlord, Tenant shall not be required to restore execute a Work Letter Agreement for any alterations or additions permitted under this paragraph to such Tenant Work substantially in the Premises or remove improvements at the end form attached hereto as Exhibit D. Tenant shall pay Landlord ten percent (10%) of the Term. All alterations, additions cost and improvements permitted under this paragraph or consented to in writing expenses of any Tenant Work whether undertaken by Landlord or Tenant as a construction oversight fee and for administrative cost recovery, provided, however, that such fee shall not apply to construction of any Initial Improvements. Landlord may hire outside consultants to review such documents and information furnished to Landlord, and Tenant shall reimburse Landlord for the reasonable and actual 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 referred to as “Permitted Alterations”. All alterationscomplete or suitable for their intended purpose, additions or improvements made (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 are permanently attached to may arise out of such work, plans and made part of the Premises specifications, and permits for such Tenant Work. Any and all Tenant Work shall become the property of Landlord at upon completion and shall be surrendered to Landlord upon the termination or expiration of the Termthis Lease for any reason, except for signs, trade fixtures, furnishings, machinery and equipment used in unless Landlord shall require removal or on the Premises and furnished restoration by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged not allow any liens to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien filed against the Premises or the Project in connection with any interest thereinTenant Work. If any liens are filed, Tenant shall cause the same to be released within ten (10) business days after filing by bonding or other method acceptable to Landlord. All Outside Contractors shall maintain insurance in amounts and types required by, and in material compliance with, Section 20. ▇▇▇▇▇ 25 (or its equivalent) certificates of insurance 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.

Appears in 1 contract

Sources: Lease Agreement (Hyperdynamics Corp)

Alterations, Additions, and Improvements. Tenant shall not Lessee may make any no alterations, additions additions, or improvements which affect in or to the structure of the Building demised premises or which decrease the square footage of the Building or which reduce the value of the Premises, in each case any part thereof without the prior written consent of LandlordLessor, which consent shall not be unreasonably withheld. Lessor, conditioned in its sole discretion, shall determine if any alterations, improvements or delayedadditions in, on, or to the demised premises shall be made by Lessee. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other Any such alterations, additions or improvements in, on or to the Building without Landlord’s prior written approval. Tenant demised property shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end once become a part of the Termdemised premises as a fixture. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All Any period of alterations, additions or improvements by Lessee shall be made by Tenant which are permanently attached Lessee at Lessee’s sole cost and expense. Lessee shall guaranty that any alterations or improvements shall be made in good and ▇▇▇▇▇▇▇ like manner, in compliance with all government requirements, and rating bureau recommendations. The Lessee shall obtain all necessary permits from governmental authorities, and shall pay all fees and penalties associated therewith. Lessee agrees not to and create, incur, impose or permit, to exist any lien or other obligation against the demised premises or Lessor because of any repair or decoration permitted or required to be made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage Lessee pursuant to the Premises caused thereby (reasonable terms of this lease. Lessee agrees to hold Lessor harmless from and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for 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 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 furnished or alleged to have been furnished to or purchased for Tenant for use in the Premises, demised premises upon which claims are lien can or may be secured by any mechanics’ asserted against demised premises or materialmen’s lien against the Premises or any interest thereinimprovements thereon.

Appears in 1 contract

Sources: Commercial Lease

Alterations, Additions, and Improvements. (a) Provided that Tenant’s use of the Property is consistent with the Permitted Use and in compliance the other terms of this Lease, Tenant shall not may make any alterations, additions additions, or improvements which affect to the structure of Property and the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case initial Improvements (“Tenant’s Alterations”) without the Landlord’s prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayedconsent. Notwithstanding the above, Tenant and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord acknowledge and agree that Landlord’s prior written approvallimited consent and approval of the initial Improvements shall be governed by Article Fourteen below and the attached Tenant Work Letter. Tenant shall not be required to restore promptly remove any alterations or additions permitted under Tenant’s Alterations constructed in violation of this paragraph to the Premises or remove improvements at the end of the TermSection 6.05(a) upon Landlord’s written request. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signsAlterations shall be performed in a good and workmanlike manner, trade fixtures and furnishings are defined herein as equipment. in conformity with all Applicable Laws. (b) Tenant shall pay, pay when due, due all claims for labor or materials furnished or alleged to have been and material furnished to or for the Property. Tenant shall give Landlord at least twenty (20) days’ prior written notice of the commencement of any work on the Property, regardless of whether Landlord’s consent to such work is required. Notwithstanding any language to the contrary in this Section 6.05, with respect to any Tenant’s Alterations, regardless of whether Landlord’s consent to such work is required under the terms of this Lease, Tenant acknowledges that it is required by Nevada law to record a notice of posted security in compliance with the requirements of Nev. Rev. Stat. Chapter 108 (2015) (the “Posted Security Requirements”). Concurrently with Landlord’s delivery of this Lease to Tenant for use in execution, Landlord may elect to provide Tenant with a separate written notice of the PremisesPosted Security Requirements, which claims are or may be secured by any mechanics’ or materialmen’s lien against shall include an acknowledgement of Tenant (the Premises or any interest therein.“Notice and Acknowledgement”). If so provided, Tenant agrees to promptly sign and return the Notice and Acknowledgment to Landlord and further agrees to strictly comply with all other requirements of Nev. Rev.

Appears in 1 contract

Sources: Land Lease (Switch, Inc.)

Alterations, Additions, and Improvements. (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, physical additions or improvements in or to the Leased Premises, or place signs on or in the Leased Premises which are visible from outside the Leased Premises, without first obtaining the prior written consent of Landlord (which consent may be withheld in Landlord's sole discretion). Notwithstanding the foregoing, Landlord will not unreasonably withhold its consent to alterations, physical additions or changes to the Leased Premises that do not adversely affect the Building structural, mechanical, 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 or any public areas of the Project, (iii) do not violate any provision of this Lease, (iv) do not violate any Legal Requirements, and (v) will 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 limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, plans and specifications, and permits for 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 the cost thereof, including reasonable attorneys' fees, within thirty (30) days after demand. (b) The work necessary to make any permitted alterations, improve­ments, or additions to the Leased Premises shall be done at Tenant's expense by contractors approved in writing by Landlord (each such contractor hereinafter referred to as an "Outside Contractor") or, at Tenant's election, by Landlord (without cost or expense to Landlord). If Landlord performs any such work, upon completion of such work Tenant shall pay Landlord a fee for Landlord's supervision and administration of such work equal to five percent (5%) of the cost of such work. All work performed by an Outside Contractor shall be performed in a good and workmanlike manner and in compliance with all Legal Requirements, Landlord's requirements (including without limitation Paragraph 5 of Exhibit C-1), with the provisions of this Section 5.5 and all applicable Project Rules. Tenant shall give Landlord at least ten (10) days prior written notice before the commencement of any work pursuant to this Section 5.5. Additionally, it shall be Tenant's responsibility to ensure that the Outside Contractor shall (i) conduct its work in such a manner so as not to unreasonably interfere with any other construction occurring on or in the Project or with the transaction of business in the Project; (ii) comply with such reasonable rules and regulations applicable to all work being performed in the Project as may be promulgated from time to time by Landlord; (iii) maintain such insurance and bonds in full force and effect as may be reasonably requested by Landlord or as required by Legal Requirements; and (iv) be responsible for reaching agreement with Landlord as to the terms and conditions for all contractor items relating to conducting its work. As a condition precedent to Landlord's approving the Outside Contractor pursuant hereto, Tenant and the Outside Contractor shall deliver to Landlord such assurances or instruments as Landlord may reasonably require to evidence the Outside Contractor's compliance or agreement to comply with the provisions of clauses (i), (ii), (iii), and (iv) of this subsection (b). Landlord retains the right to make periodic inspections to assure conformity of the work of the Outside Contractor with the aforementioned rules and regulations and with the plans and specifications approved by Landlord. Within thirty (30) days after substantial completion of any work by Tenant, Tenant, at Tenant's cost and expense, shall furnish Landlord "as-built" drawings of such work and shall cause the architect(s) and/or engineer(s) that performed in connection with the work to prepare a report, in form and substance acceptable to Landlord, for the benefit of Landlord, certifying to the compliance of the work constructed by any Outside Contractor with the plans and specifications approved by Landlord. Each Outside Contractor shall not perform and, upon the request of Landlord, whether written or oral, each Outside Contractor shall cease to perform, any activity that is unreasonably disruptive to the conduct of business within the Project or other tenants or occupants of the Project. (c) Any and all such alterations, physical additions or improvements, when made to the Leased Premises by Tenant or on Tenant's behalf, shall 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; provided, however, this sentence shall not apply to movable equipment or furniture owned by Tenant. If Tenant fails to remove such movables upon termination of this Lease, Landlord may have the same removed and any resulting damage repaired at Tenant's expense. In such event, such movables will automatically become the property of Landlord and may be disposed of by Landlord in its sole discretion, without any right of reimbursement therefor to Tenant. (d) Tenant shall not allow any liens to be filed against the Leased Premises or the Project in connection with the installation of Tenant's improvements in, or any repair or alteration work to, the Leased Premises performed by Tenant or an Outside Contractor; provided Tenant shall not be responsible for liens filed in connection with any work performed by Landlord in the Leased Premises. If any such liens shall be filed, Tenant shall cause the same to be released within ten (10) days after the filing thereof by bonding or other method acceptable to Landlord; provided, however, this sentence shall not apply to movable equipment or furniture owned by Tenant. If Tenant shall fail to timely cancel or discharge said lien or liens as required above, Landlord, at its sole option, may cancel or discharge the same and Tenant shall pay to Landlord upon demand, Landlord's cost thereof plus a charge equal to ten percent (10%) of such costs for administrative cost recovery. Upon completion of any such work, Tenant shall deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for, labor, services, or material. Tenant shall indemnify and hold harmless Landlord from all losses, costs, damages, claims and expenses (including reasonable attorneys' fees and costs of suits actually incurred), liabilities or causes of action arising out of or relating to any alterations, additions or improvements which affect that Tenant or any Outside Contractor makes to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Leased Premises, in each case without including any occasioned by the prior written consent filing of Landlordany mechanic's, which consent materialman's, construction or other liens or claims (and all costs or expenses associated therewith) asserted, filed or arising out of any such work, provided Tenant shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements responsible for liens filed in connection therewithwith any work performed by Landlord in the Leased Premises. All materialmen, contractors, artisans, mechanics, laborers and other parties hereafter contracting with Tenant for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Leased Premises are hereby charged with notice that they must look solely to Tenant for payment of same and Tenant's purchase orders, contracts and subcontracts in connection therewith must clearly state this requirement. Landlord shall have the right at all times to make post and keep posted on the Leased Premises any notices permitted or required by Legal Requirements, or that Landlord shall deem proper for the protection of Landlord, the Leased Premises, the Project and any other party having an interest therein, from liens. Without limiting the generality of the foregoing, Tenant shall repair or cause to be repaired at its expense all damage caused by any Outside Contractor, its subcontractors or their employees. Tenant shall reimburse Landlord for any costs incurred by Landlord to repair any damage caused by any Outside Contractor or any costs incurred by Landlord in requiring any Outside Contractor's compliance with the rules and regulations. Additionally, Tenant shall reimburse Landlord for the reasonable costs Landlord may incur to have an engineer review all mechanical, structural, electrical, plumbing and life safety systems installed by any Outside Contractor. (e) Tenant agrees specifically that no food, soft drink or other alterations, additions or improvements to vending machine will be installed within the Building Leased Premises without Landlord’s 's prior written approval. Tenant ; provided, however, such approval shall not be required withheld provided (i) the use of such machines are restricted to restore any alterations or additions permitted under this paragraph to Tenant's employees and clients, and (ii) Landlord approves the Premises or remove improvements at the end of the Term. All alterationslocation, additions visibility and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereincondition thereof.

Appears in 1 contract

Sources: Lease Agreement (FSP Phoenix Tower Corp)

Alterations, Additions, and Improvements. Tenant shall not make any alterations, additions or improvements which affect the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All (a) Any alterations, additions or improvements made to the Building or the Property by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord or at the expiration request of Tenant, are herein referred to as "TENANT'S ALTERATIONS." Tenant shall not make any Tenant's Alterations to the TermBuilding without Landlord's prior written consent, except for signs, trade fixtures, furnishings, machinery non-structural interior alterations and equipment used in or on the Premises and furnished by initial Tenant Improvements (which Tenant may remove, provided Tenant repairs any damage are to be constructed subject to the Premises caused thereby (reasonable and ordinary wear and tear exceptedprovisions of Article Fourteen below). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall paypromptly remove any Tenant's Alterations constructed in violation of this Section 6.05 (a) upon Landlord's written request. All Tenant's Alterations shall be performed in a good and workmanlike manner, in conformity with all Applicable Laws, and to the extent Landlord's consent is required, using a contractor reasonably acceptable to Landlord. Upon completion of any such work, Tenant shall make available for Landlord's review and copying, any "as built" plans, construction contracts, and proof of payment for labor and materials in Tenant's possession. (b) Tenant shall pay when due, due all claims for labor or materials furnished or alleged to have been and material contracted for by Tenant and furnished to the Property. Tenant shall give Landlord at least ten (10) days' prior written notice of the commencement of any work with an anticipated cost of One Hundred Fifty Thousand Dollars ($150,000.00) in Constant Dollars (defined below) or for more on the Property (other than the initial Tenant for use Improvements), regardless of whether Landlord's consent to such work is required. Notwithstanding any language to the contrary in the Premisesthis Section 6.05, which claims are or may be secured by with respect to any mechanics’ or materialmen’s lien against the Premises or any interest therein.Tenant's Alterations, regardless of whether Landlord's consent to such work is 7155 Lindell Road ▇▇▇ Vegas, Nevada Nevada Power Company

Appears in 1 contract

Sources: Lease Agreement (Sierra Pacific Resources /Nv/)

Alterations, Additions, and Improvements. Tenant The Lessee shall not make any alterations, additions or improvements which affect to the structure of Leased Premises without first obtaining the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case without the prior express written consent of Landlord, which consent the Lessor who shall not be unreasonably withheld, conditioned or delayedrefuse such authorization. Notwithstanding The Lessee agrees to provide the above, and provided Tenant complies Lessor with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore construction plans for any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred be made to as “Permitted Alterations”the Leased Premises. All The alterations, additions or and improvements made by Tenant which are permanently attached to and made part must match the style of the Premises building (materials, lighting, etc.). They shall be completed at the sole expense, risk and responsibility of the Lessee. The Lessor reserves the right to supervise all authorised construction work and to request from the Lessee evidence of sufficient insurance coverage. In addition, to carry out the authorised construction work, the Lessee must comply with all applicable standards, 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 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 an alarm system in the rented premises (and as already mentioned in Article 9 above). At the end of the lease term, at any given moment and irrespective 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 Landlord at the expiration of the TermLessor, and shall be delivered in good working order (except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary normal wear and tear exceptedtear), free of charge and without any compensation. For federal income tax purposesThe Lessor reserves the right to demand the removal of these alterations, Tenantadditions and improvements and to restore the Leased Premises to its original condition, either fully or partially, even if the construction was carried out with the Lessor’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinexpress consent.

Appears in 1 contract

Sources: Warehouse Lease Agreement (Skechers Usa Inc)

Alterations, Additions, and Improvements. Tenant (a) Lessee shall not make any alterations, additions additions, or improvements which affect to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Leased Premises without the Lessor's prior written consent. Lessor's consent of Landlord, which consent to alterations shall not be unreasonably withheld, conditioned withheld or delayed. Notwithstanding If possible, at the abovetime the alterations are approved, the Lessor shall inform the Lessee of those alterations that will be required to be removed at the end of the Lease Term. Lessee shall promptly remove any alterations, additions or improvements constructed in violation of this Section 5.09 (a) upon Lessor's written request. All alterations, additions and improvements will be accomplished in a good workmanlike manner, in conformity with all applicable laws and regulations, and provided Tenant complies by a contractor approved by Lessor. Upon completion of any such work, Lessee shall provide Lessor with "as built" plans, copies of all Legal Requirements in construction contracts, and proof of payment for all labor and materials. (b) Lessee shall pay when due all claims for labor and materials furnished to the Leased Premises. Lessee shall give Lessor at least ten (10) days prior written notice of the commencement of any work on the Leased Premises. Lessor may elect to record and post notices of non-responsibility on the Leased Premises. In connection therewith, Tenant shall have the right at all times to make all other with any alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant Leased Premises, Lessee shall notify any and all contractors involved in any construction upon the Leased Premises that this lease expressly provides that the interest of Lessor shall not be required subject to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions liens or improvements made by Tenant Lessee. Lessee agrees to execute a memorandum of this Lease which are permanently attached shall refer to and the provisions of Section 713.10, Fla. Stat. (1995) which, when recorded, will notify Lessee's contractors that Lessor's interest in the Leased Premises shall not be subject to liens for any improvements made part by Lessee. Nevertheless, should any lien be filed against the Leased Premises by any contractor, subcontractor, materialman or other person involved in any construction upon the Leased Premises, Lessee may contest said lien, however, Lessee shall promptly remove such lien, by bonding or otherwise, within fifteen (15) days after receipt of written demand therefor from Lessor or when Lessee first learns of the Premises filing of such lien, whichever occurs first. Failure of Lessee to comply with the provisions of this paragraph shall become the property be an event of Landlord at the expiration default under this Lease entitling Lessor to avail itself of the Term, except remedies provided for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinArticle Nine below.

Appears in 1 contract

Sources: Sublease (Security Associates International Inc)

Alterations, Additions, and Improvements. (a) Other than the Improvements, Tenant shall not make or allow to be made any alterations or additions in or to the Premises without first obtaining the written consent of Landlord. Landlord's consent will not be unreasonably withheld or delayed with respect to proposed alterations and additions that: (i) comply with all applicable laws, ordinances, rules and regulations; (ii) will not interfere with Landlord's future use of the Premises; and (iii) will not trigger any additional costs to Landlord (other than those for which Tenant is obligated to reimburse Landlord pursuant to the terms of this Lease). (b) Any consent given by Landlord under this Section 4.05 shall be deemed conditioned upon: (i) Tenant's acquiring all applicable permits required by governmental authorities; (ii) Tenant's furnishing to Landlord copies of such permits, together with copies of the approved plans and specifications, prior to commencement of the work thereon; and (iii) Tenant's compliance with the conditions of all applicable permits and approvals in a prompt and expeditious manner. (c) Tenant shall provide Landlord with not less than ten (10) days prior written notice of commencement of the work so as to enable Landlord to post and record appropriate notices of non-- responsibility. All alterations and additions permitted hereunder shall be made and performed by Tenant without cost or expense to Landlord. Tenant shall pay the contractors and suppliers all amounts due to them when due and keep the Premises free from any and all mechanics', materialmen and other liens and claims arising out of any work performed, materials furnished, or obligations incurred by or for Tenant. (d) Any and all alterations, additions or improvements which affect made to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Premises by Tenant shall have become the right at all times property of Landlord upon installation and shall be surrendered to make all other Landlord without compensation to Tenant upon the termination of this Lease by lapse of time or otherwise unless Landlord conditioned its approval of such alterations, additions or improvements on Tenant's agreement to remove them, in which case Tenant shall, by the Expiration Date, remove such alterations, additions and improvements, repair any damage resulting from such removal and restore the Premises to their condition existing prior to the Building without Landlord’s prior written approvaldate of installation of such alterations, additions and improvements. Notwithstanding anything to the contrary set forth above, this clause shall not apply to movable equipment, personal property or furniture owned by Tenant. Tenant shall not be required to restore any alterations or additions permitted under this paragraph repair at its sole cost and expense all damage caused to the Premises by removal of Tenant's movable equipment, personal property or furniture and such other alterations, additions and improvements as Tenant shall be required or allowed by Landlord to remove improvements at from the end Premises. Nothing herein shall be construed to require Tenant to remove any structures that are located in the Premises as of the Term. Commencement Date. (e) All alterations, additions and improvements permitted under this paragraph or consented Section 4.05 shall be constructed diligently, in a good and workmanlike manner with new, good and sufficient materials and in compliance with all applicable laws, ordinances, rules and regulations including, without limitation, building codes and those related to in writing accessibility and use by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinindividuals with disabilities.

Appears in 1 contract

Sources: Lease Agreement

Alterations, Additions, and Improvements. (a) Tenant shall not make any alterations, additions additions, or improvements which affect to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Premises without the Landlord's prior written consent of consent. Tenant shall deliver to Landlord, which consent shall not be unreasonably withheldfor Landlord's approval prior to any construction, conditioned or delayed. Notwithstanding a complete set of plans and specifications for the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other proposed alterations, additions or improvements improvements, copies of contracts with general contractors, evidence of contractor's insurance and bonds, and all necessary permits for such construction. Landlord may require Tenant to the Building without provide demolition and/or lien and completion bonds in form and amount satisfactory to Landlord’s prior written approval. Tenant shall not be required to restore promptly remove any alterations alterations, additions, or additions permitted under improvements constructed in violation of this paragraph to the Premises or remove improvements at the end of the TermSection 6.05 (a) upon Landlord's written request. All alterations, additions additions, and improvements permitted under this paragraph will be accomplished in a good and workmanlike manner, in conformity with all applicable Laws, and by a contractor approved by Landlord. Landlord's approval of the plans, specifications and working drawings for Tenant's alterations shall create no responsibility or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made liability on the part of the Premises shall become the property Landlord for their completeness, design, sufficiency, or compliance with all laws, rules and regulations of Landlord at the expiration governmental agencies or authorities. Upon completion of the Termany such work, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall payprovide Landlord with "as built" plans, copies of all construction contracts, and proof of payment for all labor and materials. (b) Tenant shall pay when due, due all claims for labor or materials furnished or alleged to have been and material furnished to or for Tenant for use in the Premises, which claims are or . Tenant shall give Landlord at least ten (10) days prior written notice of the commencement of any work on the Premises. Landlord may be secured by any mechanics’ or materialmen’s lien against elect to record and post notices of non-responsibility on the Premises or any interest thereinPremises.

Appears in 1 contract

Sources: Industrial Real Estate Lease (Spintek Gaming Technologies Inc \Ca\)

Alterations, Additions, and Improvements. Tenant Lessee shall not make or allow to be made any alterations, alterations or physical additions in or improvements which affect to the structure of Premises without first obtaining the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case without the prior written consent of LandlordLessor, which consent shall not be unreasonably withheld, conditioned withheld or delayed, except that Lessee 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 structural integrity of the Building or the mechanical systems thereof. Notwithstanding 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 Lessee shall indemnify, defend and hold Lessor harmless from all claims, demands, damages, causes of action or litigation, arising out of or resulting from such consent. Prior to performing any alterations or additions with the aboverequest for consent, Lessee must submit to Lessor detailed plans and specifications for the proposed alterations or physical additions. Any and all alterations, additions or improvements, other than that portion of the initial tenant improvements which are to be provided Tenant complies with all Legal Requirements in connection therewithby Lessor pursuant to the terms of Exhibit "B" hereto, Tenant shall have the right be made at all times to make all other Lessee's sole expense. All such alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterationsshall, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterationsupon completion, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at Lessor and shall be surrendered to Lessor upon the expiration termination of the Termthis Lease by lapse of time or otherwise; provided, except for signshowever this clause shall not apply to removable equipment, trade fixtures, furnishings, machinery or furniture owned by Lessee and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any can be removed without damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor Building or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims or if there will be damage, said damages are or may be secured repaired by Lessee at Lessee's expense and Lessor approves the repairs, provided there is no default by Lessee in any mechanics’ or materialmen’s lien against of the Premises or any interest thereinterms and conditions of the Lease.

Appears in 1 contract

Sources: Lease Agreement (Aronex Pharmaceuticals Inc)

Alterations, Additions, and Improvements. (a) Landlord acknowledges that Tenant shall not intends to make any substantial alterations, additions or and improvements which affect to the structure of Property. Prior to commencing any work on the Building or which decrease the square footage of the Building or which reduce the value of the PremisesProperty, in each case without the prior written consent of Tenant shall deliver proposed plans and specifications to Landlord, which consent shall be subject to Landlord's approval in the exercise of its reasonable discretion. If Landlord fails to approve or disapprove such plans and specifications within five (5) business days of receipt of them, Landlord shall be deemed to have approved them. All such alterations, additions and improvements shall be done in full compliance with all governmental rules and regulations and shall be performed by a licensed contractor. Throughout the term of the Lease, as such may be extended, Tenant may choose to construct or modify additions and/or alterations on the Property. Landlord acknowledges Tenant's improvements may require HVAC, plumbing, vent and/or exhaust penetrations through the roofing system, which penetrations shall be properly waterproofed by Tenant in such a manner as is reasonably acceptable to Landlord and as shall not invalidate Landlord's roofing bond, if any, and/or warranty. In the construction of its improvements, Tenant may use any fixtures or installations currently on the Property (the "Landlord's Fixtures") and, subject to Landlord's approval in the exercise of its reasonable discretion, may move them from their current location on the Property to other locations on the Property. To the extent any of the Landlord's Fixtures are not used or anticipated to be used during Tenant's alteration process, they shall be returned to Landlord at the Property. Tenant, at Tenant's sole cost and expense, shall be responsible for making any and all additions, alterations and improvements necessary to allow Tenant to lawfully use the Property for the permitted use specified in Paragraph 1.6 of the Lease (the "Tenant Improvements"). Construction of the Tenant Improvements by Tenant shall at all times be subject to the following conditions: (i) Prior to commencing any work, Tenant shall submit for Landlord's approval detailed plans and specifications for the Tenant Improvements to be made by Tenant, which approval shall not be unreasonably withheld. If Landlord fails to approve or disapprove such plans and specifications within five (5) business days of receipt of them, conditioned or delayed. Notwithstanding Landlord shall be deemed to have approved them. (ii) Landlord shall also have the aboveright to approve the contractors to be used by Tenant for Tenant Improvements, which approval shall not be unreasonably withheld. (iii) Tenant's work shall comply with the provisions of all applicable governmental codes and provided Tenant complies with all Legal Requirements in connection therewithregulations, and, prior to commencing any work, Tenant shall deliver to Landlord copies of all governmental permits and authorizations which may be required in connection with the use of the Property and construction of the Tenant Improvements. (iv) Tenant shall (and shall require that all contractors) comply with all applicable provisions of the Florida Mechanics' Lien Law, and the provisions of this Section 6.5. (v) Tenant's work shall be subject to Landlord's periodic review. (vi) Tenant's contractors must procure workmen's compensation insura▇▇▇ ▇overing all persons employed in connection with the work who might assert claims for death or bodily injury; and no work shall be commenced until Landlord shall have received copies of certificates of insurance confirming the right at existence of such insurance coverage. The amount of such insurance coverage shall be in accordance with statutory requirements and mandates. (vii) Prior to commencing any work, Tenant shall obtain, for the benefit of Landlord or any holder of a mortgage given by Landlord encumbering the Project, such additional liability, property damage and casualty insurance as Landlord or such other party may reasonably require because of the nature of the work to be done by Tenant. (b) Tenant shall pay when due all times to make all other alterations, additions or improvements claims ▇▇▇ ▇▇bor and material furnished to the Building without Landlord’s prior written approvalProperty. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements give Landlord at the end least twenty (20) days' prior written notice of the Termcommencement of any work on the Property, regardless of whether Landlord's consent to such work is required. All alterationsLandlord may elect ▇▇ ▇▇▇▇▇d and post notices of non-responsibility on the Property. In accordance with the applicable provisions of the Florida Mechanic's Lien Law and specifically Florida Statutes, additions and improvements permitted under this paragraph Section 713.10, no interest of Landlord in the Property, or consented the Project, or the leasehold interest aforesaid shall be subject to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or liens for improvements made by Tenant which are permanently attached or caused to and be made part by Tenant hereunder. Further, Tenant acknowledges that Tenant, with respect to improveme▇▇▇ ▇r alterations made by Tenant or caused to be made by Tenant hereunder, shall promptly notify the contractor making such improvements to the Property of this provision exculpating Landlord's liability for such liens. Notwithstanding the Premises shall become foregoing, if any mechanic's lien or other lien, attachment, judgment, execution, writ, charge or encumbrance is filed against the property Property or the Project or this leasehold, or any alterations, fixtures or improvements therein or thereto as a result of Landlord any work, action, or inaction done by or at the expiration direction of the TermTenant, except for signsTenant will discharge same of record within thirty (30) days aft▇▇ ▇▇▇ filing thereof, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant failing which Tenant will be in default under the Lease. In such event without waiving Tenant's default, Landlord, in addition to all other rights and remedies, without further notice, may removedischarge the same of record by payment, provided bonding or otherwise, as Landlord may elect, and upon request, Tenant repairs will reimburse Landlord for all costs and expenses so inc▇▇▇▇▇ by Landlord. It is understood and agreed between the parties hereto that the expenses, costs and charges referred to above shall be considered as Additional Rent due and shall be included in any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims lien for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinrent.

Appears in 1 contract

Sources: Industrial Real Estate Lease (Genetic Vectors Inc)

Alterations, Additions, and Improvements. Tenant shall will not make or allow to be made any alterations, additions additions, or improvements which affect in or to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Demised Premises without the prior written consent of Landlord, which Landlord before performance; such consent shall will not be unreasonably withheld, conditioned but Landlord may impose, as a condition of such consent, such requirements as Landlord in its sole discretion may deem reasonable or delayed. Notwithstanding desirable, including, without limiting the abovegenerality of the foregoing, requirements as to the manner in which, the time or times at which, and provided the contractor by whom such work shall be done. Tenant complies 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 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. If, however, prior to termination of this Lease, or 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 Legal Requirements times be a complete unit except during the period of work. Any such alterations, additions and improvements shall be performed and done strictly in connection therewithaccordance 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 right at all times work performed in such a manner so as not to make all other alterations, additions or improvements obstruct the access to the Building without 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 expected 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 prior written approval'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 be required promptly pay to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall payLandlord's contractors, when due, the cost of all claims such alterations. Tenant shall also pay to Landlord a fifteen percent (15%) administrative fee to reimburse Landlord for labor all overhead, general conditions, fees and other costs and expenses arising from the involvement of Landlord or materials furnished landlord's agent with the alterations. Said percentage shall be payable within thirty (30) days after completion of the alterations. LEGAL USE AND VIOLATIONS OF INSURANCE COVERAGE 5. Tenant will not occupy or alleged use, nor permit any portion of the Demised Premises to have been furnished 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, or for Tenant for use extra hazardous on account of fire, 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 Premisesevent that, which claims are by reason of acts of Tenant, there shall be any increase in rate of insurance on the Building or may be secured contents created by any mechanics’ Tenant's acts or materialmen’s lien against 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 interest therein.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 restraint on trade but to protect and insure the correct tenant mix. LAWS AND REGULATIONS

Appears in 1 contract

Sources: Office Building Lease (Credit Management Solutions Inc)

Alterations, Additions, and Improvements. Tenant shall not create any openings in the roof or exterior walls, or make any alterations, additions or improvements which affect to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case demised premises without the prior written consent of Landlord. Consent for non-structural alterations, which consent additions or improvements shall not be unreasonably withheldwithheld by Landlord. Tenant shall have the right to erect or install shelves, conditioned bins, machinery, air-conditioning or delayed. Notwithstanding the aboveheating equipment and trade fixtures, and provided that Tenant complies with all Legal Requirements in connection therewithapplicable 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 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 good and workmanlike manner any damage caused by installation or removal thereof. Tenant shall pay for all times to make all other costs incurred or arising out of alterations, additions or improvements in or to the Building without demised premises and shall not permit a mechanic's or materialman's lien to be asserted against the demised premises. Upon request by Landlord’s prior written approval. , Tenant shall not be required deliver to restore Landlord proof of payment reasonably satisfactory to Landlord of all costs incurred or arising out of any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All such alterations, additions or improvements, and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”lien waivers. All alterations, additions or improvements made by Tenant which are permanently attached in or to and made part of the Premises demised premises shall become the property of Landlord at the expiration or termination of this lease, however, Landlord may direct the Termremoval of alterations, except for signsadditions or improvements by giving written notice to Tenant prior to the expiration or termination of this lease. At the direction of Landlord, trade fixturesTenant shall promptly remove all alterations, furnishings, machinery additions and equipment used improvements and any other property placed in or on the Premises and furnished demised premises by Tenant which and Tenant may remove, provided Tenant repairs shall repair in a good and workmanlike manner any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinsuch removal.

Appears in 1 contract

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

Alterations, Additions, and Improvements. (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 additions, or improvements which affect to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Property without the Landlord’s prior written consent consent, except for non-structural alterations which do not exceed 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 Property is part. Landlord may require Tenant to provide demolition and/or lien and completion bonds in form and amount satisfactory to Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have promptly remove any alterations, additions, or improvements constructed in violation of this Paragraph 6.05(a) upon Landlord’s written request. Further, unless the right Landlord agrees not to requires removal at the time Landlord grants consent, Landlord may require that all times to make all other alterations, additions or improvements be removed by Tenant and the Property restored to their condition prior to such alteration, addition or improvement, at no cost to Landlord, upon the Building without 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’s prior written approval. NOTE: All initial Tenant Improvements as identified on the attached Exhibit C, shall not be required to restore any alterations remain in the Property upon the expiration or additions permitted under termination of this paragraph to the Premises or remove improvements at the end of the TermLease. All alterations, additions additions, and improvements permitted under this paragraph or consented to shall be done in writing a good and workmanlike manner, in conformity with all-applicable laws and regulations, and by Landlord are referred to as “Permitted Alterations”a contractor approved by Landlord. All alterationsUpon completion of any such work, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall payprovide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. (b) Tenant shall pay when due, due all claims for labor or materials furnished or alleged to have been and material furnished to or for the Property. Tenant for use in shall give Landlord at least twenty (20) days’ prior written notice of the Premisescommencement of any work on the Property, which claims are or regardless of whether Landlord’s consent to such work is required. Landlord may be secured by any mechanics’ or materialmen’s lien against elect to record and post notices of non-responsibility on the Premises or any interest thereinProperty.

Appears in 1 contract

Sources: Industrial Real Estate Lease (SeaSpine Holdings Corp)

Alterations, Additions, and Improvements. Tenant shall not make any alterations, additions or (a) In addition to the improvements which affect presently on the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Demised Premises, in each case without the prior Tenant may, at Tenant’s option, subject to Landlord’s written consent of Landlordpermission, which consent shall not be unreasonably withheld, conditioned at any time during the Term, alter or delayedimprove the Demised Premises. Notwithstanding Such alterations or improvements shall be at the above, sole cost and provided Tenant complies with all Legal Requirements in connection therewith, expense of Tenant. Tenant shall have the right right, subject to the written approval of Landlord and any and all governmental bodies, to erect and maintain, at its own expense, electric and ordinary signs (both flat and extension) on the buildings and elsewhere on the Demised Premises and to equip, fixture, stock and maintain and alter the arrangements of fixtures, equipment, stock and displays in the interior of the Demised Premises provided that Tenant shall at all times to make comply with all other alterations, additions or improvements to the Building without Landlord’s prior written approvallaws and regulations applicable thereto. Tenant shall not do or suffer anything to be required to restore any alterations or additions permitted under this paragraph to done whereby the Demised Premises or remove improvements at any part thereof may be encumbered by any materialmen’s, mechanics’, contractors’ or other liens, and shall, whenever and as any such lien is filed against the end of the Term. All alterations, additions and improvements permitted under this paragraph Demised Premises or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made any part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims thereof for labor or materials furnished or alleged to have been be furnished to Tenant, discharge the same of record within thirty (30) days after the date of filing. (b) If Tenant fails to discharge any such mechanics lien within such period, then, in addition to any other right or for Tenant for use remedy of Landlord, Landlord may, but shall not be obligated to, discharge the same either by payment of the amount claimed or by procuring discharge of such lien by deposit in the Premises, which claims are court or giving of security or in such other manner as may be secured prescribed by any mechanics’ or materialmen’s lien against the Premises or any interest thereinlaw.

Appears in 1 contract

Sources: Lease Agreement (Servotronics Inc /De/)

Alterations, Additions, and Improvements. Tenant shall not make any (a) Except as otherwise expressly provided herein, no changes, alterations, erections, additions or improvements which affect shall be made to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Leased Premises without the prior written consent of Landlordthe Lessor, which consent shall may not be unreasonably withheld. All of such changes, conditioned alterations, erections, additions or delayed. Notwithstanding improvements shall be made solely at the aboveexpense of the Lessee, and provided Tenant complies with all Legal Requirements the Lessee agrees to protect, indemnify and save harmless the Lessor on account of any injury to third persons or property by reason of any such changes, alterations, erections, additions or improvements, and to protect, indemnify and save harmless the Lessor from the payment of any claims of any kind or character on account of bills for labour or material in connection therewith. Any changes, Tenant alterations, additions or improvements placed upon the Leased Premises by either party during the term hereof shall have be the right at all times sole property of the Lessor, except as provided in Clause 10 herein. (b) In the event the Lessor should give its consent pursuant to Clause 10(a) herein, the Lessee shall not erect any structure upon the Leased Premises or make all other any changes, alterations, erections, additions or improvements to the Building which might affect the structural integrity or soundness of the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph first submitting to the Premises Lessor drawings and specifications therefor prepared by qualified architects or remove improvements at engineers, and conforming to good engineering or architectural practice. The Lessor shall have the end of the Term. All alterationsright, additions from time to time, to enter and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All inspect all such changes, alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinimprovements.

Appears in 1 contract

Sources: Lease Agreement (Rotoblock CORP)

Alterations, Additions, and Improvements. Tenant shall not create any openings in the roof or exterior walls, or make any alterations, additions or improvements which affect to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Demised Premises without the prior written consent of Landlord, which consent shall will not be unreasonably withheld, conditioned withheld or delayed. Notwithstanding the above, and provided Tenant complies delayed with all Legal Requirements in connection therewith, Tenant shall have the right at all times respect to make all other non-structural alterations, additions or improvements and, provided that roof exhausts are installed in a manner that does not adversely affect Landlord’s roof warranty, consent is hereby given with respect to the Building without roof exhausts to be created in connection with the initial improvements (collectively, the “Tenant Improvements”) to be made by or on behalf of Tenant to the Demised Premises. If Landlord does not consent or affirmatively withhold its consent to any proposed alteration, addition or improvement to the Demised Premises (each an “Alteration” and collectively “Alterations”), or the plans and/or specifications with respect thereto, in writing within fifteen (15) days after Landlord’s prior receipt of a written approval. request therefor together with, as applicable, plans and specifications related thereto, and such failure continues for five (5) business days after Landlord’s receipt of written notice thereof (such written request and such subsequent notice shall each note on the first page thereof, in bold and capitalized letters, that the failure of Landlord to provide written notice to Tenant shall not be required of Landlord’s decision to restore any alterations give or additions permitted under this paragraph withhold its consent to the Premises or remove improvements at proposed Alterations will constitute a deemed written consent by Landlord to the end of proposed Alterations and the Term. All alterationsplans and specifications, additions if any, with respect thereto), such Alterations, and improvements permitted under this paragraph or the plans and specifications, if any, with respect thereto, shall be deemed to have been consented to in writing by Landlord. Notwithstanding anything to the contrary set forth in this Lease, Landlord are referred shall have no right to condition its consent to any Alterations (including, without limitation, the Initial Alterations) to (i) the requirement that such Alterations be completed/performed under the direct supervision of Landlord or Landlord’s agent or representative and/or that the cost of supervision of any Alterations be paid for by Tenant, (ii) a requirement that Tenant pay to Landlord any construction management fee or other similar type of compensation in connection therewith unless Tenant has requested and Landlord has agreed to directly supervise and/or manage the construction of the applicable Alterations, (iii) a requirement that such Alterations be performed at a time or times specified by Landlord except as “Permitted Alterations”otherwise permitted above in this subsection, or (iv) a requirement that Tenant remove such Alterations upon the expiration or earlier termination of this Lease except to the extent Landlord is permitted to do so pursuant to Section 7.05 below. All If Landlord elects not to consent to any proposed Alterations and/or any plans and specifications submitted to Landlord with respect thereto, Landlord will identify in its written notice of such election the reasons for the same. 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; provided, however, Landlord agrees that Tenant’s contractor and its subcontractors can construct the initial Tenant Improvements without complying with permitting requirements of the City of Addison, Texas. At the expiration or termination of this Lease, Tenant shall, subject to the restrictions of Section 7.05 below, have the right to remove items installed by Tenant, provided Tenant is not in default at the time of the removal and provided further that Tenant shall, at the time of removal of the items, repair 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 made by Tenant which are permanently attached in or to the Demised Premises and made part shall not permit any mechanic’s or material man’s lien to be filed against the Demised Premises or the Property in connection with any of the Premises shall become the property foregoing performed by or on behalf of Landlord at the expiration Tenant excluding, however, any of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in foregoing performed by or on behalf of the Premises and furnished Landlord. Upon request by Tenant which Tenant may removeLandlord, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall paydeliver to Landlord proof of payment reasonably satisfactory to Landlord of all costs incurred or arising out of any alterations, when due, all claims for labor additions or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinimprovements.

Appears in 1 contract

Sources: Commercial Lease Agreement (Oryon Technologies, Inc.)

Alterations, Additions, and Improvements. 9.1 Following the completion of the initial improvements of the Premises in accordance with the provisions of Section 3 hereof, Tenant shall not make make, or allow to be made, any alterations, additions or improvements which affect to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other . (a) Any approved alterations, additions or improvements to the Building without Landlord’s prior written approval. Premises shall be surrendered by Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end as part of the Term. All Premises, without disturbance or injury, upon the expiration or earlier termination of this Lease, unless Landlord designates in writing that such alterations, additions or improvements shall be removed. If requested by Landlord, upon expiration or earlier termination of this Lease, Tenant shall, at its sole cost and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All expense, remove any such alterations, additions or improvements made by Tenant which are permanently attached to and made part of designated by Landlord for removal, and restore the Premises shall become to their original condition, normal wear and tear excepted. (b) In the property event of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in any injury or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposesresulting from the removal by Tenant of any alterations, Tenant’s signsadditions or improvements, trade fixtures or fixtures, equipment and furnishings are defined herein as equipment. pursuant hereto, Tenant shall paypromptly repair the same, when dueat its sole cost and expense, all claims in a good and workmanlike manner, or at Landlord's election, shall pay to landlord an amount sufficient for labor Landlord to repair same or to compensate Landlord for such injury or damage to the Premises. 9.3 Tenant shall keep the Premises and the Building free from any liens arising from work performed, materials furnished or obligations incurred by Tenant and shall indemnify, hold harmless and defend Landlord from any liens and encumbrances arising from any work performed or materials furnished by or alleged to have been furnished to or for Tenant for use in at the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereindirection of Tenant.

Appears in 1 contract

Sources: Office Lease (Atlantic Central Enterprises LTD)

Alterations, Additions, and Improvements. A. Tenant shall not make any alterations, additions additions, or improvements which to the Leased Premises, Building or Property without Landlord’s prior written consent. Landlord shall provide Tenant with notice approving or reasonably disapproving any such alterations, additions, or improvements within five (5) business days after Landlord’s receipt of 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 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 structure structural components of the Building or which decrease the square footage electrical, plumbing or heating, air-conditioning or ventilating systems of the Building Leased Premises and/or the Building. Landlord may require Tenant to provide demolition and/or payment and performance bonds in form and amount reasonably satisfactory to Landlord for any alterations, additions or which reduce the value of the Premisesimprovements that Landlord approves. All alterations, addition and improvements will be accomplished in a good and workmanlike manner at Tenant’s sole expense, in each case without the prior written consent of conformity with all applicable laws and regulations by a licensed and bonded contractor approved in advance by Landlord, which consent approval shall not be unreasonably withheld. Upon completion of any such work, conditioned Tenant shall provide Landlord with “as built” plans (to the extent in Tenant’s possession or delayedunder Tenant’s control), copies of all construction contracts, proof of payment for all 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. B. NOTICE IS HEREBY GIVEN THAT LANDLORD SHALL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE LEASED PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE LEASED PREMISES AND ALL CONTRACTORS, SUBCONTRACTORS, MATERIALMEN, MECHANICS, LABORERS AND OTHERS CONTRACTING WITH TENANT, AND/OR ANY SUBTENANT OF TENANT AND/OR ANY OTHER OCCUPANT(S) OF THE LEASED PREMISES, FOR THE CONSTRUCTION, INSTALLATION, ALTERATION OR REPAIR OF ANY IMPROVEMENTS TO THE LEASED PREMISES ARE HEREBY CHARGED WITH NOTICE THAT THEY MUST LOOK ONLY TO TENANT AND TO TENANT’S INTEREST IN THE LEASED PREMISES TO SECURE THE PAYMENT OF ANY CHARGES FOR WORK DONE AND/OR MATERIALS FURNISHED AT THE LEASED PREMISES. Nothing contained in this Lease shall be construed as a consent on the part of Landlord to subject the estate of Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to such liability. Tenant shall pay when due all claims for labor and materials furnished to the Leased Premises, Building or Property. Tenant shall give Landlord at least ten (10) days’ prior written notice of the commencement of any work on the Leased Premises, Building or Property. Landlord and Tenant agree that Tenant will not have authority to create or suffer any lien for labor or materials on Landlord’s interest in the Leased Premises, the Building or the Property. Notwithstanding the aboveforegoing, and provided if for any reason whatsoever, any mechanic’s or other lien shall be filed against the Leased Premises or any other part of the Building or the Property, purporting to be for labor or material furnished or to be furnished at the request of Tenant complies with all Legal Requirements in connection therewithor anyone claiming by, through or under Tenant, then Tenant shall, at its expense, cause such lien to be discharged of record by payment, bond or otherwise as allowed by law, within twenty (20) days after actual knowledge of the filing thereof. If Tenant shall fail to cause the lien to be discharged of record within such twenty (20) day period, Tenant shall be in default under this Lease and (without waiving such Default) Landlord, in addition to any other rights and remedies it may have under this Lease may, but shall not be obligated to, cause such lien to be discharged by payment, bond or otherwise, without investigation as to the right validity thereof or as to any offsets or defenses thereto, and Tenant shall, within twenty (20) days after request, reimburse Landlord for all amounts paid and incurred, including reasonable attorneys’ fees and interest thereon at the rate of 12% per annum (but in no event greater than the maximum non-usurious rate permitted under Florida law) from the respective dates of Landlord’s payments. Landlord may elect to record and post notices of non-responsibility on the Leased Premises, the Building or Property, with respect to any such liens. C. Tenant shall at its sole cost and expense perform and Substantially Complete, in accordance with the Tenant Work Letter attached hereto as Exhibit F, at least the scope of work listed in Exhibit F-1 attached hereto within the Leased Premises (the “Tenant’s Work”). As an inducement for Landlord to enter into this Lease, Tenant agrees to spend at least $2,000,000.00 in the performance of Tenant’s Work. Tenant’s Work shall be completed at Tenant’s sole cost and expense in a good workmanlike manner and in compliance with all times to make all other applicable laws. Tenant acknowledges and agrees that it will cooperate with Landlord in connection with any alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made performed by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term(including, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposesbut not limited to, Tenant’s signs, trade fixtures and furnishings are defined herein Work) so as equipmentto not unreasonably disturb or interfere with the occupancy of any other tenant or occupant of the Building or the Property or the performance of Landlord’s Work. Tenant shall payand Landlord agree to cooperate with each other in connection with Tenant’s Work and Landlord’s Work, when duerespectively, all claims for labor so as to not unreasonably disturb or materials furnished or alleged to have been furnished to or for Tenant for use interfere with the other in the Premisesperformance of such work; provided, which claims are or may be secured by any mechanics’ or materialmenhowever, Tenant hereby acknowledges and agrees that in the event both Landlord and Tenant need access to the same space the completion of Landlord’s lien against Work takes precedence over the Premises or any interest thereincompletion of Tenant’s Work.

Appears in 1 contract

Sources: Warehouse Space Lease Agreement (Body Central Corp)

Alterations, Additions, and Improvements. Tenant shall not may, in its sole discretion and without the prior consent of Landlord, make any alterations, additions or improvements which affect the structure of the Building (collectively, “Alterations”) in or which decrease the square footage of the Building or which reduce the value of to the Premises. All such Alterations shall be 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 each case this Lease, Landlord will not make any Alterations in or to the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned Tenant. All Alterations and systems installed in or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements attached to the Building Premises by Tenant (including, by way of illustration and not by limitation, all partitions, paneling, carpeting, window coverings and light fixtures, but excluding all improvements, fixtures, equipment and other personal property relating to Gaia Sphere, including without Landlord’s prior written approvallimitation all studio equipment, camera equipment, lighting, sound systems, sound boards, Whisper Wall panels, wiring and cables (the “Gaia Sphere Property”)) shall, upon 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 Term. For the avoidance of doubt, Tenant shall not be required to remove such Alterations and systems or restore any alterations or additions permitted under this paragraph to the Premises or to their original condition, but Tenant may, at its option, remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipmentGaia Sphere Property. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against keep the Premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by Tenant. Tenant’s obligations regarding liens shall be satisfied if during any interest thereinperiod that a lien is disputed Tenant provides a bond (or other similar security) in a manner sufficient to release the lien from title to the Property in an amount equal to one and one-half times the amount of the claim, together with costs and interest.

Appears in 1 contract

Sources: Master Lease Agreement (Gaia, Inc)

Alterations, Additions, and Improvements. A. Tenant shall not make or permit any alterations, additions or improvements which affect the structure of the Building in, on or which decrease the square footage of the Building or which reduce the value of about the Premises, except for non-structural alterations not exceeding Ten Thousand Dollars ($10,000.00) in each case cost, without the prior written consent of Landlord, Landlord which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements shall be installed at Tenant's sole expense in compliance with all applicable laws and by a licensed contractor approved in writing by Landlord. Any such alterations, additions or improvements including but not limited to heating, lighting, electrical, air conditioning, partitioning, drapery and carpentry installations made by Tenant which are permanently attached to and made become an integral part of the Premises or are affixed to the Premises so that it cannot be removed without material damage to the Premises shall be and become the property of Landlord at the expiration of the Term, except for signs, upon installation and shall not be deemed trade fixtures; provided, furnishingshowever, machinery and equipment used in that Landlord may as a condition of its giving consent require that Tenant, at Tenant's sole expense agree to remove nay or on the Premises and furnished all alterations, additions or improvements installed by Tenant which Tenant may remove, provided Tenant repairs and repair any damage to the Premises caused thereby (reasonable by such removal and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. prior to the termination of the Lease. B. Tenant shall paygive Landlord at least (20) twenty days' prior written notice of the date of commencement of any construction of alterations, when dueadditions or improvements in, all claims for labor on or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against about the Premises and Landlord shall have the right at any time to post notice of non-responsibility or any interest thereinsimilar notices on the Premises in connection therewith. C. Tenant shall submit drawings and specifications to Landlord for Landlord's approval, and no work shall be commenced until Landlord has approved such drawings and specifications and the contracts, contractors, performance and payment bonds and the sureties thereon; provided however, that an such approvals by Landlord shall not be unreasonably denied or delayed and no performance or payment bonds shall be required on projects costing less than One Hundred Thousand Dollars ($100,000.00).

Appears in 1 contract

Sources: Lease Agreement (Durect Corp)

Alterations, Additions, and Improvements. Tenant shall not make any No alterations, additions additions, or improvements which affect (“Alterations”) shall be made to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Premises by Lessee without the prior written consent of LandlordLessor which Lessor will not unreasonably withhold, which [***]. As a condition to Lessor’s obligation to consider any request for consent hereunder, Lessee shall not be unreasonably withheldpay Lessor upon demand for the reasonable costs and expenses of third-party consultants, conditioned 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 delayed. Notwithstanding termination of the above, Lease Term and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations the Premises to their prior condition by written notice given on or additions permitted under this paragraph before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination 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 or remove 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 at the end sole cost and expense of the TermLessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. All alterationsAny Alteration except furniture and trade fixtures, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord Lessor at the expiration expiration, or sooner termination of the TermLease, except for signsunless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures, furnishings, machinery and equipment used in or fixtures placed on the Premises and furnished by Tenant Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which Tenant may remove, provided Tenant repairs any damage do not extend to the Premises caused thereby (reasonable ceiling or connect to Building walls), drapery and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, carpeting installations made by Lessee together with all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in property that has become an integral part of the Premises, which claims are shall be and become the property of Lessor upon the expiration, or may sooner termination of the Lease, and shall not be secured by deemed trade fixtures. Within thirty (30) days after completion of any mechanics’ or materialmen’s lien against the Premises or any interest thereinAlteration, Lessee, Lessee shall provide Lessor with a complete set of “as built” plans for same.

Appears in 1 contract

Sources: Sublease (Supportsoft Inc)

Alterations, Additions, and Improvements. (a) Tenant shall not make any alterations, additions, or improvements to the Premises without Landlord's prior written consent, except for alterations, additions or improvements which affect are not structural and do not exceed Two Hundred Fifty Thousand Dollars ($250,000) in cost for any project. Landlord shall not unreasonably withhold such consent and may not withhold consent to any alteration, addition or improvement which is necessary or appropriate to allow Tenant to conduct its business on the structure of the Building Premises so long as such addition or which improvement will not materially decrease the square footage of the Building or which reduce the value of the Premises. Landlord may require Tenant to provide demolition and/or lien and completion bonds in form and amount satisfactory to Landlord for any project which will cost more than $250,000. Tenant shall promptly remove any alterations, additions, or improvements constructed in violation of this Paragraph 6.05 (a) upon Landlord's written request. All alterations, additions, and improvements shall be done in a good and workmanlike manner, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the aboveconformity with all applicable laws and regulations, and provided by a contractor approved by Landlord. Upon completion of any such work, Tenant complies shall provide Landlord with "as built" plans, copies of all Legal Requirements in connection therewithconstruction contracts, and proof of payment for all labor and materials. (b) Tenant shall pay when due all claims for labor and material furnished to the Premises. Tenant shall have the right at all times to make all contest any such claims, provided that no liens are filed against the Premises on account thereof or that Tenant furnishes (i) bonds insuring Landlord, its lenders and the Premises against any adverse effects of such claims, which bonds shall be from companies and in form and content reasonably acceptable to Landlord, or (ii) other alterations, additions or improvements security reasonably satisfactory to the Building without Landlord’s prior written approvalLandlord to protect Landlord against any loss therefrom. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements give Landlord at the end least twenty (20) days' prior written notice of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part commencement of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or any work on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or regardless of whether Landlord's consent to such work is required. Landlord may be secured by any mechanics’ or materialmen’s lien against elect to record and post notices of non-responsibility on the Premises or any interest thereinPremises.

Appears in 1 contract

Sources: Industrial Lease Agreement (Bucyrus International Inc)

Alterations, Additions, and Improvements. Tenant shall not permit, make or allow to be made any construction, alterations, physical additions or improvements in or to the Premises or placement of any signs in the Premises which affect are visible from outside the structure of the Building or which decrease the square footage of the Building or which reduce the value of the PremisesPremises (collectively, in each case “Tenant Work”), without obtaining the prior written consent of Landlord which may be withheld in Landlord, which consent shall not be unreasonably withheld, conditioned or delayed’s sole discretion. Notwithstanding the aboveforegoing, 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 provided Tenant complies (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 Legal Requirements in connection therewithcontractors, Tenant subcontractors, vendors, architects and engineers (collectively, “Outside Contractors”) shall have the right at all times be subject to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval, not to be unreasonably withheld. 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 not be required pay Landlord a construction oversight fee in an amount equal to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end five percent (5%) of the Term. All alterations, additions cost and improvements permitted under this paragraph or consented to in writing expense of any Tenant Work whether undertaken by Landlord or Tenant; provided, however, that such fee shall not apply to construction of any Initial Improvements. 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 not to exceed $2,500.00. 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 referred to as “Permitted Alterations”. All alterationscomplete or suitable for their intended purpose, additions or improvements made (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 reasonable 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 are permanently attached to may arise out of such work, plans and made part of the Premises specifications, and permits for such Tenant Work. Any and all Tenant Work shall become the property of Landlord at upon completion and shall be surrendered to Landlord upon the termination or expiration of the Termthis Lease for any reason, except for signs, trade fixtures, furnishings, machinery and equipment used in unless Landlord shall require removal or on the Premises and furnished restoration by Tenant which Tenant may remove, provided Tenant repairs any damage or if removal or restoration was required by Landlord upon submission of the plans to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Landlord for approval of such Tenant’s signs, trade fixtures and furnishings are defined herein as equipmentWork. Tenant shall pay, when due, all claims for labor or materials furnished or alleged not allow any liens to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien filed against the Premises or the Project in connection with any interest thereinTenant Work. If any liens are filed, Tenant shall cause the same to be released within thirty (30) days after Tenant's receipt of written notice of the filing of such lien by bonding or other method acceptable to Landlord. All Outside Contractors shall maintain insurance in amounts and types required by, and in compliance with, Section 20. ▇▇▇▇▇ 25 (or its equivalent) certificates of insurance 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.

Appears in 1 contract

Sources: Lease Agreement (UBL Interactive,Inc.)

Alterations, Additions, and Improvements. 10.1 Tenant shall not create any openings in the roof or exterior walls, or make any alterations, additions additions, or improvements which affect to the structure Premises or install any structures or equipment on the roof of the Building or which decrease the square footage any portion of the Building or which reduce the value of the Premises, in each case Common Area without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned . Tenant expressly agrees to indemnify Landlord for any and all damages resulting from or delayedcaused by Tenant penetrating the roof or exterior walls of the Premises. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at to erect or install shelves, bins and machinery, provided that Tenant complies with all times to make all other alterationsapplicable governmental laws, additions or improvements to the Building without Landlord’s prior written approvalordinances, and regulations. Tenant shall have the right to remove at the termination of this Lease, such items so installed by Tenant, provided Tenant is not be required to restore any alterations or additions permitted under this paragraph then in default; however, Tenant shall, prior to the Premises or remove improvements at termination of this Lease, repair any damage caused by such removal and, if requested by Landlord, offer Landlord (prior to such removal) sufficient security to insure Landlord that the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”proper repairs will be made. All alterations, additions or improvements made by Tenant which are permanently attached (including, without limitation, HVAC Systems, offices and improvements in and pertaining to and made part of such offices, partitions, floor coverings, etc.), together with such other property as Tenant leaves in or on the Premises at the termination of this Lease, shall become the property of Landlord at the expiration termination of the Termthis Lease; however, except for signsTenant shall promptly remove, trade fixturesif Landlord so elects, furnishingsany or all alterations, machinery additions, and equipment used improvements specified by Landlord, and any other property placed in or on the Premises by Tenant, and furnished by Tenant which Tenant may remove, provided Tenant repairs shall repair any damage caused by such removal. The provisions of this paragraph shall survive the expiration or earlier termination of this Lease. 10.3 Landlord retains the exclusive right to make additions, changes or improvements, whether structural or otherwise, in and about the Premises caused thereby (reasonable Building, or any part thereof, and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged such purposes to have been furnished to or for Tenant for use in enter upon the Premises, which claims are and, during the continuance of any of said work, to temporarily close doors, entryways, public space and corridors in the Building, to interrupt or may be secured by temporarily suspend Building services and facilities, and to change the arrangement and location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets, or other public parts of the Building, all without abatement of rent or affecting any mechanics’ or materialmen’s lien against of Tenant's obligations hereunder, so long as the Premises are reasonably accessible. Notwithstanding anything contained herein to the contrary, Landlord agrees to install, at Landlord's sole cost and expense and in a manner determined at Landlord's sole discretion, one hundred eleven (111) covered parking spaces in such location as depicted in the attached "EXHIBIT "I", sixty-two (62) such spaces to be installed on or any interest thereinbefore the Area One Commencement Date and the remaining forty-nine (49) to be installed on or before the Area Two Commencement Date.

Appears in 1 contract

Sources: Lease Agreement (Advancepcs)

Alterations, Additions, and Improvements. Tenant shall not make any (a) Except as otherwise expressly provided herein, no changes, alterations, erections, additions or improvements which affect shall be made to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case leased premises without the prior written consent of Landlordthe Lessor, or Lessor's agent, which consent shall may not be unreasonably withheld. All of such changes, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements made solely at the end expense of the Term. All Lessee, and the Lessee agrees to protect, indemnify and save harmless the Lessor on account of any injury to third persons or property by reason of any such changes, alterations, erections, additions or improvements, and improvements permitted under this paragraph to protect, indemnify and save harmless the Lessor from the payment of any claims of any kind or consented to character on account of bills for labour or material in writing by Landlord are referred to as “Permitted Alterations”connection therewith. All Any changes, alterations, additions or improvements made placed upon the Leased Premises by Tenant which are permanently attached to and made part the Lessee during the term hereof, with the consent of the Premises Lessor, shall become be the sole property of Landlord at the expiration Lessor, except as provided in Clause 12 herein. (b) In the event that the Lessor should give its consent pursuant to Clause 1l(a) herein, the Lessee shall not erect any structure upon the Leased Premises or make any changes, alterations, erections, additions or improvements which might affect the structural integrity or the soundness of the TermLeased Premises without first submitting to the Lessor drawings and specifications therefore prepared by qualified architects or engineers and conforming to good architectural or engineering practice. The Lessor shall have the right, except for signsfrom time to time, trade fixturesto enter and to inspect all such changes, furnishingsalterations or improvements. The Lessee shall post the premises with a notice in the form attached as Schedule "C" to protect the Lessor against liens. (c) In every instance of changes, machinery alterations, erections, additions or improvements the Lessee must secure all necessary Building Permits and equipment used in or Approvals from the City of Vancouver. All such Building Permits must be secured before any work commences on the Premises and furnished by Tenant which Tenant may removesaid changes, provided Tenant repairs any damage alterations, erections, additions or improvements. This clause extends to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposesinclude a Certificate of Occupancy, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinapplicable.

Appears in 1 contract

Sources: Lease Agreement (Datawave Systems Inc)

Alterations, Additions, and Improvements. (a) Tenant shall not make any alterations, additions or improvements which affect to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Premises without the Landlord’s prior written consent, such consent of Landlord, which consent shall 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. Notwithstanding the aboveLandlord 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 Section 6.05(a) upon Landlord’s written request. All alterations, additions, and provided Tenant complies 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 Legal Requirements 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 Tenant, whether or not made pursuant to Landlord’s prior written consent as required herein, and Tenant hereby indemnifies Landlord against any such liability, obligation, cost or expense arising therefrom. (b) Tenant shall pay when due all claims for labor and material furnished to the Premises. Tenant shall give Landlord at least twenty (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 elect to record and post notices of non-responsibility on the Premises. Tenant shall keep the Premises, the Building and the Project free and clear of any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. If any such lien is filed against the Premises, the Building or the Project, Tenant shall, within ten (10) days thereafter, cause the lien to be fully discharged by either paying the obligation secured thereby or obtaining and recording a payment bond in accordance with the provisions of Section 33-1004, Arizona Revised Statutes. Tenant shall indemnify and hold Landlord harmless from any claims for lien waivers. Tenant is not authorized to act for on behalf of Landlord as its agent, or otherwise, for the purpose of constructing any improvements to the Premises, and neither Landlord nor Landlord's interest in the Premises shall be subject to any obligations incurred by Tenant. Landlord shall be entitled to post on the Premises during the course of any construction by Tenant such notices of non-responsibility as Landlord deems appropriate for the protection of Landlord and its interest in the Premises. If Tenant fails to fully discharge any such lien within a 10-day period, Landlord may (but shall not be so obligated) pay the claim secured by such lien, and the amount so paid, together with any costs and reasonable attorneys' fees incurred in connection therewith, shall be immediately due and owing from Tenant to Landlord, and Tenant shall have pay the right same to Landlord with interest at the rate provided in Section 4.01(c) from the dates of Landlord's payments. Should any claims of lien be filed against the Premises or any action affecting the title to such property be commenced, the party receiving notice of such lien or action shall forthwith give the other party written notice thereof. (c) Unless Landlord requires the removal thereof upon the termination of this Lease, all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to (except movable furniture, equipment and made trade fixtures) shall become a part of the Premises shall become and the property of Landlord at the expiration of the Termimmediately upon installation thereof. Any alteration, except for signsaddition or improvement which Tenant is required or permitted to remove hereunder, together with any movable furniture, equipment and trade fixtures, furnishingsshall be removed at Tenant's expense upon the termination of this Lease, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs shall promptly repair any damage to the Premises caused thereby by such removal. In no event, however, shall Tenant remove any of the following materials or equipment (reasonable and ordinary wear and tear excepted). For federal income tax purposeswhich shall be deemed Landlord’s property) without Landlord’s prior written consent: any power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes, Tenant’s signsblinds or other window coverings; carpets or other floor coverings; heaters, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises air conditioners or any interest thereinother heating or air conditioning equipment; fencing or security gates; or other similar building operating equipment and decorations.

Appears in 1 contract

Sources: Office Lease (Insys Therapeutics, Inc.)

Alterations, Additions, and Improvements. (a) Provided that ▇▇▇▇▇▇’s use of the Property is consistent with the Permitted Use and in compliance the other terms of this Lease, Tenant shall not may make any alterations, additions additions, or improvements which affect to the structure of Property and the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case initial Improvements (“Tenant’s Alterations”) without the ▇▇▇▇▇▇▇▇’s prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayedconsent. Notwithstanding the above, Tenant and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord acknowledge and agree that Landlord’s prior written approvallimited consent and approval of the initial Improvements shall be governed by Article Fourteen below and the attached Tenant Work Letter. Tenant shall not be required to restore promptly remove any alterations or additions permitted under Tenant’s Alterations constructed in violation of this paragraph to the Premises or remove improvements at the end of the TermSection 6.05(a) upon ▇▇▇▇▇▇▇▇’s written request. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signsAlterations shall be performed in a good and workmanlike manner, trade fixtures and furnishings are defined herein as equipment. in conformity with all Applicable Laws. (b) Tenant shall pay, pay when due, due all claims for labor or materials furnished or alleged to have been and material furnished to or for the Property. Tenant shall give Landlord at least twenty (20) days’ prior written notice of the commencement of any work on the Property, regardless of whether Landlord’s consent to such work is required. Notwithstanding any language to the contrary in this Section 6.05, with respect to any Tenant’s Alterations, regardless of whether Landlord’s consent to such work is required under the terms of this Lease, Tenant acknowledges that it is required by Nevada law to record a notice of posted security in compliance with the requirements of Nev. Rev. Stat. Chapter 108 (2017) (the “Posted Security Requirements”). Concurrently with ▇▇▇▇▇▇▇▇’s delivery of this Lease to Tenant for use in execution, Landlord may elect to provide Tenant with a separate written notice of the PremisesPosted Security Requirements, which claims are or may be secured by any mechanics’ or materialmen’s lien against shall include an acknowledgement of Tenant (the Premises or any interest therein.“Notice and Acknowledgement”). If so provided, ▇▇▇▇▇▇ agrees to promptly sign and return the Notice and Acknowledgment to Landlord and further agrees to strictly comply with all other requirements of Nev. Rev.

Appears in 1 contract

Sources: Land Lease (Switch, Inc.)

Alterations, Additions, and Improvements. Tenant shall not make or permit to be made any alterations, improvements, or additions or improvements which affect to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the PremisesPremises (“Alterations”), in without first obtaining on each case without the such occasion Landlord’s prior written consent (which consent Landlord agrees not to unreasonably withhold, condition or delay) except for non-structural Alterations which do not exceed One Hundred Thousand Dollars ($100,000.00) 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 each case. As part of its approval process, Landlord may require that Tenant submit plans and specifications to Landlord, for Landlord’s approval or disapproval, which consent approval shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies All Alterations shall be performed in accordance with all Legal Requirements governmental requirements applicable thereto, Applicable Laws and Title Matters and in connection therewitha good and workmanlike manner and, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made extent such Alterations will remain a part of the Premises shall become the property of Landlord at after the expiration or earlier termination of this Lease, with materials consistent with the quality of the Terminitial construction of the Landlord Improvements; provided, except further, Tenant shall be responsible for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable 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 ordinary wear all liabilities which may arise out of or be connected in any way with said Alterations. If Landlord notifies Tenant in writing at the time of Landlord’s consent to such Alterations that Landlord’s approval is conditioned upon the removal of such Alterations at the expiration or termination of this Lease, then Tenant shall, at its sole cost and tear excepted)expense upon the termination or expiration of this Lease, remove the same and repair any damage resulting from such removal of the Alterations. For federal income tax purposesLandlord 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 the immediately preceding sentence and in Section 6.06, Tenant’s signsall Alterations and all repairs and 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 Landlord without payment therefor by Landlord and shall be surrendered to Landlord upon the expiration or earlier termination of this Lease. Notwithstanding the foregoing, trade Tenant shall remove any Tenant fixtures or equipment, including, without limitation, diesel generators, camera systems, and furnishings any other equipment and systems that are defined herein as equipmentnot included in the Landlord Improvements, and such removal shall be performed in accordance with the requirements set forth in this Lease. Tenant shall pay, pay when due, due all claims Claims for labor or materials furnished or alleged to have been and material furnished to or the Premises and keep the Premises free and clear of all liens and encumbrances for Tenant work contracted for use in by Tenant. In the event a lien is filed against the Premises, which claims are 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 may cause such lien to be secured by released of record from the Premises, or (b) furnish Landlord with a copy of the recorded waiver of such lien, recorded release of such lien, or recorded bond discharging such lien. For any work that could give rise to any mechanics’ or materialmenmaterial suppliers’ liens under Applicable Law, Tenant shall give Landlord at least fifteen (15) days’ prior written notice of the commencement of any work on the Premises, regardless of whether Landlord’s lien against consent to such work is required and Landlord may elect to record and post notices of non-responsibility on the Premises or any interest thereinPremises.

Appears in 1 contract

Sources: Lease Agreement (Lifetime Brands, Inc)

Alterations, Additions, and Improvements. Tenant 9.1 TENANT shall not make any alterations, additions or improvements which affect bear the structure cost and expense of modifying the interior of the Building or which decrease BUILDING for its use (the square footage “TENANT IMPROVEMENTS”), including without limitation obtaining all required approvals, permits, and certificates from the governmental authorities having jurisdiction of the Building or which reduce the value BUILDING and LANDLORD shall cooperate with TENANT in connection therewith. Prior to obtaining such approvals, certificates and approvals and commencing construction of the Premisesany TENANT IMPROVEMENTS, in each case without the prior TENANT shall obtain written consent approval of LandlordLANDLORD of all plans, drawings and specifications, which consent approval shall not be unreasonably withheld, conditioned withheld or delayed. Notwithstanding the above, and provided Tenant complies TENANT shall deposit with LANDLORD, LANDLORD’s estimate of cost of TENANT IMPROVEMENTS. TENANT IMPROVEMENTS is not intended to include personal property, moveable equipment, and trade fixtures not mounted to the LEASED PREMISES. 9.2 During the TERM of the LEASE, TENANT IMPROVEMENTS shall be undertaken by LANDLORD at TENANT’s expense in a good and workmanlike manner. TENANT IMPROVEMENTS shall be constructed in accordance with all Legal Requirements laws, codes and regulations and in connection therewithaccordance with the plans, Tenant drawings and specifications approved by LANDLORD in accordance with Section 9.1. 9.3 All work relating to TENANT IMPROVEMENTS shall have the right at all times to make all other alterations, additions or improvements be subject to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end prevailing wage requirements and affirmative action requirements of the TermNew Jersey Economic Development Authority. 9.4 To the extent permitted by law, any TENANT IMPROVEMENTS are to be constructed by contractors and sub-contractors employing craft workers who are members of unions that are affiliated with the AFL-CIO Building and Construction Trades Department in accordance with applicable collective bargaining agreements. All alterations, additions LANDLORD and improvements permitted under this paragraph or consented TENANT shall use contractors and sub-contractors employing workers represented by unions that are affiliated with the AFL-CIO Building and Construction Trades Department in accordance with applicable collective bargaining agreements to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to provide for janitorial services and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinBUILDING maintenance.

Appears in 1 contract

Sources: Lease Agreement (Rosetta Genomics Ltd.)

Alterations, Additions, and Improvements. (a) Tenant shall not make any alterations, additions or improvements to the Property (other than Tenant's Improvements) without Landlord's prior written consent, except for non-structural alterations which affect do not exceed Forty Thousand Dollars ($40,000) in cost cumulatively over the structure Lease Term and which are not visible from the outside of the Building or which decrease the square footage Building. Landlord may require Tenant to provide demolition and/or lien and completion bonds for amounts in excess of the Building or which reduce the value of the Premises, $40,000 in each case without the prior written consent of form and amount reasonably satisfactory to Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other promptly remove any alterations, additions or improvements to the Building without constructed in violation of this Paragraph 6.05 (a) upon Landlord’s prior 's written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Termrequest. All alterations, additions and improvements permitted under this paragraph or consented to shall be done in writing a good and workmanlike manner, in conformity with all applicable laws and regulations, and by Landlord are referred to as “Permitted Alterations”a contractor approved by Landlord. All alterationsUpon completion of any such work, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall payprovide Landlord with "as built" plans, copies of all construction contracts and proof of payment for all labor and materials. (b) Tenant shall pay when due, due all claims for labor or materials furnished or alleged to have been and material furnished to the Property. Tenant shall give Landlord at least ten (10) days' prior written notice of the commencement of any work on the Property, regardless of whether Landlord's consent m such work is required. Landlord may elect to record and post notices of non-responsibility on the Property, (c) Tenant shall have not have the right to remove any fixtures or for installed at the Property unless, prior to installation of any such fixtures, Tenant for use shall notify Landlord in the Premises, which claims are or writing of such installation and of Tenant's intent to retain ownership of such fixtures and Landlord agrees in writing that such fixtures may be secured by any mechanics’ or materialmen’s lien against installed at the Premises or any interest thereinProperty and shall remain the property of Tenant (which agreement shall not be unreasonably withheld). Any such fixtures so installed at the Property with the written agreement of Landlord shall be considered to be "Tenant's Equipment" for purposes of Section 6.06 below.

Appears in 1 contract

Sources: Building Lease (Rhythms Net Connections Inc)

Alterations, Additions, and Improvements. Following the date on which Tenant shall not make any alterations, additions or improvements which affect the structure of the Building or which decrease the square footage of the Building or which reduce the value of first occupies the Premises, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions additions, or improvements ("Alterations") to the Building without Premises upon receipt of Landlord’s 's prior written approvalconsent, 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"). Landlord may, as a condition to the installation thereof and if such request is made concurrently with the approval of the plans and specifications therefor, require 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 contrary set forth herein, Tenant shall not be required to restore 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 floor coverings or non-structural alterations or additions permitted under this paragraph which do not exceed Twenty-Five Thousand Dollars ($25,000), 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 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 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 or the Building. Upon Landlord's written request Tenant shall promptly remove improvements at the end any Alterations constructed in violation of the Termthis Section. All alterationsAlterations shall be accomplished at Tenant's sole cost and expense in a good and workmanlike manner, additions in conformity with all applicable laws and improvements permitted under this paragraph or consented to in writing regulations, by a contractor and subcontractors chosen by Tenant and reasonably approved by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become be the property of Landlord. As soon as reasonably practicable, Tenant shall provide Landlord at the expiration with copies of the Termall construction contracts, except and proof of payment for signsall labor and materials. Promptly upon completion of any such work, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs shall provide Landlord with any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted)"as built. For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipmentplans. Tenant shall pay, promptly pay when due, due all claims for labor or and materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein.

Appears in 1 contract

Sources: Office Lease (Catellus Development Corp)

Alterations, Additions, and Improvements. 8.1. The Tenant shall not make any alterations, additions or improvements which affect improvements, structural or otherwise (the structure "Alterations'') in or to the Premises in excess of ten thousand dollars ($10,000) in the aggregate, over the Term, without the Landlord's prior written consent. 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 copy of the Building plans and specifications and estimated construction costs for the Alterations prior to commencing construction. All Alterations, whether requiring consent or which decrease not, shall be made promptly, in a workmanlike manner, paid for by the square footage 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 performed only by duly licensed contractors and subcontractors approved by the Landlord. Upon a termination of the Building or Lease, the Tenant shall provide the Landlord with copies of all unexpired construction warranties, if any exist, related to the Alterations, all of which reduce shall be deemed assigned to the value Landlord. Unless otherwise noted in the Landlord's written approval of the PremisesAlteration, in each case any Alteration, other than the Tenant's trade fixtures and movable furnishings, shall remain and be surrendered with the Premises on expiration of the Lease. If the Landlord's approval of the Alteration provides that the Alteration is not to be surrendered, the Tenant, at 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 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 conditioners or any other heating or air conditioning equipment; or other similar building operating equipment and decorations. This removal/repair obligation shall survive a termination of Landlordthe Lease. Notwithstanding anything in this Lease to the contrary, which consent 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 unreasonably withheld, conditioned conditioned, or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein.

Appears in 1 contract

Sources: Lease Agreement (Dyadic International Inc)

Alterations, Additions, and Improvements. Tenant shall not create any openings in the roof or exterior walls or make any alterations, additions or improvements which affect to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Demised Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, Consent for structural and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other non-structural alterations, additions or improvements shall not be unreasonably withheld by Landlord. Landlord hereby agrees that Tenant may 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 Building without Landlord’s prior written approvalcontrary contained herein. Tenant shall not be required obligated to remove the Tenant Improvements or restore any alterations the office area to its previous condition upon termination of this Lease. Tenant may erect or additions permitted under 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 paragraph lease Tenant shall subject to the Premises or restrictions of Section 7.05 below have the right to remove improvements items installed by Tenant, provided Tenant is not in default at the end time of the Termremoval and provided further that Tenant shall at the time of removal of the items, repair in a good and workmanlike manner any damage caused by the installation or removal. All alterations, additions and improvements permitted under this paragraph Tenant shall pay for all costs incurred or consented to in writing by Landlord are referred to as “Permitted Alterations”. All arising out of alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on to the Demised Premises and furnished shall not permit any mechanics or materialmans lien to be filed against the Demised Premises or the Property. Upon request by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Landlord Tenant shall paydeliver to Landlord proof of payment reasonably satisfactory to Landlord of all costs incurred or arising out of any alterations, when due, all claims for labor additions or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinimprovements.

Appears in 1 contract

Sources: Commercial Lease Agreement (Performance Printing Corp)

Alterations, Additions, and Improvements. 5.4.1 Tenant shall not make any alterationsnot, additions or improvements which affect the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore consent, make any alterations alterations, improvements, or additions permitted under this paragraph in, on, or about the Premises. As a condition to the Premises or giving such consent, Landlord may require that Tenant remove improvements at the end of the Term. All any such alterations, additions and improvements permitted under this paragraph improvements, additions, or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord utility installations at the expiration of the Term, except for signsand to restore the Premises to their prior condition. 5.4.2 Before commencing any work relating to alterations, trade fixturesadditions, furnishingsand improvements affecting the Premises, machinery Tenant shall notify Landlord in writing of the expected date of commencement thereof. Landlord shall then have the right at any time and equipment used in or from time to time to post and maintain on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage such notices as Landlord reasonably deems necessary to protect the Premises caused thereby (reasonable and ordinary wear and tear excepted)Landlord from mechanics’ liens, materialmen’s liens, or any other liens. For federal income tax purposesIn any event, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant at or for use in the Premises, which claims are or may be secured by . Tenant shall not permit any mechanics’ or materialmen’s lien liens to be levied against the Premises for any labor or material furnished to Tenant or claimed to have been furnished to Tenant or to Tenant’s agents or contractors in connection with work of any character performed or claimed to have been performed on the Premises by or at the direction of Tenant. 5.4.3 Unless Landlord requires their removal, as set forth in Article 5.4.1, all alterations, improvements, or additions which may be made on the Premises shall become the property of Landlord and remain upon and surrendered with the Premises at the expiration of the Term. Notwithstanding the provisions of this Article 5.4.3, Tenant’s machinery, equipment, and other trade fixtures other than that which is affixed to the Premises so that it cannot be removed without material damage to the Premises, shall remain the Property of Tenant and may be removed by Tenant subject to the provisions of Article 5.2. 5.4.4 All construction work done by Tenant within the Premises shall be performed in a good and workmanlike manner, in compliance with all applicable laws, regulations, and governmental requirements, and the requirements of any contract or deed of trust to which the Landlord may be party. Tenant agrees to indemnify Landlord and hold it harmless against any loss, liability or damage resulting from such work, and Tenant shall, if requested by Landlord, furnish a bond or other security reasonably satisfactory to Landlord against any such loss, liability or damage. 5.4.5 Tenant agrees that all venting, opening, sealing, waterproofing or any interest thereinaltering of the roof of the Premises shall be performed by Landlord’s roofing contractor, or other contractor approved in advance of such work by Landlord.

Appears in 1 contract

Sources: Lease Agreement (Bolt Technology Corp)

Alterations, Additions, and Improvements. Tenant shall not make any no structural alterations, additions or improvements which affect in or to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Premises without the express prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned withheld or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to may make all other alterations, non-structural additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations in or additions permitted under this paragraph to the Premises without the prior approval of Landlord so long as all such additions or remove improvements at are made in accordance with all applicable laws and governmental rules and regulations and further provided that such additions or improvements do not and will not cause the end termination, suspension or revocation of the Termany insurance coverage required hereunder. All alterations, costs and expenses of such additions and improvements permitted under this paragraph or consented to shall be the sole responsibility of Tenant and all work shall be undertaken in writing by Landlord are referred to as a Permitted Alterations”lien-free” manner. All alterations, additions or improvements, whether temporary or permanent, including hardware, non-trade fixtures and wall and floor coverings, but excluding removable trade fixtures, in or upon the Premises, whether placed there by Landlord or Tenant, shall become Landlord’s property and shall remain with the Premises at the termination of this Lease, whether by lapse of time or otherwise, without compensation, allowance or credit to Tenant; provided, however, that notwithstanding the foregoing, Landlord may request that any or all of said alterations, additions or improvements in or upon the Premises made by Tenant which are permanently attached may be removed by Tenant at the termination of this Lease. If Landlord requests such removal, Tenant shall, at its own cost and expense, remove the same prior to and made part the end of the Premises term and shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any repair all damage to the Premises caused thereby (reasonable by such removal. If Tenant does not remove any alterations, additions or improvements when requested by Landlord to do so, Landlord may remove the same and ordinary wear repair all damage caused thereby, and tear excepted)Tenant shall pay to Landlord the cost of such removal and repair, together with interest at the Default Rate, immediately upon demand therefor by Landlord. For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant obligation to observe or perform this covenant shall pay, when due, all claims for labor survive the expiration or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereintermination of this Lease.

Appears in 1 contract

Sources: Net Lease (TCP International Holdings Ltd.)

Alterations, Additions, and Improvements. Tenant shall not make 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 and improvements which affect shall be at the structure sole expense of the Building Lessee. Lessee shall have the right to erect and maintain, at their own expense, a sign or which decrease signs on the square footage of building and elsewhere on the Building or which reduce the value of the Premisesleased premises, in each case without subject to the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the aboveLessor as to design and placement, and to equip, fixture, store and maintain and alter the arrangements of fixtures, equipment in the interior of said Premises at its discretion without restriction provided Tenant complies with all Legal Requirements in connection therewith, Tenant that Lessee shall have the right at all times to make comply with all other alterations, additions or improvements to the Building without Landlord’s prior written approvallaws and regulations applicable thereto. Tenant Lessee shall not permit the premises or any part thereof to be required to restore encumbered by any alterations materialmen's, mechanics', contractors' or additions permitted under this paragraph to other liens, and if any such lien is filed against the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made any part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims thereof for labor or materials furnished or alleged to be furnished to Lessee, Lessee shall 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 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 furnished to or for Tenant for use in will be installed by Lessee at its expense shall remain the Premisesproperty of Lessee, which claims are or as the case may be, and may be secured 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 mechanics’ or materialmen’s lien against 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 interest therein.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

Sources: Lease (Forefront Inc)

Alterations, Additions, and Improvements. (a) Tenant may make any non-structural alterations, additions or improvements to the Property without Landlord's prior written consent, but shall provide at least ten (10) days' prior written notice to Landlord if the construction of such alterations, additions or improvements are expected to cost in excess of One Hundred Thousand Dollars ($100,000). Tenant shall not make any structural alterations, additions additions, or improvements which affect to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Property without the Landlord's prior written consent of Landlordconsent, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other promptly remove any structural alterations, additions or improvements to the Building without constructed in violation of this Section 6.05 (a) upon Landlord’s prior 's written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Termrequest. All alterations, additions additions, and improvements permitted under this paragraph will be accomplished in a good and workmanlike manner and in conformity with all applicable laws and regulations. Upon completion of any such structural work or consented other work requiring prior notice to in writing by Landlord are referred to as “Permitted Alterations”. All alterationsLandlord, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall payprovide Landlord with "as-built" plans, copies of specifications, and proof of payment of all contractors, subcontractors and materialmen. (b) Tenant shall pay when due, due all claims for labor or materials furnished or alleged to have been and material furnished to the Property by ▇▇▇▇▇▇. Tenant shall give Landlord at least ten (10) days prior written notice of the commencement of any work of improvement on the Property. Landlord may elect to record and post notices of non-responsibility on the Property. (c) If Tenant makes any alterations, additions, or improvements to the Property for which Tenant cannot directly obtain insurance coverage for use in casualty thereto, Tenant may request Landlord to obtain, at Tenant's cost, an endorsement to the Premisespolicy of hazard insurance required to be carried pursuant to Section 4.04(b) hereof including all such alterations, which claims are additions, or may be secured by any mechanics’ or materialmen’s lien against improvements under such policy with Tenant designated as the Premises or any interest thereinloss-payee under all such endorsements.

Appears in 1 contract

Sources: Industrial Real Estate Lease (Cost Plus Inc/Ca/)

Alterations, Additions, and Improvements. Tenant shall will not make or allow to be made any alterations, additions Alterations in or improvements which affect to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Premises without the prior written consent of Landlord, which consent shall may be granted or withheld by Landlord, in Landlord’s sole and absolute discretion, provided, however, if Tenant is not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewithdefault under this Lease, Tenant shall have the right at right, subject to Tenant’s compliance with all times of the other provisions of this Section 9, to make all other alterations, additions or improvements non-structural Alterations to the Building Premises without first obtaining Landlord’s consent in an aggregate amount not to exceed $50,000.00 in any twelve (12) month period. Alterations to the Premises shall be done by Landlord or by contractors approved in writing by Landlord, at Tenant’s sole cost and expense. If Landlord approves Tenant’s proposed Alterations, or if such proposed Alterations are not subject to Landlord’s consent, and Landlord agrees to permit Tenant’s contractor to do the work, Tenant shall require contractor, and all subcontractors employed by the contractor, to carry worker’s compensation insurance (as required under the ▇▇▇▇▇▇▇’▇ Compensation Act of Colorado) and commercial general liability insurance, issued by such companies as Landlord may approve and in such amounts as Landlord may reasonably require, naming Landlord and any other parties designated by Landlord, as additional insured. Tenant shall provide certificates of insurance, evidencing satisfaction of the insurance requirements, prior to the commencement of such work. All Alterations, (whether or not such Alterations are subject to Landlord’s prior written approvalconsent),must conform to all requirements of all governmental entities having jurisdiction. Tenant’s contractor shall obtain all applicable building and occupancy permits required by law. Landlord shall have the right, at Tenant’s expense, to have Tenant’s contractor’s work inspected by architects and engineers. At any time Tenant either desires to, or is required to, make repairs or Alterations in accordance with this Lease, Landlord may, in addition to its other options, require Tenant, at Tenant’s sole cost and expense, to obtain and provide to Landlord a lien and completion bond (or such other applicable bond as reasonably determined by Landlord) in an amount equal to one and one-half times the estimated cost of such improvements to insure Landlord against risk and liability, including but not limited to liability for mechanics and materialman’s lien, and to insure the completion of the work. Tenant agrees to indemnify Landlord and hold it harmless against any loss, liability or damage resulting from such work. Tenant further agrees that plans and drawings for installation or revision of mechanical, electrical or plumbing systems shall not be required designed by an engineer approved by Landlord, and bear an engineer’s seal, such design work to restore be done at Tenant’s expense. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be permitted to remove or alter any alterations restrooms in the Premises. All Alterations and systems installed in or additions permitted under this paragraph attached to the Premises or remove improvements by Tenant shall, at the end option of Landlord, upon the expiration or earlier termination of the Term. All alterationsLease, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached belong to and made part of the Premises shall become the property of Landlord at without any payment from Landlord and if such option is exercised, shall be surrendered by Tenant in good order and condition as part of the Premises upon the expiration or sooner termination of the TermLease term. Tenant shall not use or penetrate the roof of the Building for any purpose whatsoever without the prior written consent of Landlord, except for signswhich consent may be granted or withheld by Landlord, trade fixturesin Landlord’s sole and absolute discretion. All Alterations (whether or not such Alterations are subject to Landlord’s prior consent) shall be performed by Tenant in a good and workmanlike manner, furnishings, machinery and equipment used in or on compliance with all Requirements. Tenant shall keep the Premises and furnished the Property free from any liens arising out of any work performed, materials furnished, or obligations incurred by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted)Tenant. For federal income tax purposes, Tenant’s signs, trade fixtures obligations regarding liens shall be satisfied if during any period that a lien is disputed Tenant provides a bond (or other similar security) sufficient for the satisfaction of the lien together with costs and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereininterest.

Appears in 1 contract

Sources: Lease Agreement (Gaia, Inc.)

Alterations, Additions, and Improvements. (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 additions, or improvements which affect improvements, including Tenant's Improvements, as defined in the structure of Rider to this Lease to the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Property without the Landlord's prior written consent of Landlordconsent, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Landlord shall not be required to notify Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times of whether it consents to make all other any alterations, additions or improvements until it (a) has received plans and specifications therefor which are sufficiently detailed to allow construction of the work depicted thereon to be performed in a good ▇▇▇▇▇▇▇-like manner, and (b) has had a commercially reasonable opportunity to review them. Landlord shall provide a response to Tenant's request within five (5) business days upon receipt of (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 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 Building without Landlord’s prior written approvalapproval of Landlord and 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 supervision and/or approval of any penetrations made to the roof, but Tenant shall not be required obligated to restore pay Landlord any alterations fees for the management or additions permitted under this paragraph 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 Premises 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 remove improvements at the end constructed in violation of the Termthis Paragraph 6.06 (a) upon Landlord's written request. All alterations, additions additions, and improvements permitted under this paragraph shall be done in a good and workmanlike manner, in conformity with all applicable laws and regulations, and by a contractor reasonably approved by Landlord. Upon completion of any such work, Tenant shall provide Landlord with "as built" plans, copies of all construction contracts, and proof of payment, including lien waivers, for all labor and materials. (b) If any alteration, addition or consented improvement will affect the Building's structure, HVAC System, mechanical, electrical or plumbing systems, the plans and specifications therefor must be prepared by a licensed engineer reasonably acceptable to in writing by Landlord are referred Landlord. Landlord's approval of any plans and specifications shall not be representation that the plans or the work depicted thereon will comply with the law or adequate for any purpose, but shall merely be Landlord's consent to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part performance of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby work. (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. c) Tenant shall pay, pay when due, due all claims for labor or materials furnished or alleged to have been and material actually furnished to or for the Property. Tenant for use in shall give Landlord at least twenty (20) days' prior written notice of the Premisescommencement of any work on the Property, which claims are or regardless of whether Landlord's consent to such work is required. Landlord may be secured by any mechanics’ or materialmen’s lien against elect to record and post notices of non-responsibility on the Premises or any interest thereinProperty.

Appears in 1 contract

Sources: Lease Agreement (Homegrocer Com Inc)

Alterations, Additions, and Improvements. Tenant shall not make any Section 1: Any alterations, additions or improvements changes to the Building (“Alterations”) of any kind or nature whatever desired by Tenant may be done by Tenant, at its own cost and expense, upon the following terms and conditions: (a) Tenant shall notify Landlord, in writing, specifying in detail the Alterations contemplated; (b) The Alterations shall not change the general character of the Premises, reduce the fair market value of the Premises below its value immediately before the Alterations, or impair the usefulness of the Premises; (c) The Alterations shall be effected with due diligence and in a good and workmanlike manner in accordance with all applicable legal requirements; (d) The Alterations shall be made promptly and fully paid for by Tenant; (e) Any Alterations involving an estimated expenditure of $10,000 or more shall be done in accordance with plans and specifications prepared by a licensed architect and subject to the prior written approval of Landlord; and, which approval shall not be unreasonably withheld for alterations that do not affect the structure of the Building or which decrease the square footage any of the Building or which reduce the value of the Premises, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewithBuilding’s systems; and (f) Prior to commencing any Alteration, Tenant shall have the right at all times provide Landlord with liability and property insurance policies with respect to make all other alterationssuch Alterations naming Landlord and its manager as insureds and otherwise in form and amounts satisfactory to Landlord. Section 2: Before commencing any alterations using outside contractors, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required notify Landlord of the anticipated commencement and completion dates of the work. Prior to restore commencement of any construction of improvements or alterations or additions permitted under this paragraph to the Premises or remove improvements at the end Building, Tenant shall furnish to Landlord a copy of the Termpermit allowing such construction. All alterations, additions and improvements permitted under this paragraph or consented to Landlord’s interest in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property not be subjected to liens of Landlord at the expiration any nature by reason of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signsconstruction, trade fixtures and furnishings are defined herein as equipment. Tenant shall payalteration, when duerenovation, all claims for labor repair, restoration, replacement or materials furnished reconstruction of any improvements on or alleged to have been furnished to or for Tenant for use in the Premises, which claims the Building or by reason of any other act or omission of Tenant (or of any person claiming by, through or under Tenant) including, but not limited to, construction and materialmen’s liens. All persons dealing with Tenant are hereby placed on notice that such persons shall not look to Landlord or may be secured to Landlord’s credit or assets (including Landlord’s interest in the Premises) for payment or satisfaction of any obligations incurred in connection with the construction, alteration, renovation, repair, restoration, replacement or reconstruction thereof by or on behalf of Tenant. Tenant has no power, right or authority to subject Landlord’s interest in the Premises to any mechanics’ mechanic’s or materialmen’s lien or claim of lien. If a mechanic’s claim of lien is filed against the Premises property in connection with any work performed by or any interest thereinon behalf of Tenant (except work for which Landlord is responsible), Tenant shall satisfy such claim or shall transfer same to security, within ten (10) days after Tenant learns of the filing thereof. In the event that Tenant fails to satisfy or transfer such claim within said ten (10) day period, Landlord may do so and thereafter charge Tenant, as Additional Rent, all costs incurred by Landlord in connection with satisfaction or transfer of such claim, including reasonable attorneys’ fees. This Section shall survive the termination of the Lease.

Appears in 1 contract

Sources: Lease Agreement (Lucid Inc)

Alterations, Additions, and Improvements. Tenant shall not make or allow to be made any alterations, additions or improvements which affect to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case Premises without the Landlord's prior written consent of Landlordconsent, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies Any such permitted alterations and/or improvements shall be surrendered with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord upon the expiration or earlier termination of this Lease without credit to Tenant; provided, however, that Landlord, at its option, may require Tenant to remove any physical Improvements or additions and/or repair any alterations in order to restore the Prem es to the condition existing on the Commencement Date, with all costs of removal and/or alterations to be borne by Tenant. The preceding sentences hall not apply to movable equipment, furniture or moveable trade fixtures owned by Tenant, which may be removed by Tenant at the expiration of the Lease Term, except for signs, trade fixtures, furnishings, machinery if Tenant is not then in default and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any if such removal can be accomplished without material damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposesenant shall have no authority or power, Tenant’s signsexpress or implied, trade fixtures and furnishings are defined herein as equipment. Tenant shall payto create or cause any mechanics or materialman's en, when due, all claims for labor charge or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by encumbrance of any mechanics’ or materialmen’s lien kind against the Premises or any interest thereinportion thereof. Tenant shall promptly cause any such liens that have arisen by reason of any work claimed to have been undertaken by or through Tenant to be released by payment, bonding or otherwise within thirty (30) days following a request by Landlord. Anyand all permitted alterations, additions andimprovements shall be accomplished in a good and workmanlike manner, in conformity with all applicable laws and regulations, and by a contractor approved by Landlord. 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.

Appears in 1 contract

Sources: Commercial Lease Agreement

Alterations, Additions, and Improvements. 9.1 Tenant shall not make any alterations, additions or improvements which affect the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. . 9.2 All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. . 9.3 Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein.

Appears in 1 contract

Sources: Lease Agreement (ETHEMA HEALTH Corp)

Alterations, Additions, and Improvements. Subject to the provisions of Exhibit D, and except as provided below, Tenant shall covenants and agrees not to make or allow to be made any alterations, additions alterations or improvements which affect to or in the structure Building or to any of the Building or which decrease the square footage systems outside of the Building or which reduce the value of the Leased Premises, in each case or to any structural elements within the Leased Premises, without first obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayeddelayed if such alterations or improvements are consistent with and beneficial to the Tenant’s Permitted Use of the Leased Premises. Notwithstanding Tenant may make non-structural alterations within the aboveLeased 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, this clause shall not 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 or any of the Building systems requested or performed by Tenant shall be in accordance with plans and specifications which have been previously submitted to Landlord and approved 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 complies 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 ▇▇▇▇▇▇▇’▇ compensation insurance covering all persons employed by Tenant and will require its contractors and subcontractors to maintain ▇▇▇▇▇▇▇’▇ 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 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 Legal Requirements Property Rules and Regulations; (f) all construction shall be done in connection therewitha good and workmanlike 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 as otherwise provided in this Lease), and such work shall be certified by Tenant’s architect to have been constructed in accordance with the Tenant’s plans, and such certification shall be provided to Landlord; (g) lien releases from each contractor and subcontractor must be submitted to the 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 all times any time to make all other alterationsinspect such changes or alterations for workmanship and compliance with the previously approved plans and specifications, additions or improvements to the Building without Landlord’s prior written approval. and Tenant shall not be required to restore any alterations promptly correct all material deviations or additions permitted under this paragraph to the Premises defects discovered in such changes or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein.

Appears in 1 contract

Sources: Lease Agreement (Pharmaceutical Product Development Inc)

Alterations, Additions, and Improvements. (a) Tenant shall not make any alterations, additions or improvements which affect the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premisesadditions, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building Premises without Landlord’s prior written approvalconsent. Landlord may require Tenant to provide demolition and/or lien and completion bonds in form and amount satisfactory to Landlord. Tenant shall not be required to restore promptly remove any alterations alterations, additions, or additions permitted under improvements constructed in violation of this paragraph to the Premises or remove improvements at the end of the TermParagraph 6.05 (a) upon Landlord’s written request. All alterations, additions additions, and improvements permitted under this paragraph or consented to will be accomplished in writing a good and workmanlike manner, in conformity with all applicable laws and regulations, and by Landlord are referred to as “Permitted Alterations”a contractor approved by Landlord. All alterationsUpon completion of any such work, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall payprovide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. (b) Tenant shall pay when due, due all claims for labor or materials furnished or alleged to have been and material furnished to or for Tenant for use in the Premises. Tenant shall give Landlord at least fifteen (15) days’ prior written notice of the commencement of any work on the Premises. Landlord may elect to record and post notices of non-responsibility on the Premises. If Tenant shall, which claims are in good faith, contest the validity of any mechanics lien, claim or demand, then Tenant shall, at its sole expense, defend and protect itself, Landlord and the Premises against the same and shall pay and satisfy any such adverse judgment that may be secured by any mechanics’ or materialmen’s lien rendered thereon before the enforcement thereof against the Premises Landlord or any the Premises. In addition, Landlord may require Tenant to pay Landlord’s attorneys’ fees and costs in participating in such action if Landlord shall decide it is in its best interest thereinto do so.

Appears in 1 contract

Sources: Industrial Real Estate Lease (Dynamic Health Products Inc)

Alterations, Additions, and Improvements. Tenant shall not make or permit to be made any alterations, improvements, or additions or improvements to the Premises (“Alterations”) (except for non-structural Alterations which do not affect the structure Building systems or structure, require penetration into the floor, roof or exterior walls, or void any then-existing Premises warranty (“Non-Structural Alterations”) that are estimated to not exceed One Hundred Thousand Dollars ($100,000.00) in any one calendar year of the Building or which decrease the square footage of the Building or which reduce the value of the PremisesLease Term), in without first obtaining on each case without the such occasion Landlord’s prior written consent (which consent Landlord agrees not to unreasonably withhold, condition or delay); provided, with respect to any alterations (other than purely cosmetic or decorative alterations such as painting, carpeting and modifying wall coverings) that may be made by Tenant without Landlord’s consent, Tenant shall give Landlord advance notice of such work in each case; provided, further, if any element (each, a “Protected Element”) of such Alteration would (i) affect the Building systems or structure, (ii) require penetration into the floor, roof or exterior walls or (iii) void any then-existing Premises warranty (and Tenant is unable to perform such work in a manner so as to preserve such warranty and Tenant does not assume such warranty obligations), Landlord may withhold its consent thereto in its sole discretion (and may require that such Alterations be performed at Tenant’s expense by Landlord or a contractor reasonably acceptable to Landlord). As part of its approval process, Landlord may require that Tenant submit plans and specifications to Landlord, for Landlord’s approval or disapproval, which consent approval shall not be unreasonably withheld, conditioned or delayed; provided Landlord may withhold its consent to any Protected Element in its sole discretion. All Alterations shall be performed in accordance with Applicable Laws, using good grades of materials, and in a good and workmanlike manner by licensed, bonded and qualified contractors, which, for Alterations other than Non-Structural Alterations, are reasonably acceptable to Landlord. 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 and as is reasonably acceptable to Landlord. At the completion of any Alterations, Tenant shall deliver to Landlord final lien waivers from all contractors, subcontractors, and materialmen who did work on or supplied materials for the Alterations together with an affidavit from the general contractor that all such subcontractors have been paid in full. Landlord will specify at the time it approves of any proposed Alteration (or within ten (10) business days after a written request by Tenant if the Alteration is not one for which consent is required) whether any proposed Alteration must be removed at the expiration or termination of this Lease. Except as set forth in the immediately preceding sentence and in Section 6.06, all Alterations and all repairs and 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 Landlord without payment therefor by Landlord and shall be surrendered to Landlord upon the expiration or earlier termination of this Lease. Notwithstanding the aboveforegoing, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Lease Term, Tenant may, at its election in its sole discretion, remove diesel generators, camera systems, and any other equipment and systems that are not related to the office space and that are not included in the Landlord Improvements. All alterations, additions and improvements permitted under this paragraph Landlord shall make available to Tenant the benefit of any contractors’ or consented suppliers’ warranties applying to in writing any work performed by Landlord are referred to as “Permitted Alterations”on behalf of Tenant, including the Landlord Improvements. All alterations, additions or improvements made by Tenant which are permanently attached to and made part Landlord may monitor construction of the Premises Alterations (other than Non-Structural Alterations), and Tenant shall become reimburse Landlord for all actual third party, out of pocket costs and expenses (without mark-up) incurred by Landlord, if any, in connection with Landlord’s review of Tenant’s plans and specifications for (or Landlord’s oversight of the property construction or installation of) any Protected Element. The parties acknowledge and agree that in no event shall Landlord’s approval of any plans and specifications for Alterations (or Additional Tenant Improvements) be deemed to be a representation or warranty by Landlord that the same comply with Applicable Laws. Tenant has no express or implied authority to create or place any lien or encumbrance of any kind upon, or in any manner to bind the interest of Landlord at or Tenant in the expiration Premises or to charge the rentals payable hereunder for any claim in favor of the Termany person dealing with ▇▇▇▇▇▇, except including those who may furnish materials or perform labor for signs, trade fixtures, furnishings, machinery any construction or repairs. Tenant shall pay when due all Claims for labor and equipment used in or on material furnished to the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to keep the Premises caused thereby (reasonable free and ordinary wear clear of all liens and tear excepted). For federal income tax purposes, encumbrances for work contracted for by Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall paysave and hold Landlord harmless from all loss, when duecost or expense (including reasonable attorneys’ fees) based on or arising out of asserted claims or liens against the leasehold estate or against the interest of Landlord in the Premises or under this Lease for any such work, all claims for labor which obligation shall survive the expiration or materials furnished or alleged to have been furnished to or for Tenant for use in termination of this Lease. In the event a lien is filed against the Premises, which claims are upon ▇▇▇▇▇▇’s receipt of notice of any such lien, Tenant shall give Landlord immediate notice and within fifteen (15) days of receipt of such notice (a) bond against in a manner satisfactory to Landlord or may cause such lien to be secured by released from the Premises, or (b) furnish Landlord with a copy of the recorded waiver of lien, recorded release of lien, or of the recorded bond (in form satisfactory to Landlord) discharging such lien. For any work that could give rise to any mechanics’ or materialmenmaterial suppliers’ liens under Applicable Laws, Tenant shall give Landlord at least fifteen (15) days’ prior written notice of the commencement of any work on the Premises, regardless of whether ▇▇▇▇▇▇▇▇’s lien against consent to such work is required, and Landlord may elect to record and post notices of non-responsibility on the Premises or any interest thereinPremises.

Appears in 1 contract

Sources: Lease Agreement (Lifetime Brands, Inc)

Alterations, Additions, and Improvements. 10.1 Tenant shall not create any openings in the roof or exterior walls, or make any alterations, additions additions, or improvements which affect to the structure Premises or install any structures or equipment on the roof of the Building or which decrease the square footage any portion of the Building or which reduce the value of the Premises, in each case Common Area without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned . Tenant expressly agrees to indemnify Landlord for any and all damages resulting from or delayedcaused by Tenant penetrating the roof or exterior walls of the Premises. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at to erect or install shelves, bins and machinery, provided that Tenant complies with all times to make all other alterationsapplicable governmental laws, additions or improvements to the Building without Landlord’s prior written approvalordinances, and regulations. Tenant shall have the right to remove at the termination of this Lease, such items so installed by Tenant, provided Tenant is not be required to restore any alterations or additions permitted under this paragraph then in default; however, Tenant shall, prior to the Premises or remove improvements at termination of this Lease, repair any damage caused by such removal and, if requested by Landlord, offer Landlord (prior to such removal) sufficient security to insure Landlord that the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”proper repairs will be made. All alterations, additions or improvements made by Tenant which are permanently attached (including, without limitation, HVAC Systems, offices and improvements in and pertaining to and made part of such offices, partitions, floor coverings, etc.), together with such other property as Tenant leaves in or on the Premises at the termination of this Lease, shall become the property of Landlord at the expiration termination of this Lease; however, Tenant shall required to remove any or all alterations, additions, and improvements consented to by Landlord provided Landlord notifies Tenant in writing that such improvements will require future removal at the Termtime of Landlord's reasonable approval of such alterations and improvements, except for signs, trade fixtures, furnishings, machinery and equipment used any other property placed in or on the Premises by Tenant, and furnished by Tenant which Tenant may remove, provided Tenant repairs shall repair any damage to caused by such removal. Furthermore, no improvements contemplated by EXHIBIT "D" will reasonably require removal. The provisions of this paragraph shall survive the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor expiration or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinearlier termination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Highwaymaster Communications Inc)

Alterations, Additions, and Improvements. Tenant shall not make any LESSEE may erect such alterations, additions or additions, and improvements which affect inside the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case without premises as it desires only upon receiving the prior written consent of LandlordLESSOR, which consent shall not be unreasonably withheld, conditioned withheld or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All Minor alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”will not require the prior written consent of LESSOR. All such alterations, additions additions, or improvements made by Tenant shall be performed in a workmanlike manner and shall not weaken or impair the structural strength or lessen the value of the building and the premises, or change the purposes for which are permanently the building, or any part thereof, may be used, any such alterations, additions, or improvements shall be erected at the sole cost and expense of LESSEE, and 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, and 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 made LESSOR except "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 Premises lease, for any cause, and shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in LESSOR. LESSEE shall not allow any mechanic or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage materialman liens to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien filed against the Leased Premises or any interest thereinpart thereof for work performed by or on behalf of, LESSEE. 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 (c) hereof.

Appears in 1 contract

Sources: Sublease (Sportsmans Guide Inc)

Alterations, Additions, and Improvements. (a) Tenant shall not make any alterations, additions, or improvements to the Premises without Landlord's prior written consent. Landlord reserves the right at the expiration or earlier termination of the Lease Term to require that any alterations, additions or improvements which affect the structure of the Building constructed by or which decrease the square footage of the Building for Tenant and with or which reduce the value of the Premiseswithout Landlord’s consent be removed, in each case without the prior which event Tenant shall promptly remove any such alterations, additions, or improvements upon Landlord's written consent of request and repair any damage caused by such removal. All alterations, additions, and improvements shall be done pursuant to plans approved in writing by Landlord in advance, in a good and workmanlike manner, using only new materials, in conformity with all Applicable Laws and by a licensed California contractor approved by Landlord, which consent approval shall not be unreasonably withheldwithheld and such contractor shall maintain liability, conditioned or delayedworkmen’s compensation and other insurance in amounts as may be reasonably required and approved by Landlord. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right be responsible, at Tenant’s sole cost and expense, for obtaining any and all times to make all other permits and approvals required for any alterations, additions or improvements to the Building without Landlord’s prior written approvalbe performed by Tenant and shall deliver a copy of same to Landlord upon receipt by Tenant. Upon completion of any such work, Tenant shall not be required to restore any alterations or additions permitted under this paragraph provide Landlord with proof of payment for all labor and materials and copies of all construction contracts, and to the Premises or remove 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 such improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby Tenant. (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. b) Tenant shall pay, pay when due, due all claims for labor or materials furnished or alleged to have been and material furnished to or for the Premises. Tenant for use in shall give Landlord at least twenty (20) days’ prior written notice of the commencement of any work on the Premises, which claims are or regardless of whether Landlord’s consent to such work is required. Prior to the commencement of any work, Tenant shall provide Landlord with a fully executed original of the Contractor’s Indemnity from Tenant’s contractors, in the form attached hereto as Exhibit C and made a part hereof. Landlord may be secured by any mechanics’ or materialmen’s lien against elect to record and post notices of non-responsibility at the Premises or any interest thereinPremises.

Appears in 1 contract

Sources: Lease Agreement (iPower Inc.)

Alterations, Additions, and Improvements. (a) Subject to Section 6.05(c), Tenant shall not make any alterations, additions, or improvements to the Premises without Landlord's prior written consent. Tenant shall deliver to Landlord, for Landlord's approval prior to any construction, a complete set of plans and specifications for the proposed alterations, additions or improvements, copies of contracts with general contractors, evidence of contractor's insurance and bonds, and all necessary permits for such construction. Landlord may require Tenant to provide demolition and/or lien and completion bonds (or cash deposits) in form and amount reasonably satisfactory to Landlord. Tenant shall promptly remove any alterations, additions, or improvements which affect the structure constructed in violation of this Section 6.05 (a) upon Landlord's written request. All alterations, additions, and improvements will be accomplished in a good and workmanlike manner, in conformity with all applicable Laws, and by a contractor approved by Landlord. Landlord's approval of the Building plans, specifications and working drawings for Tenant's alterations shall create no responsibility or which decrease liability on the square footage part of the Building Landlord for their completeness, design, sufficiency, or which reduce the value of the Premises, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies compliance with all Legal Requirements in connection therewithlaws, rules and regulations of governmental agencies or authorities. Upon completion of any such work, Tenant shall have provide Landlord with "as built" plans, copies of all construction contracts, and proof of payment for all labor and materials. (b) Tenant shall pay when due all claims for labor and material furnished to the right Premises. Tenant shall give Landlord at all times least ten (10) days prior written notice of the commencement of any work on the Premises. Landlord may elect to record and post notices of non-responsibility on the Premises. (c) Notwithstanding any provision to the contrary contained herein or Section 12 of the Rules and Regulations attached hereto as Exhibit "C", Tenant may, at its own expense, and without Landlord's prior consent, make all other such non-structural changes, alterations, additions or improvements to the Premises ("Alterations") as will, in the judgment of Tenant, better adapt the same for its needs, provided that Tenant complies with the following provisions: (i) The Alterations shall not result in a violation of or require a change in any certificate of occupancy applicable to the Building. (ii) The outside appearance of the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations affected; such Alterations shall not affect the structure, or additions permitted under this paragraph to reduce the value of the Premises or remove improvements at the end Building. (iii) No part of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part Building outside of the Premises shall become be physically affected nor shall the property of Landlord at Alterations be visible from the expiration exterior of the TermBuilding. (iv) The mechanical, except electrical, plumbing, heating, ventilation, and air conditioning of the Building shall not be affected. (v) At Landlord's request, Tenant shall submit to Landlord three (3) copies of final plans and specifications for signsthe Alterations. (vi) Upon completion of any Alterations , trade fixturesTenant shall upon Landlord's request deliver to Landlord three (3) copies of the "as-built" plans for such Alterations. (vii) The cost of Alterations in any calendar year do not exceed Twenty-Five Thousand and 00/100 Dollars ($25,000.00). Tenant agrees that all Alterations shall at all times comply with all applicable Laws and that Tenant, furnishingsat its expense, machinery shall (i) obtain all necessary municipal and equipment used other governmental permits, authorizations, approvals and certificates for the construction of such Alterations, (ii) deliver a copy of such items to Landlord and (iii) cause all Alterations to be constructed in a good and workmanlike manner. Tenant, at its expense, shall promptly procure the cancellation or discharge of all notices of violation arising from or otherwise connected with Alterations issued by any public authority having or asserting jurisdiction. Throughout the making of all Alterations, Tenant, at its expense, shall carry or cause its contractors to carry (i) workers' compensation insurance in statutory limits covering all persons employed in connection with such Alterations, (ii) general commercial liability insurance covering any occurrence in or on about the Premises and furnished by Tenant in connection with such Alterations which Tenant may remove, provided Tenant repairs any damage to complies with the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipmentrequirements of Section 4.05. Tenant shall payindemnify Landlord against liability for any and all mechanics' and other liens filed in connection with Alterations. Tenant, when dueat its expense, shall procure the discharge of any such lien by payment or posting of a bond within thirty (30) days after the filing thereof against any part of the Building. If Tenant fails to discharge any such lien within such thirty (30) day period, then, in addition to any other right or remedy, Landlord may, upon giving five (5) days prior written notice to Tenant, without any obligation to inquire about the accuracy of the amount or validity of such lien discharge the same either by paying the amount claimed to be due or by deposit or bonding proceedings if Tenant has not discharged the lien within the five (5) day notice period provided herein. Any amount so paid by Landlord, and all claims for labor or materials furnished or alleged to have been furnished to or for costs and expenses incurred by Landlord in connection therewith, shall be payable by Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinwithin ten (10) days after receiving Landlord's ▇▇▇▇ therefore.

Appears in 1 contract

Sources: Industrial Real Estate Lease (Lillian Vernon Corp)

Alterations, Additions, and Improvements. Tenant 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 additions, or improvements which affect whatsoever in or about the structure of said Demised Premises without first obtaining the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case without the prior written consent of LandlordLessor therefore, which consent shall not be unreasonably withheld, 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 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 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 aboveforegoing, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant Lessee shall have the right at all times right, without the consent of Lessor, to make such nonstructural alterations or modifications to the Premises as Lessee shall desire provided that all other such alterations shall be performed in a lien free manner and in compliance with all applicable laws. If the Lessor shall give consent to Lessee for any alterations, additions or improvements improvements, then before proceeding with or causing any such work to the Building without Landlord’s prior written approval. Tenant begin, Lessee shall not be required procure and maintain, and shall cause such contractors and subcontractors engaged by or on behalf of Lessee to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end procure and maintain insurance coverage against such risks, in such amounts as Lessor may reasonably require in light of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part scope of the Premises shall become the property of Landlord at the expiration of the Termproposed work, except for signsin connection with any such alteration, trade fixtures, furnishings, machinery and equipment used in addition or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinimprovement.

Appears in 1 contract

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

Alterations, Additions, and Improvements. Tenant shall not Subject to the provisions of this Article V, Lessee may make any alterations, additions additions, improvements or improvements which affect other changes to the structure RDU Assets as may be necessary or useful in connection with the operation of the Building 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 shall promptly pay the entire cost of any such change, addition or which decrease improvement; provided, however, that Lessor shall reimburse Lessee for the square footage amount of the Building or which reduce the value of the Premisessuch costs, if any, that constitute Capital Maintenance Costs. Any Additional Improvements by Lessee shall be made in each case without the prior written consent of Landlord, which consent a good and workmanlike manner and in accordance with all Applicable Laws. Lessee shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times or power to make all other alterationscreate or permit any lien of any kind or character on the RDU Assets, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at Additional Improvements by reason of repair or construction or other work. In the end event any such lien is filed against the RDU Assets, the Premises or Additional Improvements, Lessee shall cause such lien to be discharged or bonded within thirty (30) days of the Termdate of filing thereof. All alterations, additions and improvements permitted under this paragraph or consented to Unless otherwise agreed in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord Parties at the expiration time an Additional Improvement is made, all Additional Improvements shall be owned by Lessee for the Term of this Asset Lease and shall be removed by Lessee no later than first to occur of (y) the Termdate on which such Additional Improvements must be removed pursuant to this Asset Lease, except for signs, trade fixtures, furnishings, machinery and equipment used or (z) one (1) year after termination of this Asset Lease (provided that in either case such Additional Improvements can be removed by Lessee without unreasonable damage or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage harm to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor RDU Assets or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises) or, which claims are or may be secured at Lessee’s option exercisable by any mechanics’ or materialmen’s lien against notice to Lessor, surrendered to Lessor upon the Premises or any interest thereintermination of this Asset Lease.

Appears in 1 contract

Sources: Asset Lease Agreement (HollyFrontier Corp)

Alterations, Additions, and Improvements. Tenant shall not create any openings in the roof or exterior walls, or make any alterations, additions or improvements which affect to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case demised premises without the prior written consent of Landlord. Consent for non-structural alterations, which consent additions or improvements shall not be unreasonably withheldwithheld by Landlord. Tenant shall have the right to erect or install shelves, conditioned bins, machinery, air conditioning or delayed. Notwithstanding the aboveheating equipment and trade futures, and provided that Tenant complies with all Legal Requirements in connection therewithapplicable 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 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 good and workmanlike manner any damage caused by installation or removal thereof. Tenant shall pay for all times to make all other costs incurred or arising out of alterations, additions or improvements in or to the Building without Landlord’s prior written approvaldemised premises and shall not permit a mechanic's or materialman's lien to be asserted against the demised premises. Upon request by ▇▇▇▇▇▇▇▇, Tenant shall not be required deliver to restore Landlord proof of payment reasonably satisfactory to Landlord of all costs incurred or arising out of any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All such alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”improvements. All alterations, additions or improvements made by Tenant which are permanently attached in or to and made part of the Premises demised premises shall become the property of Landlord at the expiration or termination of this lease; however, Landlord may direct the Termremoval of alterations, except for signsadditions or improvements by giving written notice to Tenant prior to the expiration or termination of this lease. At the direction of Landlord, trade fixturesTenant shall promptly remove all alterations, furnishings, machinery additions and equipment used improvements and any other property placed in or on the Premises and furnished demised premises by Tenant which and Tenant may remove, provided Tenant repairs shall repair in a good and workmanlike manner any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinsuch removal.

Appears in 1 contract

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

Alterations, Additions, and Improvements. (a) Tenant shall not make any alterations, additions or improvements which affect the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premisesadditions, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building Property (“Tenant’s Alterations”) without Landlord’s prior written approvalconsent, except for non-structural interior alterations that (i) do not exceed Two Hundred Thousand Dollars ($200,000.00) in cost; (ii) are not visible from the outside of the Building; and (iii) do not alter or penetrate the floor slab or the roof membrane. Tenant shall not promptly remove any Tenant’s Alterations constructed in violation of this Section 6.05(a) upon ▇▇▇▇▇▇▇▇’s written request. All Tenant’s Alterations shall be required to restore performed in a good and workmanlike manner, in conformity with all Applicable Laws, and all contractors and subcontractors shall be approved by Landlord. Upon completion of any alterations or additions permitted under this paragraph such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. Notwithstanding anything to the Premises contrary in this Section, ▇▇▇▇▇▇ must obtain Landlord’s prior written consent for any Tenant’s Alterations that will (or remove improvements at may) be visible from the end outside of the TermBuilding. All alterationsLandlord shall have the right, additions and improvements permitted under this paragraph or consented in its reasonable discretion, to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part determine the location of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, such visible Tenant’s signs, trade fixtures Alterations and furnishings are defined herein as equipment. require the screening of such items at Tenant’s sole cost and expense. (b) Tenant shall pay, pay when due, due all claims for labor or materials furnished or alleged to have been and material furnished to the Property by or at the request of ▇▇▇▇▇▇. Tenant shall give Landlord at least twenty (20) days’ prior written notice of the commencement of any work on the Property, regardless of whether Landlord’s consent to such work is required. Landlord may elect to record and post notices of non-responsibility on the Property, to the extent permitted under applicable law. (c) To the extent ▇▇▇▇▇▇▇▇’s prior consent is required by this Section 6.05, Landlord may condition its consent to any proposed Tenant’s Alterations on such reasonable requirements as Landlord, deems necessary or desirable, including without limitation: (i) Tenant’s submission to Landlord, for Landlord’s prior written approval, of all plans and specifications relating to Tenant’s Alterations; (ii) Landlord’s prior written approval of the contractors and subcontractors performing Tenant’s Alterations; (iii) Tenant’s written notice of whether Tenant’s Alterations include the use or handling of any Hazardous Materials; (iv) Tenant’s obtaining or causing its contractor to obtain, for Landlord’s benefit and protection, of such insurance as Landlord may reasonably require (in addition to that required under Section 4.04 of this Lease); and (v) Tenant’s payment to Landlord of all reasonable third party out-of-pocket costs and expenses (the “Out-of-Pocket Costs”) incurred by Landlord because of Tenant’s Alterations, including, but not limited to, Out-of-Pocket Costs reasonably incurred by engaging a third-party (if reasonably necessary) in reviewing the plans and specifications for, and the progress of, Tenant’s Alterations, and costs of engaging outside consultants (whether for structural engineering review or otherwise). (d) Within thirty (30) days following the imposition of any lien or stop notice resulting from any of Tenant’s Alterations (an “Imposition”), Tenant shall either (a) cause such Imposition to be released of record by payment, or (b) in case of a disputed Imposition, cause the posting of a proper bond in favor of Landlord or provide other security satisfactory to Landlord. In case of a disputed Imposition, Tenant shall diligently contest such Imposition and indemnify, defend, and hold Landlord harmless from any and all loss, cost, damage, liability and expense (including attorney’s fees) arising from or related to it. If Tenant fails to take either action within such thirty (30)-day period, Landlord, at its election, may pay and satisfy the Imposition, in which case the sum so paid by ▇▇▇▇▇▇▇▇, with interest from the date of payment at Industrial Lease—Atlanta Dendreon Corporation the rate set forth in Section 4.07 of this Lease, shall be deemed Additional Rent due and payable by Tenant within ten (10) days after ▇▇▇▇▇▇’s receipt of Landlord’s payment demand. (e) Notwithstanding any language to the contrary in this Section 6.05, if the proposed Tenant’s Alterations involve or affect in any way one or more of the structural components of the Building, or materially affect in any way life safety matters, including, but not limited to, the Building’s or Project’s fire suppression system (collectively, the “Structural and Safety Alterations”), ▇▇▇▇▇▇▇▇’s prior written consent to that portion of the work affecting structural components and life safety systems will be required, regardless of the cost of the proposed Alterations. Moreover, ▇▇▇▇▇▇ agrees to use contractors and subcontractors selected by Landlord for use in the Premisesconstruction of any and all permitted Structural and Safety Alterations, which claims and for any work involving possible roof penetrations (so as to ensure that any such work is performed properly and does not render any applicable roof warranty void or voidable). (f) Tenant acknowledges and agrees that any Tenant’s Alterations are wholly optional with Tenant and are not being required by Landlord, either as a condition to the effectiveness of this Lease or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinotherwise.

Appears in 1 contract

Sources: Standard Industrial Real Estate Lease (Dendreon Corp)

Alterations, Additions, and Improvements. (a) Provided that Tenant’s use of the Property is consistent with the Permitted Use and in compliance the other terms of this Lease, Tenant shall not may make any alterations, additions additions, or improvements which affect to the structure of Property and the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case initial Improvements (“Tenant’s Alterations”) without the Landlord’s prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayedconsent. Notwithstanding the above, Tenant and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord acknowledge and agree that Landlord’s prior written approvallimited consent and approval of the initial Improvements shall be governed by Article Fourteen below and the attached Tenant Work Letter. Tenant shall not be required to restore promptly remove any alterations or additions permitted under Tenant’s Alterations constructed in violation of this paragraph to the Premises or remove improvements at the end of the TermSection 6.05(a) upon Landlord’s written request. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signsAlterations shall be performed in a good and workmanlike manner, trade fixtures and furnishings are defined herein as equipment. in conformity with all Applicable Laws. (b) Tenant shall pay, pay when due, due all claims for labor or materials furnished or alleged to have been and material furnished to or for the Property. Tenant shall give Landlord at least twenty (20) days’ prior written notice of the commencement of any work on the Property, regardless of whether Landlord’s consent to such work is required. Notwithstanding any language to the contrary in this Section 6.05, with respect to any Tenant’s Alterations, regardless of whether Landlord’s consent to such work is required under the terms of this Lease, Tenant acknowledges that it is required by Nevada law to record a notice of posted security in compliance with the requirements of Nev. Rev. Stat. Chapter 108 (2009) (the “Posted Security Requirements”). Concurrently with Landlord’s delivery of this Lease to Tenant for use in execution, Landlord may elect to provide Tenant with a separate written notice of the PremisesPosted Security Requirements, which claims are or may be secured by any mechanics’ or materialmen’s lien against shall include an acknowledgement of Tenant (the Premises or any interest therein.“Notice and Acknowledgement”). If so provided, Tenant agrees to promptly sign and return the Notice and Acknowledgment to Landlord and further agrees to strictly comply with all other requirements of Nev. Rev.

Appears in 1 contract

Sources: Land Lease (Switch, Inc.)

Alterations, Additions, and Improvements. (a) No alterations, additions, improvements or changes exceeding the amount of fifteen thousand dollars ($15,000) and/or requiring a building permit shall be made to the Premises unless and until the written approval of Landlord is first obtained, which approval shall not be unreasonably withheld, except Landlord shall be responsible according to this Lease to build the initial Tenant improvements. Tenant shall be directly responsible for any and all damages resulting from any of said alterations, additions, improvements and changes. Landlord may require, as a condition to granting such approval, that Tenant demonstrate and secure its ability to complete and pay for the alterations, additions, improvements and changes. (b) Should Tenant desire to make or construct any such alterations, additions or improvements within the Premises (“Tenant’s Work”), Tenant shall first submit to Landlord two (2) sets of scale drawings prepared by a licensed architect or building designer at Tenant’s expense. The drawings shall indicate Tenant’s specific requirements for the Premises, clearly outlining in detail the Premises and the planned improvements within the Premises, including, without limitation, types of materials and colors, interior partitions, reflected ceiling plan if applicable, plumbing fixtures, and electrical plans. These drawings shall be subject to ▇▇▇▇▇▇▇▇’s approval, in its reasonable discretion. If Landlord approves Tenant’s Work, then the following subparagraphs shall apply. (c) ▇▇▇▇▇▇ agrees, at ▇▇▇▇▇▇’s expense, to obtain and maintain public liability and worker’s compensation insurance adequate to fully protect Tenant as well as Landlord from and against any and all liability for death of or injury to person, or damage to property, arising out of or in connection with the construction of Tenant’s Work. Prior to commencement of construction, Tenant shall submit evidence of such proper insurance to Landlord. (d) All of Tenant’s Work shall be at Tenant’s expense and shall not make damage the Project/Building, or any part thereof. (e) Tenant shall be responsible for the repair, replacement and clean-up of any damage done by ▇▇▇▇▇▇’s contractor, including, without limitation, repair, replacement and clean-up of vehicular or pedestrian thoroughfares to the Premises which may be concurrently used by others other than Tenant. (f) Tenant’s contractor shall keep the storage of materials and its operations within the Premises and such other space as it may be assigned by Landlord. (g) All trash and surplus construction materials shall be stored (h) Tenant is responsible for compliance with all applicable codes and regulations of duly constituted authorities having jurisdiction over the performance of ▇▇▇▇▇▇’s Work. ▇▇▇▇▇▇ further agrees to indemnify, defend and save Landlord harmless from and against any and all claims, demands, actions, damages, liability, costs and expenses (including, without limitation, attorneys’ fees) arising from or in connection with ▇▇▇▇▇▇’s Work. (i) Tenant’s contractor shall not post signs on any part of the construction project or the Premises. (j) If Tenant materially breaches any of its obligations under this Section 10.1, Landlord, at its option, shall have the right to commence and complete performance of all of Tenant’s Work and charge Tenant with all costs and expenses incurred which shall be due upon ▇▇▇▇▇▇▇▇’s demand. (k) All alterations, additions, improvements or changes to be made to the Premises shall be under the supervision of a competent architect or competent licensed structural engineer and made in accordance with plans and specifications with respect thereto. All work with respect to any alterations, additions, improvements and changes must be done in a good and workmanlike manner and diligently prosecuted to completion. All such work shall be performed in a manner that will not interfere with the quiet enjoyment of other tenants of the Project/Building and not obstruct the access of any other tenant or occupant of the Project/Building. Prior to commencement of any such work, Tenant shall post and file, on behalf of Landlord, a notice of non-responsibility or other similar notice permitted under applicable law and shall deliver to Landlord a lien and completion bond in the amount of one hundred fifty percent (150%) of the cost of such work. Tenant will, upon completion, deliver to Landlord a copy of a recorded Notice of Completion and appropriate lien releases relative to improvements made by ▇▇▇▇▇▇. None of Tenant’s Work shall result in any mechanic’s lien being recorded against the Project/Building. (l) All such alterations, additions, improvements and changes shall be considered improvements to the Premises and shall not be removed by Tenant, but shall be deemed attached to the realty and become a part of the Premises upon installation and shall become the property of Landlord upon expiration of the Lease term or upon sooner termination of this Lease, except for those alterations, additions, improvements and changes which Landlord demands be removed pursuant to Section 10.2. All alterations, additions, improvements, and changes shall be performed and done strictly in accordance with the laws and ordinances relating thereto. (m) Landlord shall have the right but not the obligation to perform, on behalf of and for the account of Tenant, subject to reimbursement of the cost thereof by ▇▇▇▇▇▇, any and all of the Tenant’s Work which Landlord determines, in its sole discretion, should be performed immediately and on an emergency basis for the best interest of the Project/Building, including without limitation, work which pertains to structural components, mechanical, sprinkler and general utility systems, roofing and removal of unduly accumulated construction material and debris. (n) Tenant shall provide and pay for all temporary utility facilities, and the removal of debris, as necessary and required in connection with the construction of the Premises. Storage of Tenant’s contractors’ construction material, tools, equipment and debris shall be confined to the Premises and in areas which may be designated for such purposes by Landlord. In no event shall any material or debris be stored on the sidewalks or service and exit corridors. During construction, Tenant shall maintain such barricades, fences or other measures as may be necessary to insure the security of the Premises and to prevent unauthorized persons from entering the Premises or any persons suffering any injury. (o) Tenant shall cause reproducible “As-Built Drawings” to be delivered to Landlord and/or Landlord’s representative no later than thirty (30) days after the completion of the Tenant’s Work or any alterations, additions or improvements which affect permitted by Landlord in accordance with the structure terms of this Lease. In the Building or which decrease the square footage of the Building or which reduce the value of the Premisesevent these drawings are not received by such date, in each case without the prior written consent of Landlord may, at its election, cause said drawings to be obtained and Tenant shall pay to Landlord, which consent shall not be unreasonably withheldas additional rental, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end cost of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinproducing these drawings.

Appears in 1 contract

Sources: Gross Lease Agreement

Alterations, Additions, and Improvements. Tenant shall not create any openings in the roof or exterior walls, or make any alterations, additions or improvements which affect to the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premises, in each case demised premises without the prior written consent of Landlord. Consent for non-structural alterations, which consent additions or improvements shall not be unreasonably withheldwithheld by Landlord. Tenant shall have the right, conditioned without the prior consent of Landlord, to erect or delayed. Notwithstanding the aboveinstall shelves, bins, machinery, air conditioning or heating equipment and trade fixtures, provided that Tenant complies with all Legal Requirements in connection therewithapplicable governmental laws, ordinances and regulations. 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 good and workmanlike manner any damages caused by installation or removal thereof. Tenant shall pay for all times to make all other costs incurred or arising out of alterations, additions or improvements in or to the Building without demised premises and shall not permit a mechanic's or materialman's lien to be asserted against the demised premises. Upon request by Landlord’s prior written approval. , Tenant shall not be required deliver to restore Landlord proof of payment reasonably satisfactory to Landlord of all costs incurred or arising out of any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All such alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”improvements. All alterations, additions or improvements made by Tenant which are permanently attached in or to and made part of the Premises demised premises shall become the property of Landlord at the expiration or termination of this lease; however, Landlord may direct the Termremoval of alteration, except for signsadditions or improvements by giving written notice to Tenant prior to the expiration or termination of this lease. At the direction of Landlord, trade fixturesTenant shall promptly remove all alterations, furnishingsadditions and improvements and any other property placed in the demised premises by Tenant, machinery and equipment used Tenant shall repair in or on the Premises a good and furnished by Tenant which Tenant may remove, provided Tenant repairs workmanlike manner any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinsuch removal.

Appears in 1 contract

Sources: Commercial Lease Agreement (Inspire Insurance Solutions Inc)

Alterations, Additions, and Improvements. (a) Tenant shall not make any alterations, additions or improvements which affect the structure of the Building or which decrease the square footage of the Building or which reduce the value of the Premisesadditions, in each case without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building Premises without Landlord’s prior written approvalconsent. Landlord may require Tenant to provide demolition, lien, payment and/or completion bonds in form and amount satisfactory to Landlord. Tenant shall not be required to restore promptly remove any alterations alterations, additions, or additions permitted under improvements constructed in violation of this paragraph to the Premises or remove improvements at the end of the TermSection upon Landlord’s written request. All alterations, additions additions, and improvements permitted under this paragraph or consented to shall be done in writing a good and workmanlike manner, in conformity with all applicable laws and regulations, and by Landlord are referred to as “Permitted Alterations”a contractor approved by Landlord. All alterationsUpon completion of any such work, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall payprovide Landlord with “as built” plans, copies of all construction contracts, copies of all building permits and approvals and proof of payment for all labor and materials. (b) Tenant shall pay when due, due all claims for labor or materials furnished or alleged to have been and material furnished to the Premises at Tenant’s request or for which Tenant for use in is responsible under this Lease. Tenant shall give Landlord at least twenty (20) days’ prior written notice of the commencement of any work on the Premises, which claims are regardless of whether Landlord’s consent to such work is required. Landlord shall have no responsibility for paying for any such work whether consented to by Landlord or may not. (c) Tenant shall not permit the lien of any contractor, subcontractor, mechanic, materialman, laborer, architect or any other person or entity arising out of work, material or services performed, supplied or contracted for by Tenant or those claiming by, through or under Tenant to be secured by any mechanics’ or materialmenremain a lien upon the leasehold or the Premises beyond thirty (30) days after such line attaches unless Tenant bonds off such liens. Tenant shall reimburse Landlord upon demand for all reasonable attorney’s fees and expenses Landlord incurs in the event a mechanic’s lien is filed against either the Premises leasehold or any interest thereinthe Premises. (d) and (e) are set forth in Addendum No. 1.

Appears in 1 contract

Sources: Lease (Cuisine Solutions Inc)

Alterations, Additions, and Improvements. Tenant shall not make any LESSEE has accepted LEASED PREMISES “As Is” in its current condition. LESSEE has requested and has received the prior written approval of LESSOR to make, entirely at LESSEE’S expense, alterations, additions or improvements which affect in and to the structure of Leased Premises and buildings. Any such alteration, addition or improvement is being and shall continue to be performed in a workmanlike manner, in accordance with all applicable governmental regulations and requirements, and shall not weaken or impair the Building structural strength or which decrease the square footage of the Building or which reduce lessen the value of the PremisesLeased Premises or buildings. All improvements are being and will continue to be paid for by LESSEE. Improvements to the Leased Premises shall comply with applicable laws, in each case without regulations and codes and shall only be made with the prior written consent approval of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the TermLESSOR. All alterations, additions and improvements permitted under this paragraph on or consented in the Leased Premises prior to in writing by Landlord are referred to as “Permitted Alterations”LESSEE’S occupancy shall remain property of LESSOR. All alterations, additions improvements that are affixed or improvements made by Tenant which are permanently attached to the Leased Premises including buildings and made part fixtures installed by LESSEE at any time before or after LESSEE’S occupancy of the Leased Premises shall become be LESSOR’S property. All improvements installed by LESSEE on or in the property of Landlord Leased Premises at the expiration 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 Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby State Public Works Board (reasonable and ordinary wear and tear exceptedSPWB). For federal income tax purposesUpon cancellation or termination of this Lease, Tenant’s signs, trade fixtures LESSEE will remove their property at LESSEE’S sole expense and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged remove any improvements pursuant to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereincondition 4a.

Appears in 1 contract

Sources: Lease Agreement

Alterations, Additions, and Improvements. 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 additions, or improvements which affect the structure of the Building in or which decrease the square footage of the Building or which reduce the value of to the Premises, including, without limitation, any apertures in each case the walls, partitions, ceilings or floors (collectively, “Alterations”) without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Any such work so approved by Landlord shall be performed only in accordance with plans and specifications approved by Landlord. Notwithstanding the aboveforegoing, Tenant shall not without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion, perform any work in or to the Premises that would (i) in any manner affect any structural component of the 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 provided 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. Tenant complies 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 a good and workmanlike manner employing materials of good quality and so as to conform with all Legal Requirements applicable zoning, 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 connection therewitheither case, in the amount, form and substance 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. Tenant shall 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 $1,000,000 and shall submit certificates evidencing such coverage to Landlord, upon Landlord’s request. Tenant shall 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 work of 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 times to make construction contracts and proof of payment for all other alterationslabor and materials. Tenant, additions at the time it requests approval for any proposed Alterations, may request in writing that Landlord advise Tenant whether such Alterations or improvements any portion thereof must be removed on or prior to the Building without Landlord’s prior written approvalExpiration Date, or earlier termination of the Lease. Landlord shall respond within ten (10) days of such request, or shall be deemed to have advised Tenant that such Alteration must be removed upon the Expiration Date or earlier termination of this Lease; provided, however, that Tenant shall not be required to restore any alterations or additions permitted under this paragraph remove (i) the Initial Improvements itemized as 1 through 4, inclusive, on Exhibit B-1, (ii) the Initial Improvements itemized as 5 on Exhibit B-1, to the Premises extent that the same are Usual Office Improvements (defined below), or remove (iii) any usual office improvements at such as gypsum board, partitions, ceiling grids and 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 end contrary contained in this Lease, Landlord’s consent shall not be required in connection with an Alteration that (i) will not affect the systems or structure of the Term. All alterationsBuilding, additions and improvements permitted under this paragraph (ii) will not require work to be performed inside the walls or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part above the ceiling of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are (iii) will not diminish the value of the Premises, and (iv) will not cost in excess of $25,000.00 in any single Alteration or may be secured by any mechanics’ or materialmen’s lien against $100,000.00 in the Premises or any interest thereinaggregate.

Appears in 1 contract

Sources: Lease Agreement (Bluestem Brands, Inc.)

Alterations, Additions, and Improvements. Except for the Tenant Improvements, Tenant shall not make any alterations, additions or improvements which affect improvements, structural or otherwise (the structure "Alterations") in or to the Premises without Landlord's prior written consent. 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 copy of the Building plans and specifications for the Alterations prior to commencing construction. All Alterations shall be made promptly, in a workmanlike manner, paid for by Tenant allowing no liens to attach either to the Premises or which decrease to Tenant's leasehold interest, and so as not to unreasonably disturb or inconvenience other tenants in the square footage 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 Landlord. Unless otherwise noted in Landlord's written approval of the Building or which reduce Alteration, any Alteration shall remain and be surrendered with the value Premises on expiration of the PremisesLease. If ▇▇▇▇▇▇▇▇'s approval of the Alteration provides that the Alteration is not to be surrendered, Tenant, at its sole cost, shall remove that Alteration which is not to remain and shall repair all damage to the Premises caused by that removal. This obligation shall survive a termination of the Lease. Notwithstanding anything in each case without this Lease to the prior written consent contrary, Tenant shall be responsible for any ad valorem taxes or increase therein resulting from Alterations made by or at the direction of LandlordTenant. The Landlord consents/approvals required under Section 7, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs any damage to the Premises caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein.

Appears in 1 contract

Sources: Lease Agreement (Larscom Inc)

Alterations, Additions, and Improvements. Tenant shall Lessee covenants and agrees not to permit the Premises to be used for any purpose other than that stated in Paragraph 9(a) hereof, or make or allow to be made any alterations, alterations or physical additions in or improvements which affect the structure of the Building or which decrease the square footage of the Building or which reduce the value of to the Premises, or place any signs other than exterior building and monument signage as stated in each case Paragraph 10(g) on the Premises 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 Landlord, which consent Lessor. Lessee shall not allow any liens to be unreasonably withheldfiled against the property and shall promptly release any such liens filed against the property. Except as provided herein, conditioned any and all such alterations, physical additions or delayedimprovements made to the Premises by ▇▇▇▇▇▇ shall at once become the property of Lessor and shall be surrendered to Lessor upon the 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. Notwithstanding If not in default at the abovetermination of this Lease, Lessee may remove and provided Tenant complies with retain as ▇▇▇▇▇▇’s property all Legal Requirements in connection therewithsuch fixtures, Tenant 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 be repaired at Lessee’s expense. Upon written request by Lessor, Lessee shall 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 shall have the right at all times to make all other alterations, additions or improvements remove same and to the Building without Landlord’s prior written approval. Tenant shall not be required to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements made by Tenant which are permanently attached to and made part of the Premises shall become the property of Landlord at the expiration of the Term, except for signs, trade fixtures, furnishings, machinery and equipment used in or on the Premises and furnished by Tenant which Tenant may remove, provided Tenant repairs repair any damage caused by such removal, and Lessee shall be obligated to pay the Premises caused thereby (reasonable cost of such removal and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinrepair.

Appears in 1 contract

Sources: Lease Agreement (Bankrate, Inc.)

Alterations, Additions, and Improvements. (a) Tenant shall not will have the right to remodel and make any alterations, additions additions, or improvements which affect (collectively, “Improvements”) in or to the structure Property, including but not limited to (i) installation of the Building or which decrease the square footage of the Building or which reduce the value of the Premisesa security system meeting Tenant’s requirements and (ii) Improvements consistent with Tenant’s prototype improvements for its business operations and/or branding, in each case without the prior written consent of Landlord. Notwithstanding the foregoing, Tenant will not remodel or make any Improvements to the Property that will expand or decrease the “footprint” of the Building or otherwise modify the load-bearing structural components of the Building (other than as expressly permitted elsewhere in this Lease) without Landlord’s prior written consent, which consent shall will not be unreasonably withheld, conditioned conditioned, or delayed. Notwithstanding the above. (b) All Improvements by Tenant must be made in a good and workmanlike manger using all new materials and in compliance with all laws, ordinances, and provided Tenant complies with all Legal Requirements in connection therewith, Tenant shall have governmental regulations affecting the right at all times to make all other alterations, additions or improvements to the Building without Landlord’s prior written approvalProperty. Tenant shall not be required is responsible, at Tenant’s expense for all permits and inspections relating to restore any alterations or additions permitted under this paragraph to the Premises or remove improvements at the end of the Term. such Improvements. (c) All alterations, additions and improvements permitted under this paragraph or consented to in writing by Landlord are referred to as “Permitted Alterations”. All alterations, additions or improvements Improvements made by Tenant which are permanently attached to and made part of the Premises shall ▇▇▇▇▇▇ will at once become the property of Landlord at and will be surrendered to Landlord upon the termination or expiration of this Lease; provided however that in the Termevent Tenant intends to make Improvements that it does not intend to surrender upon termination or expiration of this Lease, except for signsTenant has the right to notify Landlord of such decision prior to making the Improvements. In such event, trade fixturesTenant may, furnishingsat its option, machinery and equipment used in or on the Premises and furnished by remove such Improvements upon termination of this Lease, provided, that Tenant which Tenant may removewill make reasonable repairs, provided Tenant repairs any damage at Tenant’s expense, to the Premises Property for any physical injury caused thereby (reasonable and ordinary wear and tear excepted). For federal income tax purposes, Tenant’s signs, trade fixtures and furnishings are defined herein as equipment. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant for use in the Premises, which claims are or may be secured Property by any mechanics’ or materialmen’s lien against the Premises or any interest thereinremoval of such Improvements.

Appears in 1 contract

Sources: Lease Agreement