Common use of ALTERATIONS, ADDITIONS, IMPROVEMENTS Clause in Contracts

ALTERATIONS, ADDITIONS, IMPROVEMENTS. (a) Tenant will make no alteration, change, improvement, replacement or addition to the Premises (collectively, “Alterations”), without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed with respect to interior Alterations which will not affect, in any way, the mechanical, electrical, plumbing, HVAC, structural and/or fire and life safety components of the Building (“Non-Structural Alterations”). Landlord may, at its option, require Tenant to submit plans and specifications to Landlord for approval (such approval not to be unreasonably withheld or delayed) prior to commencing any Alterations. All Alterations (including any Non-Structural Alterations) shall be performed by union contractors approved by Landlord, which approval shall be granted or denied within five (5) Business Days after Landlord’s receipt of (i) Tenant’s written request for approval, (ii) certificates of insurance for each such union contractor evidencing the insurance required by this Section 15(a), and (iii) a project directory. All Alterations shall be done in a good and workmanlike manner, in compliance with all applicable laws, including, but not limited to, Title III of The Americans With Disabilities Act of 1990 or any applicable local or state Law regarding handicapped access (collectively, the “Disability Laws”) and in accordance with Landlord’s sustainability practices (of which Tenant has received prior written notice) under any so-called green/LEED program(s) undertaken or maintained by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant’s ability to complete and pay for the completion of the Tenant Alterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations, Tenant shall deliver to Landlord an as-built mylar and digitized (if available) set of plans and specifications for the Tenant Alterations. Tenant shall require that any contractors used by Tenant carry a comprehensive liability (including builder’s risk) insurance policy in such amounts as Landlord may reasonably require and provide proof of such insurance to Landlord prior to the commencement of any Alterations and Tenant shall require that any contractors used by Tenant comply with such rules and regulations imposed by Landlord from time to time, including such rules and regulations related to so-called green/LEED program(s) undertaken or maintained by Landlord. TENANT SHALL INDEMNIFY AND HOLD LANDLORD AND LANDLORD RELATED PARTIES HARMLESS FROM, AND REIMBURSE LANDLORD FOR AND WITH RESPECT TO, ANY AND ALL COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), DEMANDS, CLAIMS, CAUSES OF ACTION AND LIENS ARISING FROM AND IN CONNECTION WITH ANY ALTERATIONS PERFORMED BY TENANT, EXCEPT TO THE EXTENT RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD. All persons performing work in the Building at the request of Tenant shall register with the Building manager prior to initiating any work. Upon completion of any Alterations, Tenant shall provide Landlord with a copy of its building permit, final inspection tag and, if plans and specifications were required by Landlord, final “as built” plans and specifications, together with evidence of the lien-free completion of such Alterations. Except for the Tenant Improvements (which shall be governed by the Tenant Improvements Agreement [if any]), all Alterations now or hereafter placed or constructed on the Premises at the request of Tenant shall be at Tenant’s cost. If Tenant performs such Alterations, an amount equal to ten percent (10%) of the estimated cost of such Alterations shall be deposited with Landlord within ten (10) days following Tenant’s receipt of an invoice from Landlord and upon Tenant completing all “punch list” items with respect to such Alterations, such retained amount will be returned to Tenant when all such punch list items are completed lien-free and to Landlord’s satisfaction. Tenant shall pay to Landlord a construction supervision fee equal to five percent [5%] of the hard costs of the Alterations with respect to any Alterations (other than Permitted Alterations). Notwithstanding the foregoing, Tenant may make alterations (collectively, the “Permitted Alterations”) of a purely non-structural, decorative nature without Landlord’s prior written consent if Tenant provides Landlord with reasonable prior notice of such alterations and with plans and specifications for such alterations (if such plans and specifications were required to be submitted by Landlord for its approval as provided herein) and such alterations (a) do not require the issuance of a building permit, (b) do not exceed $25,000.00 in cost, and (c) do not affect the base building mechanical, electrical, plumbing, HVAC and/or fire and life safety systems or equipment in the Building.

Appears in 3 contracts

Samples: Office Lease Agreement, Office Lease Agreement (Aptinyx Inc.), Office Lease Agreement (Aptinyx Inc.)

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ALTERATIONS, ADDITIONS, IMPROVEMENTS. (a) Tenant will shall not make no alterationany alterations, changeadditions, improvement, replacement or addition improvements to the Premises (collectively, “Alterations”), without the prior written consent of Landlord, which consent shall not unreasonably be withheld. Landlord shall not be unreasonably withheldrequired to notify Tenant as to whether it consents to any proposed alteration, conditioned addition, or delayed with respect to interior Alterations which will not affect, in any way, the mechanical, electrical, plumbing, HVAC, structural and/or fire and life safety components of the Building (“Non-Structural Alterations”). improvement until Landlord may, at its option, require Tenant to submit has 1) received completed plans and specifications for the proposed alteration, addition, or improvement, which plans are sufficiently detailed to Landlord for approval (such approval not allow construction of the work depicted to be unreasonably withheld or delayed) prior to commencing any Alterations. All Alterations (including any Non-Structural Alterations) shall be performed by union contractors approved by Landlord, which approval shall be granted or denied within five (5) Business Days after Landlord’s receipt of (i) Tenant’s written request for approval, (ii) certificates of insurance for each such union contractor evidencing the insurance required by this Section 15(a), and (iii) a project directory. All Alterations shall be done in a good and workmanlike manner, in compliance 2) received completed cost estimates for the proposed alteration, addition, or improvement, and 3) had a reasonable opportunity (not to exceed 30 days) to review said plans and specifications and cost estimates. If the proposed alteration, addition, or improvement will affect the Project's Structure, HVAC system, or mechanical, electrical, or plumbing systems, then the plans and specifications must be prepared by a licensed engineer reasonably acceptable to Landlord. Landlord's approval of any plans and specifications shall not be a representation that the plans or the work depicted will comply with all applicable laws, includinglaw or be adequate for any purpose, but not limited to, Title III of The Americans With Disabilities Act of 1990 or any applicable local or state Law regarding handicapped access (collectively, the “Disability Laws”) and in accordance with shall merely be Landlord’s sustainability practices (of which Tenant has received prior written notice) under any so-called green/LEED program(s) undertaken or maintained by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant’s ability 's consent to complete and pay for the completion performance of the Tenant Alterations such as a performance bond or letter of creditwork. Upon completion of the Tenant Alterationsany alteration, addition, or improvement, Tenant shall deliver to Landlord an as-built mylar accurate, reproducible, "as built" plans for same. Tenant may without Landlord's consent erect shelves, bins, machinery, and digitized trade fixtures provided that such items 1) do not alter the basic character of the Premises or the Project, 2) do not overload or damage the Project's Structure, and 3) may be removed without damage to the Premises. Unless Landlord specifies in writing otherwise, all physically attached alterations, additions, and improvements shall be Landlord's property when installed in the Premises. All work performed by Tenant in the Premises (if availableincluding that relating to the installation, repair, replacement, or removal of any item) set of plans shall be performed in accordance with applicable law and with Landlord's specifications for and requirements, in a good and workmanlike manner, and so as not to damage or alter the Tenant AlterationsProject's Structure or the Premises. Tenant shall require that any contractors used by Tenant carry a comprehensive liability (including builder’s risk) insurance policy pay all costs incurred or arising out of all alterations, additions, or improvements in such amounts as Landlord may reasonably require and provide proof of such insurance to Landlord prior or to the commencement of any Alterations Premises (unless the parties have agreed to the contrary in an Exhibit "C" to the Lease), and Tenant shall require that any contractors used by Tenant comply with such rules and regulations imposed by Landlord from time not permit a mechanics' or materialmen's lien to time, including such rules and regulations related to so-called green/LEED program(s) undertaken or maintained be asserted against the Premises. Upon request by Landlord. TENANT SHALL INDEMNIFY AND HOLD LANDLORD AND LANDLORD RELATED PARTIES HARMLESS FROM, AND REIMBURSE LANDLORD FOR AND WITH RESPECT TO, ANY AND ALL COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), DEMANDS, CLAIMS, CAUSES OF ACTION AND LIENS ARISING FROM AND IN CONNECTION WITH ANY ALTERATIONS PERFORMED BY TENANT, EXCEPT TO THE EXTENT RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD. All persons performing work in the Building at the request of Tenant shall register with the Building manager prior to initiating any work. Upon completion of any Alterations, Tenant shall provide deliver to Landlord proof of payment reasonably satisfactory to Landlord of all costs incurred or arising out of any alterations, additions, or improvements. In connection with a copy of its building permitany such alterations, final inspection tag andadditions, if plans and specifications were required by Landlordor improvements, final “as built” plans and specifications, together with evidence of the lien-free completion of such Alterations. Except for the Tenant Improvements (which shall be governed by the Tenant Improvements Agreement [if any]), all Alterations now or hereafter placed or constructed on the Premises at the request of Tenant shall be at Tenant’s cost. If Tenant performs such Alterations, an amount equal to ten percent (10%) of the estimated cost of such Alterations shall be deposited with Landlord within ten (10) days following Tenant’s receipt of an invoice from Landlord and upon Tenant completing all “punch list” items with respect to such Alterations, such retained amount will be returned to Tenant when all such punch list items are completed lien-free and to Landlord’s satisfaction. Tenant shall pay to Landlord a construction supervision an administration fee equal to of five percent [5%] of the hard all costs of the Alterations with respect to any Alterations (other than Permitted Alterations). Notwithstanding the foregoing, Tenant may make alterations (collectively, the “Permitted Alterations”) of a purely non-structural, decorative nature without Landlord’s prior written consent if Tenant provides Landlord with reasonable prior notice of such alterations and with plans and specifications incurred for such alterations (if such plans and specifications were required to be submitted by Landlord for its approval as provided herein) and such alterations (a) do not require the issuance of a building permit, (b) do not exceed $25,000.00 in cost, and (c) do not affect the base building mechanical, electrical, plumbing, HVAC and/or fire and life safety systems or equipment in the Buildingwork.

Appears in 2 contracts

Samples: Lease Agreement (Ebaseone Corp), Lease Agreement (Ebaseone Corp)

ALTERATIONS, ADDITIONS, IMPROVEMENTS. 14.1 Certain improvements (athe “Tenant’s Improvements”) Tenant will make no alteration, change, improvement, replacement or addition to the Premises (collectively, “Alterations”), without may from time to time be required for the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed with respect to interior Alterations which will not affect, in any way, the mechanical, electrical, plumbing, HVAC, structural and/or fire and life safety components of the Building (“Non-Structural Alterations”). Landlord may, at its option, require Tenant to submit plans and specifications to Landlord for approval (such approval not to be unreasonably withheld or delayed) prior to commencing any Alterations. All Alterations (including any Non-Structural Alterations) shall be performed by union contractors approved by Landlord, which approval shall be granted or denied within five (5) Business Days after Landlord’s receipt of (i) Tenant’s written request for approval, (ii) certificates of insurance for each such union contractor evidencing the insurance required by this Section 15(a), and (iii) a project directory. All Alterations shall be done in a good and workmanlike manner, in compliance with all applicable laws, including, but not limited to, Title III of The Americans With Disabilities Act of 1990 or any applicable local or state Law regarding handicapped access (collectively, the “Disability Laws”) and in accordance with Landlord’s sustainability practices (of which Tenant has received prior written notice) under any so-called green/LEED program(s) undertaken or maintained by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence operations of Tenant’s ability to complete business. The parties acknowledge that Tenant and pay for its affiliates are engaged in the completion construction business and that some or all of the Tenant Alterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations, Tenant shall deliver to Landlord an as-built mylar and digitized (if available) set of plans and specifications for the Tenant Alterations. Tenant shall require that any contractors used Tenant’s Improvements may be constructed by Tenant carry a comprehensive liability (including builder’s risk) insurance policy or its affiliates. Except as set forth in such amounts as Landlord may reasonably require and provide proof of such insurance to Landlord Section 14.2, prior to the commencement of any Alterations and Tenant shall require that any contractors used by Tenant comply with such rules and regulations imposed by Landlord from time to time, including such rules and regulations related to so-called green/LEED program(s) undertaken or maintained by Landlord. TENANT SHALL INDEMNIFY AND HOLD LANDLORD AND LANDLORD RELATED PARTIES HARMLESS FROM, AND REIMBURSE LANDLORD FOR AND WITH RESPECT TO, ANY AND ALL COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), DEMANDS, CLAIMS, CAUSES OF ACTION AND LIENS ARISING FROM AND IN CONNECTION WITH ANY ALTERATIONS PERFORMED BY TENANT, EXCEPT TO THE EXTENT RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD. All persons performing work in the Building at the request of Tenant shall register with the Building manager prior to initiating any work. Upon completion of any AlterationsTenant’s Improvements, Tenant shall will provide Landlord with a copy of “work letter” which describes Tenant’s Improvements, identifies any work to be performed by Tenant or its building permitaffiliates, final inspection tag and, if plans and specifications were required by Landlord, final “as built” plans and specifications, together with evidence provides a detailed breakdown of the lien-free completion anticipated costs for each component of such Alterations. Except for the Tenant Improvements (which shall be governed by the Tenant Improvements Agreement [if any]), all Alterations now or hereafter placed or constructed on the Premises at the request of Tenant shall be at Tenant’s costImprovements, financial security for any costs, and provides such other information as Landlord may reasonably require. Tenant will not commence Tenant’s Improvements without the written approval of Landlord. Landlord will not unreasonably withhold, condition or delay its approval. If Tenant performs such Alterations, an amount equal Landlord fails to ten percent (10%) send written notice of the estimated cost of such Alterations shall be deposited with Landlord disapproval within ten (10) days following Tenant’s receipt of an invoice from Landlord and upon after Tenant completing all “punch list” items with respect to such Alterations, such retained amount will be returned to Tenant when all such punch list items are completed lien-free and to requests Landlord’s satisfactionconsent under this Lease, then Landlord shall be deemed to have approved the request. Tenant shall pay to Landlord a construction supervision fee equal to five percent [5%] of the hard be responsible for all costs of Tenant’s Improvements. Tenant shall be responsible for, and shall obtain in a timely fashion, all permits associated with such improvements. Tenant shall have the Alterations right to remove any such alterations or modifications if Tenant restores in all material respects the area damaged in connection with respect such removal. If Landlord fails to any Alterations send written notice of disapproval within ten (other than Permitted Alterations). Notwithstanding the foregoing, 10) days after Tenant may make alterations (collectively, the “Permitted Alterations”) of a purely non-structural, decorative nature without requests Landlord’s prior written consent if Tenant provides under this Lease, then Landlord with reasonable prior notice of such alterations and with plans and specifications for such alterations (if such plans and specifications were required shall be deemed to be submitted by Landlord for its approval as provided herein) and such alterations (a) do not require have approved the issuance of a building permit, (b) do not exceed $25,000.00 in cost, and (c) do not affect the base building mechanical, electrical, plumbing, HVAC and/or fire and life safety systems or equipment in the Buildingrequest.

Appears in 2 contracts

Samples: Equity Purchase Agreement (Infrastructure & Energy Alternatives, Inc.), Equity Purchase Agreement (Infrastructure & Energy Alternatives, Inc.)

ALTERATIONS, ADDITIONS, IMPROVEMENTS. (a) Tenant will make no alteration, change, improvement, replacement or addition to the Premises (collectively, “Alterations”), without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed withheld with respect to interior Alterations which will not affect, in any way, the mechanical, electrical, plumbing, HVAC, structural and/or fire and life safety components of the Building (“Non-Structural Alterations”). Landlord may, at its option, require Tenant to submit plans and specifications to Landlord for approval (such approval not to be unreasonably withheld or delayed) prior to commencing any Alterations. All Alterations (including any other than Non-Structural Alterations) shall be performed by union contractors approved by Landlord, which approval shall be granted or denied within five (5) Business Days after a contractor on Landlord’s receipt approved list (a copy of (i) Tenant’s written request for approval, (ii) certificates of insurance for each such union contractor evidencing which may be obtained from the insurance required by this Section 15(aBuilding manager), and (iii) a project directory. All Alterations shall be done in a good and workmanlike manner, manner and in compliance with all applicable lawslaws and ordinances, including, but not limited to, Title III of The Americans With Disabilities Act of 1990 or any applicable local or state Law regarding handicapped access Tex. Civ. Stat. Axx. art. 9102 (collectively, the “Disability Laws”) and in accordance with Landlord’s sustainability practices (of which Tenant has received prior written notice) under any so-called green/LEED program(s) undertaken or maintained by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant’s ability to complete and pay for the completion of the Tenant Alterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations, Tenant shall deliver to Landlord an as-built mylar and digitized (if available) set of plans and specifications for the Tenant AlterationsTexas Architectural Barriers Statute. Tenant shall require that any contractors used by Tenant carry a comprehensive liability (including builder’s risk) insurance policy in such amounts as Landlord may reasonably require and provide proof of such insurance to Landlord prior to the commencement of any Alterations and Tenant shall require that any contractors used by Tenant comply with such rules and regulations imposed by Landlord from time to time, including such rules and regulations related to so-called green/LEED program(s) undertaken or maintained by LandlordAlterations. TENANT SHALL INDEMNIFY AND HOLD LANDLORD AND LANDLORD RELATED PARTIES HARMLESS FROM, AND REIMBURSE LANDLORD FOR AND WITH RESPECT TO, ANY AND ALL COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), DEMANDS, CLAIMS, CAUSES OF ACTION AND LIENS ARISING FROM AND IN CONNECTION WITH ANY ALTERATIONS PERFORMED BY TENANT, EXCEPT TO THE EXTENT RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD. All persons performing work in the Building at the request of Tenant shall register with the Building manager prior to initiating any work. Upon completion of any Alterations, Tenant shall provide Landlord with a copy of its building permit, final inspection tag and, if plans and specifications were required by Landlord, final “as built” plans and specifications, together with evidence of the lien-free completion of such Alterations. Except for the Tenant Improvements (which shall be governed by the Tenant Improvements Agreement [if any])Finish Out Work described on Exhibit “D” hereto, all Alterations now or hereafter placed or constructed on the Premises at the request of Tenant shall be at Tenant’s cost. If Tenant Landlord performs such AlterationsAlterations on Tenant’s behalf, an amount equal to ten percent (10%) of the estimated cost of such Alterations (plus a construction management fee equal to five percent [5%] of hard costs) shall be deposited with payable as additional Rent by Tenant to Landlord within ten (10) days following Tenant’s receipt of an invoice from Landlord and upon Tenant completing all “punch list” items with respect to such Alterations, such retained amount will be returned to Tenant when all such punch list items are completed lien-free and to Landlord’s satisfaction. Tenant shall pay to Landlord a construction supervision fee equal to five percent [5%] of the hard costs of the Alterations with respect to any Alterations (other than Permitted Alterations). Notwithstanding the foregoing, Tenant may make alterations (collectively, the “Permitted Alterations”) of a purely non-structural, decorative nature without Landlord’s prior written consent if Tenant provides Landlord with reasonable prior notice of such alterations and with plans and specifications for such alterations (if such plans and specifications were required to be submitted by Landlord for its approval as provided herein) and such alterations (a) do not require the issuance of a building permit, (b) do not exceed $25,000.00 in cost, and (c) do not affect the base building mechanical, electrical, plumbing, HVAC and/or fire and life safety systems or equipment in the Building.

Appears in 1 contract

Samples: Office Lease Agreement (Masergy Communications Inc)

ALTERATIONS, ADDITIONS, IMPROVEMENTS. (aExcept as provided in Subsection 19(B) Tenant below, Lessee will not make no alteration, change, improvement, replacement or addition allow to be made any alteration or additions in or to the Demised Premises (collectively, “Alterations”), or the Building without the prior written consent of LandlordLessor, which consent shall not be unreasonably withheld, conditioned conditioned, or delayed with respect to interior Alterations delayed; except that Lessee may make non-structural alterations which will not affect, in any way, have no impact or affect on the Building’s mechanical, electricalelectrical and plumbing systems, plumbingsecurity systems, HVAC, structural and/or fire and or life safety components systems without the consent of Lessor. Such alterations, physical additions, or improvements when made to the Demised Premises or Building (“Non-Structural Alterations”). Landlord may, at its option, require Tenant to submit plans and specifications to Landlord for approval (such approval not to be unreasonably withheld or delayed) prior to commencing any Alterations. All Alterations (including any Non-Structural Alterations) by Lessee shall be performed by union contractors approved by Landlord, which approval shall be granted or denied within five (5) Business Days after Landlord’s receipt of (i) Tenant’s written request for approval, (ii) certificates of insurance for each such union contractor evidencing the insurance required by this Section 15(a), and (iii) a project directory. All Alterations shall be done in a good and workmanlike manner, in compliance with all applicable laws, including, but not limited to, Title III of The Americans With Disabilities Act of 1990 or any applicable local or state Law regarding handicapped access (collectively, the “Disability Laws”) and constructed in accordance with Landlordthe Contractor Rules & Regulations attached hereto as Exhibit D-1. All alterations, physical additions or improvements shall be surrendered to Lessor and become the property of Lessor upon termination in any manner of this Lease, but this clause shall not apply to moveable non-attached fixtures, equipment or furniture of Lessee. If any mechanic’s sustainability practices lien is filed against the Demised Premises or the Building as a result of any act or omission by Lessee, its agents, employees or invitees, Lessee shall cause same to be discharged of record within thirty (30) days after the lien is filed by payment, deposit, bond, order of which Tenant has received prior written notice) under any so-called green/LEED program(s) undertaken a court of competent jurisdiction or maintained by Landlordotherwise. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant’s ability to complete and pay Lessor shall not charge Lessee for the completion of the Tenant Alterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations, Tenant shall deliver to Landlord an as-built mylar and digitized (if available) set review of plans and specifications for the Tenant Alterationsor any inspections that Lessor deems necessary with regard to any future alterations. Tenant shall require that any contractors used by Tenant carry a comprehensive liability (including builder’s risk) insurance policy in such amounts as Landlord may reasonably require and provide proof of such insurance to Landlord prior Prior to the commencement of any Alterations construction by or on behalf of Lessee, Lessee must provide detailed construction “permit” drawings for Lessor’s review and Tenant shall require that written approval, as well as the appropriate insurance and permit documentation required by Lessor or by any contractors used by Tenant comply with governmental authority for all of such rules and regulations imposed by Landlord from time to time, including such rules and regulations related to so-called green/LEED program(s) undertaken or maintained by Landlordalterations. TENANT SHALL INDEMNIFY AND HOLD LANDLORD AND LANDLORD RELATED PARTIES HARMLESS FROM, AND REIMBURSE LANDLORD FOR AND WITH RESPECT TO, ANY AND ALL COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), DEMANDS, CLAIMS, CAUSES OF ACTION AND LIENS ARISING FROM AND IN CONNECTION WITH ANY ALTERATIONS PERFORMED BY TENANT, EXCEPT TO THE EXTENT RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD. All persons performing work in the Building at the request of Tenant shall register with the Building manager prior to initiating any work. Upon completion The approval of any Alterationsdesigns, Tenant plans or specifications required pursuant to this Section 7 or Section 19(B) below by Lessor shall provide Landlord with a copy of its building permit, final inspection tag and, if plans and specifications were required by Landlord, final “as built” plans and specifications, together with evidence of the lien-free completion of such Alterations. Except for the Tenant Improvements not (which shall a) be governed by the Tenant Improvements Agreement [if any]), all Alterations now or hereafter placed or constructed deemed to create any liability on the Premises at the request part of Tenant shall be at Tenant’s cost. If Tenant performs such AlterationsLessor, an amount equal to ten percent (10%) or any rights on behalf of the estimated cost of such Alterations shall be deposited with Landlord within ten (10) days following Tenant’s receipt of an invoice from Landlord and upon Tenant completing all “punch list” items any third party, with respect to such Alterationsdesigns, plans or specifications or be deemed an acknowledgement or representation that such retained amount will be returned to Tenant when all such punch list items are completed lien-free and to Landlord’s satisfaction. Tenant shall pay to Landlord a construction supervision fee equal to five percent [5%] of the hard costs of the Alterations with respect to any Alterations (other than Permitted Alterations). Notwithstanding the foregoingdesigns, Tenant may make alterations (collectively, the “Permitted Alterations”) of a purely non-structural, decorative nature without Landlord’s prior written consent if Tenant provides Landlord with reasonable prior notice of such alterations and with plans and specifications for such alterations (if such plans are in compliance with applicable legal requirements or good engineering, architectural or construction practices or be deemed a waiver of any obligation to provide improvements which meet specified standards of design, construction and specifications were required to be submitted by Landlord for its approval as provided herein) and such alterations (a) do not require the issuance of a building permitfinish, or (b) do not exceed $25,000.00 unless expressly and specifically authorized by Lessor, relieve Lessee of its obligation to cause such improvements to be completed in costaccordance with the approved designs, plans or specifications and (c) do not affect the base building mechanical, electrical, plumbing, HVAC and/or fire and life safety systems or equipment in the Buildingrequirements of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Kendle International Inc)

ALTERATIONS, ADDITIONS, IMPROVEMENTS. (a) Tenant will make no alteration, change, improvement, replacement or addition to the Premises (collectively, "Alterations"), without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed withheld with respect to interior Alterations which will not affect, in any way, the mechanical, electrical, plumbing, HVAC, structural and/or fire and life safety components of the Building (“Non-"Non Structural Alterations") and which do not exceed $30,000 in the aggregate or individually in any calendar year. Landlord will, within ten (10) Business Days following receipt of such request, notify Tenant in writing that Landlord either consents to the proposed Alterations or disapproves, in which case Landlord will set forth the reasons for its disapproval. Tenant may resubmit revised plans following a disapproval. Landlord will review and, within five (5) Business Days following receipt of such resubmission, notify Tenant in writing of Landlord's consent or further disapproval. In connection with its consent, Landlord will designate any portions of the approved Alterations which will be required to be restored at the end of the Lease Term ("Specialty Alterations"). Landlord may, at its option, require Tenant to submit plans and specifications to Landlord for approval (such approval not to be unreasonably withheld or delayed) prior to commencing any Alterations. All Alterations (including any Non-other than Non Structural Alterations) shall will be performed by union a contractor on Landlord's approved list (a copy of which may be obtained from the Building manager) or by the contractor that constructed the Initial Improvements. Landlord shall have the right to approve the architects, engineers, contractors approved by Landlord, which approval shall and all subcontractors that will be granted or denied within five (5) Business Days after Landlord’s receipt performing any portion of (i) Tenant’s written request the work for approval, (ii) certificates of insurance for each such union contractor evidencing the insurance required by this Section 15(a), and (iii) a project directoryAlterations. All Alterations shall will be done in a good and workmanlike manner, manner and in compliance with all applicable lawslaws and ordinances, including, but not limited to, Title III of The Americans With Disabilities Act of 1990 or any applicable local or state Law law regarding handicapped access including Chapter 469 of the Texas Government Code and rule and regulations promulgated thereunder by the Texas Department of Licensing and Regulation (collectively, the "Disability Laws") and in accordance with Landlord’s 's sustainability practices (of which Tenant has received prior written notice) under any so-called green/LEED program(s) undertaken or maintained by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant’s ability to complete and pay for the completion of the Tenant Alterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations, Tenant shall deliver to Landlord an as-built mylar and digitized (if available) set of plans and specifications for the Tenant Alterations. Tenant shall will require that any contractors used by Tenant carry a comprehensive liability (including builder’s 's risk) insurance policy in such amounts as Landlord may reasonably require and provide proof of such insurance to Landlord prior to the commencement of any Alterations and Tenant shall will require that any contractors used by Tenant comply with such rules and regulations imposed by Landlord from time to time, including such rules and regulations related to so-called green/LEED program(s) undertaken or maintained by Landlord. TENANT SHALL WILL INDEMNIFY AND HOLD LANDLORD AND LANDLORD RELATED PARTIES HARMLESS FROM, AND REIMBURSE LANDLORD FOR AND WITH RESPECT TO, ANY AND ALL COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), DEMANDS, CLAIMS, CAUSES OF ACTION AND LIENS ARISING FROM AND IN CONNECTION WITH ANY ALTERATIONS PERFORMED BY TENANT, EXCEPT TO THE EXTENT RESULTING FROM UNLESS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORDLANDLORD OR ANY LANDLORD RELATED PARTY. All persons performing work in the Building at the request of Tenant shall will register with the Building manager prior to initiating any work. Upon completion of any Alterations, Tenant shall will provide Landlord with a copy of its building permit, final inspection tag and, if plans and specifications were required by Landlord, final "as built" plans and specifications, together with evidence of the lien-lien free completion of such Alterations. Except for the Tenant Initial Improvements (which shall be governed by the Tenant Improvements Agreement [if any]Agreement), all Alterations now or hereafter placed or constructed on the Premises at the request of Tenant shall will be at Tenant’s 's cost. If Tenant Landlord performs such AlterationsAlterations on Tenant's behalf, an amount equal to ten percent (10%) of the estimated cost of such Alterations shall be deposited with Landlord within ten (10) days following Tenant’s receipt of an invoice from Landlord and upon Tenant completing all “punch list” items with respect to such Alterations, such retained amount will be returned to Tenant when all such punch list items are completed lien-free and to Landlord’s satisfaction. Tenant shall pay to Landlord plus a construction supervision management fee equal to five percent [5%] of the hard costs costs) will be payable as additional Rent by Tenant to Landlord within ten (10) days following Xxxxxx's receipt of the Alterations with respect to any Alterations (other than Permitted Alterations). Notwithstanding the foregoing, Tenant may make alterations (collectively, the “Permitted Alterations”) of a purely non-structural, decorative nature without an invoice from Landlord’s prior written consent if Tenant provides Landlord with reasonable prior notice of such alterations and with plans and specifications for such alterations (if such plans and specifications were required to be submitted by Landlord for its approval as provided herein) and such alterations (a) do not require the issuance of a building permit, (b) do not exceed $25,000.00 in cost, and (c) do not affect the base building mechanical, electrical, plumbing, HVAC and/or fire and life safety systems or equipment in the Building.

Appears in 1 contract

Samples: Office Lease Agreement (CarGurus, Inc.)

ALTERATIONS, ADDITIONS, IMPROVEMENTS. (a) Tenant will make no alteration, change, improvement, replacement improvements or addition to the Leased Premises (collectively, “Alterations”), without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed with respect to interior Alterations which . Landlord will not affect, in any way, unreasonably withhold or delay its approval for such items after first reviewing the mechanical, electrical, plumbing, HVAC, structural and/or fire and life safety components of the Building (“Non-Structural Alterations”). Landlord may, at its option, require Tenant to submit plans and specifications to Landlord for approval (such approval not to be unreasonably withheld or delayed) prior to commencing any Alterationsdepicting the improvements. All Alterations (including any Non-Structural Alterations) shall be performed by union contractors approved by The Tenant may, without the written consent of the Landlord, which approval shall be granted or denied within five (5) Business Days after Landlord’s receipt but at the sole cost and expense of (i) Tenant’s written request for approval, (ii) certificates of insurance for each such union contractor evidencing the insurance required by this Section 15(a), Tenant and (iii) a project directory. All Alterations shall be done in a good and workmanlike manner, erect and alter shelves, movable partitions, and trade fixtures and equipment as the Tenant may deem advisable so long as such activity does not alter the basic character of the building or improvements, and in compliance each case complying with all applicable governmental laws, ordinances, regulations and other applicable requirements. Tenant may remove its trade fixtures, office supplies, and moveable office furniture and equipment not attached to the Leased Premises provided such removal is made prior to the termination or expiration of the term, Tenant is not then in default in the timely performance of any obligation or covenant under this Lease, and Tenant promptly repairs all damage caused by such removal. All other property at the Leased Premises and any alteration or addition to the Leased Premises (including, but not limited to, Title III of The Americans With Disabilities Act of 1990 wall-to-wall carpeting, drywall partitions, paneling or any applicable local or state Law regarding handicapped access (collectively, the “Disability Laws”other wall covering) and any other article attached or affixed to the floor, wall or ceiling of the Leased Premises shall become the property of the Landlord and shall be surrendered with the Leased Premises as part thereof at the termination of this Lease, without payment or compensation therefore. If, however, Landlord so requests in accordance with Landlord’s sustainability practices (writing, Tenant will prior to vacating the premises upon the termination or expiration of which Tenant has received prior written notice) under this Lease, remove any so-called green/LEED program(s) undertaken and all alterations, additions, fixtures, equipment and property placed or maintained installed by Landlord. Landlord may, it in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant’s ability to complete Leased Premises and pay for the completion of the Tenant Alterations will repair any damage caused by such as a performance bond or letter of credit. Upon completion of the Tenant Alterations, Tenant shall deliver to Landlord an as-built mylar and digitized (if available) set of plans and specifications for the Tenant Alterations. Tenant shall require that any contractors used by Tenant carry a comprehensive liability (including builder’s risk) insurance policy in such amounts as Landlord may reasonably require and provide proof of such insurance to Landlord prior to the commencement of any Alterations and Tenant shall require that any contractors used by Tenant comply with such rules and regulations imposed by Landlord from time to time, including such rules and regulations related to so-called green/LEED program(s) undertaken or maintained by Landlord. TENANT SHALL INDEMNIFY AND HOLD LANDLORD AND LANDLORD RELATED PARTIES HARMLESS FROM, AND REIMBURSE LANDLORD FOR AND WITH RESPECT TO, ANY AND ALL COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), DEMANDS, CLAIMS, CAUSES OF ACTION AND LIENS ARISING FROM AND IN CONNECTION WITH ANY ALTERATIONS PERFORMED BY TENANT, EXCEPT TO THE EXTENT RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD. All persons performing work in the Building at the request of Tenant shall register with the Building manager prior to initiating any work. Upon completion of any Alterations, Tenant shall provide Landlord with a copy of its building permit, final inspection tag and, if plans and specifications were required by Landlord, final “as built” plans and specifications, together with evidence of the lien-free completion of such Alterations. Except for the Tenant Improvements (which shall be governed by the Tenant Improvements Agreement [if any]), all Alterations now or hereafter placed or constructed on the Premises at the request of Tenant shall be at Tenant’s cost. If Tenant performs such Alterations, an amount equal to ten percent (10%) of the estimated cost of such Alterations shall be deposited with Landlord within ten (10) days following Tenant’s receipt of an invoice from Landlord and upon Tenant completing all “punch list” items with respect to such Alterations, such retained amount will be returned to Tenant when all such punch list items are completed lien-free and to Landlord’s satisfaction. Tenant shall pay to Landlord a construction supervision fee equal to five percent [5%] of the hard costs of the Alterations with respect to any Alterations (other than Permitted Alterations). Notwithstanding the foregoing, Tenant may make alterations (collectively, the “Permitted Alterations”) of a purely non-structural, decorative nature without Landlord’s prior written consent if Tenant provides Landlord with reasonable prior notice of such alterations and with plans and specifications for such alterations (if such plans and specifications were required to be submitted by Landlord for its approval as provided herein) and such alterations (a) do not require the issuance of a building permit, (b) do not exceed $25,000.00 in cost, and (c) do not affect the base building mechanical, electrical, plumbing, HVAC and/or fire and life safety systems or equipment in the Buildingremoval.

Appears in 1 contract

Samples: Commercial Lease Agreement (La Rosa Holdings Corp.)

ALTERATIONS, ADDITIONS, IMPROVEMENTS. (a) Tenant will shall not make no alterationor allow to be made any alterations, change, improvement, replacement additions or addition improvements in or to the Premises (collectively, “Alterations”), ) without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheldwithheld provided the conditions set forth in clauses (a) through (f) are satisfied. All Alterations must: (a) comply with all applicable laws, conditioned ordinances, rules and regulations; (b) be compatible with the Design Manual and the Building, its architecture and its mechanical, electrical, HVAC and life safety systems; (c) not interfere with the use and occupancy of any other portion of the Building by any other tenant or delayed their invitees; (d) not affect the structural portions of the Building; (e) not, whether alone or taken together with respect other improvements, require the construction of any other improvements or alterations within the Building; and (f) not reduce the value of the Premises or increase the cost to interior Alterations which will not affectLandlord of reletting the Premises. Tenant acknowledges that, in performing its initial Alterations, Tenant will be changing from a single-tenant building to a multi-tenant building and Tenant shall be responsible for any waychanges or upgrades required by any applicable governmental authority in portions of the Building outside the Premises. Tenant must demonstrate to Landlord’s reasonable satisfaction that Tenant has sufficient funds to pay for all Alterations and Landlord may, in its discretion require Tenant to establish an escrow account to pay for the cost of any Alterations to ensure compliance with the terms of this Section and Section 6.7. In determining whether to consent to any proposed Alterations for which Xxxxxxxx’s consent is required, Landlord shall have the right to review plans and specifications for proposed Alterations, construction means and methods, the identity of any contractor or subcontractor to be employed on the work for Alterations, and the time for performance of such work. Tenant shall supply to Landlord any documents and information reasonably requested by Landlord in connection with any Alterations to the Premises. If Landlord’s consent is required for any proposed Alterations, Landlord may hire outside consultants to review such documents and information and Tenant shall reimburse Landlord for the reasonable, documented cost thereof as well as Landlord’s internal costs as an Extra Service subject to Section 5.4. All Alterations permitted hereunder shall be made and performed by Xxxxxx or, at Tenant’s election, by Landlord without cost or expense to Landlord and as an Extra Service; and if done by Xxxxxx then using contractors approved by Landlord in its sole discretion and Landlord may designate contractors for all mechanical, electrical, plumbing, HVAC, structural and/or fire and life safety components of the Building (“Non-Structural Alterations”)and structural work. Landlord may, at its option, require Tenant hereby approves DPR Construction for the initial alterations in the Premises prior to submit plans and specifications occupancy provided that DPR uses the construction team identified to Landlord for approval (such approval not to be unreasonably withheld or delayed) prior to commencing any Alterations. All Alterations (including any Nonin pre-Structural Alterations) shall be performed by union contractors approved by Landlord, which approval shall be granted or denied within five (5) Business Days after Landlord’s receipt of (i) Tenant’s written request for approval, (ii) certificates of insurance for each such union contractor evidencing the insurance required by this Section 15(a), and (iii) a project directory. All Alterations shall be done in a good and workmanlike manner, in compliance with all applicable laws, including, but not limited to, Title III of The Americans With Disabilities Act of 1990 or any applicable local or state Law regarding handicapped access (collectively, the “Disability Laws”) and in accordance with Landlord’s sustainability practices (of which Tenant has received prior written notice) under any so-called green/LEED program(s) undertaken or maintained by Landlordconstruction meetings. Landlord may, in may supervise and administer the exercise installation of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant’s ability to complete and pay for the completion of the Tenant Alterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations, Tenant shall deliver to Landlord an as-built mylar and digitized (if available) set of plans and specifications for the Tenant Alterations. Tenant shall require that any contractors used by Tenant carry a comprehensive liability (including builder’s risk) insurance policy in such amounts as Landlord may reasonably require and provide proof of such insurance to Landlord prior to the commencement of any Alterations and Tenant shall require that any contractors used by Tenant comply with such rules and regulations imposed by Landlord from time to time, including such rules and regulations related to so-called green/LEED program(s) undertaken or maintained by Landlord. TENANT SHALL INDEMNIFY AND HOLD LANDLORD AND LANDLORD RELATED PARTIES HARMLESS FROM, AND REIMBURSE LANDLORD FOR AND WITH RESPECT TO, ANY AND ALL COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), DEMANDS, CLAIMS, CAUSES OF ACTION AND LIENS ARISING FROM AND IN CONNECTION WITH ANY ALTERATIONS PERFORMED BY TENANT, EXCEPT TO THE EXTENT RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD. All persons performing work in the Building at the request of Tenant shall register with the Building manager prior to initiating any workExtra Service. Upon completion of any Alterations, Tenant shall provide Landlord with a copy of its building permit, final inspection tag and, if plans and specifications were required by Landlord, final at Tenant’s expense, with (x) a complete set of “as built” plans acceptable to Landlord on mylar and specificationsspecifications reflecting the actual conditions of the Alterations as constructed in the Premises, together with evidence a copy of such plans on diskette in the AutoCAD format or such other format as may then be in common use for computer assisted design purposes; and (y) unconditional lien releases from all contractors, subcontractors, materialmen and suppliers who could have a right to file a lien against the improvements. The obligations of the lien-free completion parties with respect to removal of such Alterations. Except for the Tenant Improvements (which shall be governed by the Tenant Improvements Agreement [if any]), all Alterations now or hereafter placed or constructed on the Premises at the request of Tenant shall be at Tenant’s cost. If Tenant performs such Alterations, an amount equal to ten percent (10%) of the estimated cost of such Alterations shall be deposited with Landlord within ten (10) days following Tenant’s receipt of an invoice from Landlord and upon Tenant completing all “punch list” items with respect to such Alterations, such retained amount will be returned to Tenant when all such punch list items are completed lien-free and to Landlord’s satisfaction. Tenant shall pay to Landlord a construction supervision fee equal to five percent [5%] of the hard costs of the Alterations with respect to any Alterations (other than Permitted Alterations). Notwithstanding the foregoing, Tenant may make alterations (collectively, the “Permitted Alterations”) of a purely non-structural, decorative nature without Landlord’s prior written consent if Tenant provides Landlord with reasonable prior notice of such alterations and with plans and specifications for such alterations (if such plans and specifications were required to be submitted controlled by Landlord for its approval as provided herein) and such alterations (a) do not require the issuance of a building permit, (b) do not exceed $25,000.00 in cost, and (c) do not affect the base building mechanical, electrical, plumbing, HVAC and/or fire and life safety systems or equipment in the BuildingSection 6.12.

Appears in 1 contract

Samples: Office Building Lease (Onyx Software Corp/Wa)

ALTERATIONS, ADDITIONS, IMPROVEMENTS. (a) Tenant will make no alteration, change, improvement, replacement or addition to the Premises (collectively, "Alterations"), without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned (except as otherwise set for herein) or delayed with respect to delayed; provided, however, that Tenant may make interior Alterations which will not affect, in any way, the mechanical, electrical, plumbing, HVAC, structural and/or fire and life safety components of the Building ("Non-Structural Alterations”)") without such consent, but upon advance reasonable notice to Landlord so that Landlord may reasonably satisfy itself that such Alterations are, in fact, Non-Structural Alterations. Landlord may, at its option, require Tenant to submit plans and specifications to Landlord for approval (such approval not to be unreasonably withheld or delayed) prior to commencing any other (meaning structural) Alterations. All Alterations (including any other than Non-Structural Alterations) shall be performed by union contractors a contractor reasonably approved by Landlord or otherwise on Landlord, 's approved list (a copy of which approval shall may be granted or denied within five (5) Business Days after Landlord’s receipt of (i) Tenant’s written request for approval, (ii) certificates of insurance for each such union contractor evidencing obtained from the insurance required by this Section 15(aBuilding manager), and (iii) a project directory. All Alterations shall be done in a good and workmanlike manner, in compliance with all applicable lawsLaws, including, but not limited to, Title III of The Americans With Disabilities Act of 1990 or any applicable local or state Law regarding handicapped access access, including Texas Accessibility Standards (collectively, the "Disability Laws") and in accordance with Landlord’s 's sustainability practices (of which Tenant has received prior written notice) under any so-called green/LEED program(s) undertaken or maintained by Landlord; provided, however that (i) Tenant's responsibility for compliance with Disability Laws shall be limited to the Premises and no other part of the Building or Building Complex and (ii) material capital costs and other costs not included in Basic Operating Costs associated Landlord's sustainability practices under any so-called green/LEED program(s) undertaken or maintained by Landlord shall be at Landlord's sole cost and expense. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant’s 's ability to complete and pay for the completion of the Tenant Alterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations, Tenant shall deliver to Landlord an as-built mylar and digitized (if available) set of plans and specifications for the Tenant Alterations. Tenant shall require that any contractors used by Tenant carry a comprehensive liability (including builder’s 's risk) insurance policy in such amounts as Landlord may reasonably require and provide proof of such insurance to Landlord prior to the commencement of any Alterations and Tenant shall require that any contractors used by Tenant comply with such rules and regulations imposed by Landlord from time to time, including such rules and regulations related to so-called green/LEED program(s) undertaken or maintained by Landlord. TENANT SHALL INDEMNIFY AND HOLD LANDLORD AND LANDLORD RELATED PARTIES HARMLESS FROM, AND REIMBURSE LANDLORD FOR AND WITH RESPECT TO, ANY AND ALL COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), DEMANDS, CLAIMS, CAUSES OF ACTION AND LIENS ARISING FROM AND IN CONNECTION WITH ANY ALTERATIONS PERFORMED BY TENANT, EXCEPT TO THE EXTENT RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD. All persons performing work in the Building at the request of Tenant shall register with the Building manager prior to initiating any work. Upon completion of any Alterations, Tenant shall provide Landlord with a copy of its building permit, final inspection tag and, if plans and specifications were required by Landlord, final "as built" plans and specifications, together with evidence of the lien-free completion of such Alterations. Except for the Tenant Improvements (which shall be governed by the Tenant Improvements Agreement [if any]Agreement), all Alterations now or hereafter placed or constructed on the Premises at the request of Tenant shall be at Tenant’s 's cost. If Tenant performs such Alterations, an amount equal to ten percent (10%) of the estimated cost of such Alterations (plus a construction supervision fee equal to three percent (3%) of hard costs if Tenant selects Landlord to manage the construction of the Alterations, but equal to one percent (1%) of such hard costs if Tenant has its own construction manager) shall be deposited with payable as additional Rent by Tenant to Landlord within ten (10) days following Tenant’s 's receipt of an invoice from Landlord and upon Tenant completing all “punch list” items with respect to such Alterations, such retained amount will be returned to Tenant when all such punch list items are completed lien-free and to Landlord’s satisfaction. Tenant shall pay to Landlord a construction supervision fee equal to five percent [5%] of the hard costs of the Alterations with respect to any Alterations (other than Permitted Alterations). Notwithstanding the foregoing, Tenant may make alterations (collectively, the “Permitted Alterations”) of a purely non-structural, decorative nature without Landlord’s prior written consent if Tenant provides Landlord with reasonable prior notice of such alterations and with plans and specifications for such alterations (if such plans and specifications were required to be submitted by Landlord for its approval as provided herein) and such alterations (a) do not require the issuance of a building permit, (b) do not exceed $25,000.00 in cost, and (c) do not affect the base building mechanical, electrical, plumbing, HVAC and/or fire and life safety systems or equipment in the Building.

Appears in 1 contract

Samples: Office Lease Agreement (FSP Galleria North Corp)

ALTERATIONS, ADDITIONS, IMPROVEMENTS. (a) Tenant will The TENANT shall not make no alterationor perform any alterations, changeadditions or improvements, improvementwhether of a structural or nonstructural nature, replacement or addition in the Premises unless the plans and specifications therefore shall have been submitted to the Premises (collectivelyLANDLORD prior to the commencement of such alterations, “Alterations”), without additions or improvements and the latter shall have given its prior written consent of Landlordthereto, which consent shall not be unreasonably withheld. All such alterations, conditioned additions or delayed with respect to interior Alterations which will not affect, in any way, improvements made by the mechanical, electrical, plumbing, HVAC, structural and/or fire and life safety components TENANT under the terms of the Building (“Non-Structural Alterations”). Landlord may, at its option, require Tenant to submit present paragraphs shall be promptly executed in accordance with he approved plans and specifications to Landlord for approval (such approval not to be unreasonably withheld or delayed) prior to commencing any Alterations. All Alterations (including any Non-Structural Alterations) shall be performed by union contractors approved by Landlord, which approval shall be granted or denied within five (5) Business Days after Landlord’s receipt of (i) Tenant’s written request for approval, (ii) certificates of insurance for each such union contractor evidencing the insurance required by this Section 15(a), specification and (iii) a project directory. All Alterations shall be done in a good and workmanlike manner, in compliance with all applicable laws, by-laws, regulations and ordinances or all public and quasi-public authorities having jurisdiction in the Property, including, but not limited to, Title III of The Americans With Disabilities Act of 1990 or any applicable local or state Law regarding handicapped access (collectivelywithout restrictions, the “Disability Laws”) Fire Underwriters Association and in accordance any company or companies with Landlord’s sustainability practices (of which Tenant has received prior written notice) under any so-called green/LEED program(s) undertaken or maintained by Landlord. Landlord the Building may, at the time, be insured and the TENANT shall be responsible for all costs incurred in connection with such alterations and improvements the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant’s ability whole to complete and pay for the completion entire exoneration of the Tenant Alterations LANDLORD. The TENANT shall maintain workmen's compensation insurance covering all persons employed in connection with such as a performance bond or letter of credit. Upon completion of the Tenant Alterations, Tenant work and shall deliver to Landlord an as-built mylar and digitized (if available) set of plans and specifications for the Tenant Alterations. Tenant shall require that any contractors used by Tenant carry a comprehensive liability (including builder’s risk) insurance policy in such amounts as Landlord may reasonably require and provide proof produce evidence of such insurance to Landlord prior to the commencement of any Alterations LANDLORD, and Tenant shall require that any contractors used by Tenant comply with such rules and regulations imposed by Landlord from time to time, including such rules and regulations related to so-called green/LEED program(s) undertaken or maintained by Landlord. TENANT SHALL INDEMNIFY AND HOLD LANDLORD AND LANDLORD RELATED PARTIES HARMLESS FROM, AND REIMBURSE LANDLORD FOR AND WITH RESPECT TO, ANY AND ALL COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), DEMANDS, CLAIMS, CAUSES OF ACTION AND LIENS ARISING FROM AND IN CONNECTION WITH ANY ALTERATIONS PERFORMED BY TENANT, EXCEPT TO THE EXTENT RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD. All persons performing work in also maintain adequate general liability insurance for the Building at the request of Tenant shall register with the Building manager prior to initiating any work. Upon completion of any Alterations, Tenant shall provide Landlord with a copy of its building permit, final inspection tag and, if plans and specifications were required by Landlord, final “as built” plans and specifications, together with evidence protection of the lien-free completion of such AlterationsLANDLORD and the TENANT as the LANDLORD may reasonably require. Except for Nothing herein contained may be so interpreted as to permit the Tenant Improvements (TENANT to perform any act, retain any service, purchase any materials or cause to be performed any works which shall be governed by the Tenant Improvements Agreement [if any])would give rise to a privilege, all Alterations now or hereafter placed or constructed prior claim and/or hypothec on the Premises at the request of Tenant shall be at Tenant’s cost. If Tenant performs such Alterations, an amount equal to ten percent (10%) of the estimated cost of such Alterations shall be deposited with Landlord within ten (10) days following Tenant’s receipt of an invoice from Landlord and upon Tenant completing all “punch list” items with respect to such Alterations, such retained amount will be returned to Tenant when all such punch list items are completed lien-free and to Landlord’s satisfaction. Tenant shall pay to Landlord a construction supervision fee equal to five percent [5%] of the hard costs of the Alterations with respect to any Alterations (other than Permitted Alterations)Property. Notwithstanding the foregoing, Tenant may make alterations the value of the Premises shall not, as a result of any work proposed to be carried out by the TENANT, be less than the value of the Premises before the commencement of such work and the LANDLORD shall be the sole judge or such value. If the cost of any work shall be in excess of TEN THOUSAND DOLLARS (collectively$10,000.00) as reasonably estimated by the LANDLORD, the “Permitted Alterations”) of a purely non-structural, decorative nature without Landlord’s prior written consent if Tenant provides Landlord with reasonable prior notice of such alterations and with plans and specifications for such alterations (if such plans and specifications were required to be submitted by Landlord for its approval as provided herein) and such alterations (a) do not LANDLORD may require the issuance TENANT to furnish security satisfactory to the LANDLORD guaranteeing the completion of a building permitthe work and the payment of the cost thereof free and clear of all conditional bills of sale, (b) do not exceed $25,000.00 pledges, privileges, prior claims, hypothecs, workmen's and supplier's liens and other similar liens and charges. All work, when completed, shall be comprised in cost, and (c) do not affect form part of the base building mechanical, electrical, plumbing, HVAC and/or fire Premises and life safety systems or equipment in shall be subject to all the Buildingprovisions of this Lease.

Appears in 1 contract

Samples: Memorandum of Agreement (Dectron Internationale Inc)

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ALTERATIONS, ADDITIONS, IMPROVEMENTS. Tenant shall have the right, at its sole cost and expense and without Landlord's consent, to install within the Premises any fixtures, equipment, facilities and other improvements, and to make such alterations, additions or improvements to the Premises, required by Tenant from time to time for the conduct of Tenant's business on the Premises; provided, that (ai) Tenant will shall not make no alterationor allow to be made any alterations, changeadditions or improvements which materially affect or are incompatible with the structural components and/or operating systems (electrical, improvement, replacement or addition to plumbing and mechanical) of the Premises (collectively, “Alterations”), Project without the Landlord's prior written consent of Landlordthereto, which consent shall not be unreasonably withheld; (ii) it shall not be unreasonable for Landlord to withhold its consent to any such alterations, conditioned additions or delayed with respect improvements if Landlord reasonably believes that Tenant's use thereof will violate the provisions of Section 5.1 above; (iii)as to interior Alterations which will not affect, in any way, the mechanical, electricalelectrical and plumbing portions of any such alterations, plumbingadditions or improvements to the Premises requiring Landlord's consent thereto, HVACLandlord shall also have the right to approve Tenant's contractor for such mechanical, structural and/or fire electrical and life safety components plumbing portions only; and (iv) each contractor used by Tenant for the construction of any material alterations, additions or improvements to the Premises shall maintain insurance in amounts reasonably determined by Landlord given the nature and extent of the Building (“Non-Structural Alterations”). Landlord may, at its option, require Tenant work to submit plans and specifications to Landlord for approval (such approval not to be unreasonably withheld or delayed) prior to commencing any Alterations. All Alterations (including any Non-Structural Alterations) shall be performed by union contractors approved by Landlord, which approval shall be granted or denied within five (5) Business Days after Landlord’s receipt of (i) Tenant’s written request for approval, (ii) certificates of insurance for each such union contractor evidencing the insurance required by this Section 15(a)contractor, and (iii) a project directory. All Alterations shall be done in a good and workmanlike manner, in compliance comply with all applicable laws, including, but not limited to, Title III of The Americans With Disabilities Act of 1990 or any applicable local or state Law regarding handicapped access (collectively, the “Disability Laws”) and in accordance with Landlord’s sustainability practices (of which Tenant has received prior written notice) under any so-called green/LEED program(s) undertaken or maintained by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant’s ability to complete and pay for the completion of the Tenant Alterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations, Tenant shall deliver to Landlord an as-built mylar and digitized (if available) set of plans and specifications for the Tenant Alterations. Tenant shall require that any contractors used by Tenant carry a comprehensive liability (including builder’s risk) insurance policy in such amounts as Landlord may reasonably require and provide proof of such insurance to Landlord prior to the commencement of any Alterations and Tenant shall require that any contractors used by Tenant comply with such rules and regulations imposed relating thereto adopted by Landlord from time to time, including such rules and regulations related to so-called green/LEED program(s) undertaken or maintained by Landlord. TENANT SHALL INDEMNIFY AND HOLD LANDLORD AND LANDLORD RELATED PARTIES HARMLESS FROM, AND REIMBURSE LANDLORD FOR AND WITH RESPECT TO, ANY AND ALL COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), DEMANDS, CLAIMS, CAUSES OF ACTION AND LIENS ARISING FROM AND IN CONNECTION WITH ANY ALTERATIONS PERFORMED BY TENANT, EXCEPT TO THE EXTENT RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD. All persons performing work in To the Building at the request of extent Tenant shall register with the Building manager prior to initiating any work. Upon completion of any Alterations, Tenant shall provide Landlord with a copy of its building permit, final inspection tag and, if plans and specifications were required by Landlord, final “as built” plans and specifications, together with evidence of the lien-free completion of such Alterations. Except for the Tenant Improvements (which shall be governed by the Tenant Improvements Agreement [if any]), all Alterations now or hereafter placed or constructed on the Premises at the request of Tenant shall be at Tenant’s cost. If Tenant performs such Alterations, an amount equal to ten percent (10%) of the estimated cost of such Alterations shall be deposited with Landlord within ten (10) days following Tenant’s receipt of an invoice from Landlord and upon Tenant completing all “punch list” items with respect to such Alterations, such retained amount will be returned to Tenant when all such punch list items are completed lien-free and to Landlord’s satisfaction. Tenant shall pay to Landlord a construction supervision fee equal to five percent [5%] of the hard costs of the Alterations with respect to any Alterations (other than Permitted Alterations). Notwithstanding the foregoing, Tenant may make alterations (collectively, the “Permitted Alterations”) of a purely non-structural, decorative nature without Landlord’s prior written consent if Tenant provides Landlord with reasonable prior notice of such alterations and with causes plans and specifications for any such alterations (if such alterations, additions or improvements to be prepared, Tenant will deliver copies of the same to Landlord including without limitation, "as built" plans and specifications were required to be submitted with respect thereto. Tenant shall reimburse Landlord for any costs and expenses incurred by Landlord for its in connection with the review and approval as provided herein) and of such alterations (a) do not require the issuance proposed alterations, additions or improvements, together with an additional charge of a building permit, (b) do not exceed $25,000.00 in cost, and (c) do not affect the base building mechanical, electrical, plumbing, HVAC and/or fire and life safety systems or equipment in the Building6% of such costs to cover Landlord's overhead.

Appears in 1 contract

Samples: Lease Agreement (Cabot Oil & Gas Corp)

ALTERATIONS, ADDITIONS, IMPROVEMENTS. (a) Except as expressly provided herein, Tenant will shall not make no alterationafter the construction of the initial Tenant Improvements any alterations, changeimprovements, improvement, replacement additions or addition installations in or to the Premises (collectively, each an AlterationsAlteration”), including, but not limited to, the removal of any carpet, or wall coverings, window blinds, or window draperies, but specifically excluding the hanging of paintings, posters or pictures or painting walls with existing paint colors, without the prior written consent of Landlord, which consent may not be unreasonably withheld. Before commencement of any such work or delivery of any materials for such work into the Premises or the Building, Tenant shall furnish to Landlord for approval, as applicable: architectural plans and specifications, names and addresses of all contractors, contracts, necessary permits and licenses, certificates of insurance and instruments of indemnification against any and all claims, costs, expenses, damages and liabilities which may arise in connection with such work, all in such form and amount as may be reasonably satisfactory to Landlord. In addition, prior to commencement of any such work or delivery of any materials for such work into the Premises, Tenant shall provide Landlord with evidence reasonably satisfactory to Landlord of Tenant’s ability to pay for such work and materials in full. All such work shall be done only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed with respect to interior Alterations which will not affect, in any way, the mechanical, electrical, plumbing, HVAC, structural and/or fire and life safety components of the Building (“Non-Structural Alterations”). Landlord may, at its option, require Tenant to submit plans and specifications to Landlord for approval (such approval not to be unreasonably withheld or delayed) prior to commencing any Alterations. All Alterations (including any Non-Structural Alterations) shall be performed by union contractors approved by Landlord, which approval shall be granted or denied within five (5) Business Days after Landlord’s receipt of (i) Tenant’s written request for approval, (ii) certificates of insurance for each such union contractor evidencing the insurance required by this Section 15(a), and (iii) a project directory. All Alterations shall be done in a good and workmanlike manner, in compliance with all applicable laws, including, but not limited to, Title III of The Americans With Disabilities Act of 1990 or any applicable local or state Law regarding handicapped access (collectively, the “Disability Laws”) at such time and in accordance with Landlord’s sustainability practices (of which Tenant has received prior written notice) under any so-called green/LEED program(s) undertaken or maintained by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant’s ability to complete and pay for the completion of the Tenant Alterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations, Tenant shall deliver to Landlord an as-built mylar and digitized (if available) set of plans and specifications for the Tenant Alterations. Tenant shall require that any contractors used by Tenant carry a comprehensive liability (including builder’s risk) insurance policy in such amounts manner as Landlord may reasonably require and provide proof of such insurance to Landlord prior to the commencement of any Alterations and Tenant shall require that any contractors used by Tenant comply with such rules and regulations imposed by Landlord from time to time, including such rules and regulations related to so-called green/LEED program(s) undertaken or maintained by Landlord. TENANT SHALL INDEMNIFY AND HOLD LANDLORD AND LANDLORD RELATED PARTIES HARMLESS FROM, AND REIMBURSE LANDLORD FOR AND WITH RESPECT TO, ANY AND ALL COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), DEMANDS, CLAIMS, CAUSES OF ACTION AND LIENS ARISING FROM AND IN CONNECTION WITH ANY ALTERATIONS PERFORMED BY TENANT, EXCEPT TO THE EXTENT RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD. All persons performing work in the Building at the request of Tenant shall register with the Building manager prior to initiating any work. Upon completion of any Alterations, Tenant shall provide Landlord with a copy of its building permit, final inspection tag and, if plans and specifications were required by Landlord, final “as built” plans and specifications, together with evidence of the lien-free completion of such Alterations. Except for the Tenant Improvements (which shall be governed by the Tenant Improvements Agreement [if any]), all Alterations now or hereafter placed or constructed on the Premises at the request of Tenant shall be at Tenant’s cost. If Tenant performs such Alterations, an amount equal to ten percent (10%) of the estimated cost of such Alterations shall be deposited with Landlord within ten (10) days following Tenant’s receipt of an invoice from Landlord and upon Tenant completing all “punch list” items with respect to such Alterations, such retained amount will be returned to Tenant when all such punch list items are completed lien-free and to Landlord’s satisfaction. Tenant shall pay to Landlord a construction supervision fee equal to five percent [5%] of the hard costs of the Alterations with respect to any Alterations (other than Permitted Alterations). Notwithstanding the foregoing, Tenant may make alterations (collectively, the “Permitted Alterations”) of a purely non-structural, decorative nature without Landlord’s prior written consent if Tenant provides Landlord with reasonable prior notice of such alterations and with plans and specifications for such alterations (if such plans and specifications were required to be submitted by Landlord for its approval as provided herein) and such alterations (a) do not require the issuance of a building permit, (b) do not exceed $25,000.00 in cost, and (c) do not affect the base building mechanical, electrical, plumbing, HVAC and/or fire and life safety systems or equipment in the Buildingtime reasonably designate.

Appears in 1 contract

Samples: Lease Agreement (9 Meters Biopharma, Inc.)

ALTERATIONS, ADDITIONS, IMPROVEMENTS. (a) Tenant will make no alteration, change, improvement, replacement or addition to the Premises (collectively, “Alterations”), without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed withheld with respect to interior Alterations which will not affect, in any way, the mechanical, electrical, plumbing, HVAC, structural and/or fire and life safety components of the Building (“Non-Structural Alterations”). Notwithstanding the foregoing, Landlord’s prior written consent shall not be required for Non-Structural Alterations costing less than $500,000.00 in each instance (“Minor Non-Structural Alterations”); provided that Tenant shall provide Landlord may, with at its option, require Tenant to submit plans and specifications to Landlord for approval least ten (such approval not to be unreasonably withheld or delayed10) prior to commencing any AlterationsBusiness Days notice thereof. All Alterations (including any other than Minor Non-Structural Alterations and Non-Structural Alterations) shall be performed by union contractors a contractor approved by Landlord, which approval shall not be granted unreasonably withheld or denied delayed; provided, however, if Landlord does not respond to Tenant’s selection of a general contractor within five (5) Business Days after Landlord’s receipt of (i) following written request from Tenant, then Tenant’s written request for approval, selection of general contractor to perform the Alterations (iiother than Minor Non-Structural Alterations and Non-Structural Alterations) certificates of insurance for each such union contractor evidencing the insurance required will be automatically deemed approved by this Section 15(a), and (iii) a project directoryLandlord. All Alterations shall be done in a good and workmanlike manner, in compliance with all applicable laws, including, but not limited to, Title III of The Americans With Disabilities Act of 1990 or any applicable local or state Law regarding handicapped access (collectively, the “Disability Laws”) and in accordance with Landlord’s sustainability practices (of which ). If the Tenant has received prior written notice) under any so-called green/LEED program(s) undertaken or maintained by Landlord. is other than Target Corporation, Landlord may, in the its exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant’s ability to complete and pay for the completion of the Tenant Alterations Alterations. If, following delivery by Tenant to Landlord of its ability to complete and pay for completion of the Tenant Alterations, Landlord has reasonable concern about Tenant’s ability to complete and pay for completion of the Tenant Alterations, or if Tenant fails to deliver such evidence to Landlord, Landlord may request financial security as may be reasonable such as a performance bond or letter of credit. Upon completion of the Tenant Alterations, Tenant shall deliver to Landlord an as-built mylar and or digitized (if applicable and available) set of plans and specifications for the Tenant Alterations. Tenant shall be required to use Landlord’s mechanical, electrical, plumbing, fire and life safety consultants (collectively, “MEPs”), as applicable, for the design of any Alterations requiring Landlord’s consent. Tenant shall require that any contractors used by Tenant carry a comprehensive liability (including builder’s risk) insurance policy in such amounts as Landlord may reasonably require and provide proof of such insurance to Landlord prior to the commencement of any Alterations and Tenant shall require that any contractors used by Tenant comply with such the terms of this Lease, the Rules and Regulations and any reasonable rules and or regulations imposed by Landlord from time to time, including such rules and regulations related to so-called green/LEED program(s) undertaken or maintained by Landlordfor contractors performing work in the Building. TENANT SHALL INDEMNIFY AND HOLD LANDLORD AND LANDLORD RELATED PARTIES HARMLESS FROM, AND REIMBURSE LANDLORD FOR AND WITH RESPECT TO, ANY AND ALL COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), DEMANDS, CLAIMS, CAUSES OF ACTION AND LIENS ARISING FROM AND IN CONNECTION WITH ANY ALTERATIONS PERFORMED BY TENANT, EXCEPT TO THE EXTENT RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD. All persons performing work in the Building at the request of Tenant shall register with the Building manager prior to initiating any work. Upon completion of any Alterations, Tenant shall provide Landlord with a copy of its building permit, final inspection tag and, if plans and specifications were required by Landlord, final “as built” plans and specifications, together with evidence of the lien-free completion of such Alterations. Except Tenant shall reimburse Landlord for Landlord’s actual out-of-pocket expenses incurred in connection with any Alterations made by Tenant requiring Landlord’s consent, including reasonable fees charged by Landlord’s contractors or consultants to attend meetings, review plans and specifications prepared by Tenant and to update the Tenant Improvements (which shall be governed by existing as-built plans and specifications of the Building to reflect the Alterations. Excepting Minor Non-Structural Alterations, the Tenant Improvements Agreement [if any]), all Alterations now or hereafter placed or constructed on the Premises at the request of Tenant shall be at Tenant’s cost. If Tenant performs such Alterations, an amount equal also apply in addition to ten percent (10%this Section 15(a) of the estimated cost of such Alterations shall be deposited with Landlord within ten (10) days following Tenant’s receipt of an invoice from Landlord and upon Tenant completing all “punch list” items with respect to such Alterations, such retained amount will be returned to Tenant when all such punch list items are completed lien-free Improvements and to Landlord’s satisfaction. in the event of any conflict between this Section 15(a) and the Tenant shall pay to Landlord a construction supervision fee equal to five percent [5%] of the hard costs of the Alterations with respect to any Alterations (other than Permitted Alterations). Notwithstanding the foregoing, Tenant may make alterations (collectivelyImprovements Agreement, the “Permitted Alterations”) of a purely non-structural, decorative nature without Landlord’s prior written consent if Tenant provides Landlord with reasonable prior notice of such alterations and with plans and specifications for such alterations (if such plans and specifications were required to be submitted by Landlord for its approval as provided herein) and such alterations (a) do not require the issuance of a building permit, (b) do not exceed $25,000.00 in cost, and (c) do not affect the base building mechanical, electrical, plumbing, HVAC and/or fire and life safety systems or equipment in the BuildingImprovements Agreement shall control.

Appears in 1 contract

Samples: Office Lease Agreement (FSP 50 South Tenth Street Corp)

ALTERATIONS, ADDITIONS, IMPROVEMENTS. (a) Tenant will shall not make no alterationany alterations, changeadditions, improvement, replacement or addition improvements to the Premises (collectively, “Alterations”), without the prior written consent of Landlord, which consent . Landlord shall not be unreasonably withheldrequired to notify Tenant as to whether it consents to any proposed alteration, conditioned addition, or delayed with respect to interior Alterations which will not affect, in any way, the mechanical, electrical, plumbing, HVAC, structural and/or fire and life safety components of the Building (“Non-Structural Alterations”). improvement until Landlord may, at its option, require Tenant to submit has 1) received completed plans and specifications for the proposed alteration, addition, or improvement, which plans are sufficiently detailed to Landlord for approval (such approval not allow construction of the work depicted to be unreasonably withheld or delayed) prior to commencing any Alterations. All Alterations (including any Non-Structural Alterations) shall be performed by union contractors approved by Landlord, which approval shall be granted or denied within five (5) Business Days after Landlord’s receipt of (i) Tenant’s written request for approval, (ii) certificates of insurance for each such union contractor evidencing the insurance required by this Section 15(a), and (iii) a project directory. All Alterations shall be done in a good and workmanlike manner, in compliance 2) received completed cost estimates for the proposed 33265500v4 alteration, addition, or improvement, and 3) had a reasonable opportunity to review said plans and specifications and cost estimates. If the proposed alteration, addition, or improvement will affect the Building's Structure, HVAC system, or mechanical, electrical, or plumbing systems, then the plans and specifications must be prepared by a licensed engineer reasonably acceptable to Landlord. Xxxxxxxx's approval of any plans and specifications shall not be a representation that the plans or the work depicted will comply with all applicable laws, includinglaw or be adequate for any purpose, but not limited to, Title III of The Americans With Disabilities Act of 1990 or any applicable local or state Law regarding handicapped access (collectively, the “Disability Laws”) and in accordance with shall merely be Landlord’s sustainability practices (of which Tenant has received prior written notice) under any so-called green/LEED program(s) undertaken or maintained by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant’s ability 's consent to complete and pay for the completion performance of the Tenant Alterations such as a performance bond or letter of creditwork. Upon completion of the Tenant Alterationsany alteration, addition, or improvement, Tenant shall deliver to Landlord an as-built mylar accurate, reproducible, "as built" plans for same. Tenant may erect shelves, racking, bins, machinery, and digitized trade fixtures provided that such items 1) do not alter the basic character of the Premises or the Building, 2) do not overload or damage the Building's Structure, and 3) may be removed without structural damage to the Premises. Nothing in this paragraph will limit Tenant's obligations elsewhere in this Lease pertaining to repair and restoration obligations in connection with surrendering the Premises to Landlord. All work performed by Tenant in the Premises (if availableincluding that relating to the installation, repair, replacement, or removal of any item) set of plans shall be performed in accordance with applicable law and with Landlord's specifications for and requirements, in a good and workmanlike manner, and so as not to damage or alter the Tenant AlterationsBuilding's Structure or the Premises. Tenant shall require that any contractors used by Tenant carry a comprehensive liability (including builder’s risk) insurance policy pay all costs incurred or arising out of all alterations, additions, or improvements in such amounts as Landlord may reasonably require and provide proof of such insurance to Landlord prior or to the commencement of any Alterations Premises, and Tenant shall require that any contractors used by Tenant comply with such rules and regulations imposed by Landlord from time not permit a mechanics' or materialmen's lien to time, including such rules and regulations related to so-called green/LEED program(s) undertaken or maintained by Landlord. TENANT SHALL INDEMNIFY AND HOLD LANDLORD AND LANDLORD RELATED PARTIES HARMLESS FROM, AND REIMBURSE LANDLORD FOR AND WITH RESPECT TO, ANY AND ALL COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), DEMANDS, CLAIMS, CAUSES OF ACTION AND LIENS ARISING FROM AND IN CONNECTION WITH ANY ALTERATIONS PERFORMED BY TENANT, EXCEPT TO THE EXTENT RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD. All persons performing work in be asserted against the Building at the request of Tenant shall register with the Building manager prior to initiating any workPremises. Upon completion of any Alterationsrequest by Xxxxxxxx, Tenant shall provide deliver to Landlord proof of payment reasonably satisfactory to Landlord of all costs incurred or arising out of any alterations, additions, or improvements. In connection with a copy of its building permitany such alterations, final inspection tag andadditions, if plans and specifications were required by Landlordor improvements, final “as built” plans and specifications, together with evidence of the lien-free completion of such Alterations. Except for the Tenant Improvements (which shall be governed by the Tenant Improvements Agreement [if any]), all Alterations now or hereafter placed or constructed on the Premises at the request of Tenant shall be at Tenant’s cost. If Tenant performs such Alterations, pay to Landlord an amount equal to administration fee of ten percent (10%) of the estimated cost of such Alterations shall be deposited with Landlord within ten (10) days following Tenant’s receipt of an invoice from Landlord and upon Tenant completing all “punch list” items with respect to such Alterations, such retained amount will be returned to Tenant when all such punch list items are completed lien-free and to Landlord’s satisfaction. Tenant shall pay to Landlord a construction supervision fee equal to five percent [5%] of the hard costs of the Alterations with respect to any Alterations (other than Permitted Alterations). Notwithstanding the foregoing, Tenant may make alterations (collectively, the “Permitted Alterations”) of a purely non-structural, decorative nature without Landlord’s prior written consent if Tenant provides Landlord with reasonable prior notice of such alterations and with plans and specifications incurred for such alterations (if such plans and specifications were required to be submitted by Landlord for its approval as provided herein) and such alterations (a) do not require the issuance of a building permit, (b) do not exceed $25,000.00 in cost, and (c) do not affect the base building mechanical, electrical, plumbing, HVAC and/or fire and life safety systems or equipment in the Buildingwork.

Appears in 1 contract

Samples: Lease Agreement (Power Solutions International, Inc.)

ALTERATIONS, ADDITIONS, IMPROVEMENTS. (a) Tenant will make no material alteration, change, improvement, replacement or addition to the Premises (collectively, "Alterations"), without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned conditioned, or delayed with respect delayed. Tenant shall have the right to make minor Alterations to interior Alterations of the Premises which will not affect, in any way, the mechanical, electrical, plumbing, HVAC, structural and/or fire and life safety components of the Building and cost less than $20,000.00 and does not require a permit ("Non-Structural Alterations”)") without Landlord’s consent. Landlord may, at its option, require Tenant to submit plans and specifications to Landlord for approval (such approval not to be unreasonably withheld or delayed) prior to commencing any Alterations. All Alterations (including any other than Non-Structural Alterations) shall be performed by union contractors a contractor on Landlord's approved by Landlord, list (a copy of which approval shall may be granted or denied within five (5) Business Days after Landlord’s receipt of (i) Tenant’s written request for approval, (ii) certificates of insurance for each such union contractor evidencing obtained from the insurance required by this Section 15(aBuilding manager), and (iii) a project directory. All Alterations shall be done in a good and workmanlike manner, in compliance with all applicable laws, including, but not limited to, Title III of The Americans With Disabilities Act of 1990 or any applicable local or state Law regarding handicapped access (collectively, the "Disability Laws") and in accordance with Landlord’s sustainability practices (of which Tenant has received prior written notice) under any so-called Landlord’s current Gold Level green/LEED program(s) undertaken or maintained by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant’s 's ability to complete and pay for the completion of the Tenant Alterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations, Tenant shall deliver to Landlord an as-built mylar and or digitized (if available) set of plans and specifications for the Tenant Alterations. Tenant shall require that any contractors used by Tenant carry a comprehensive liability (including builder’s 's risk) insurance policy in such amounts as Landlord may reasonably require and provide proof of such insurance to Landlord prior to the commencement of any Alterations and Tenant shall require that any contractors used by Tenant comply with such rules and regulations imposed by Landlord from time to time, including such rules and regulations related to so-called green/LEED program(s) undertaken or maintained by Landlord. TENANT SHALL INDEMNIFY AND HOLD LANDLORD AND LANDLORD RELATED PARTIES HARMLESS FROM, AND REIMBURSE LANDLORD FOR AND WITH RESPECT TO, ANY AND ALL COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), DEMANDS, CLAIMS, CAUSES OF ACTION AND LIENS ARISING FROM AND IN CONNECTION WITH ANY ALTERATIONS PERFORMED BY TENANT, EXCEPT TO THE EXTENT RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD. All persons performing work in the Building at the request of Tenant shall register with the Building manager prior to initiating any work. Upon completion of any Alterations, Tenant shall provide Landlord with a copy of its building permit, final inspection tag and, if plans and specifications were required by Landlord, final "as built" plans and specifications, together with evidence of the lien-free completion of such Alterations. Except for the Tenant Improvements (which shall be governed by the Tenant Improvements Agreement [if any]), all Alterations now or hereafter placed or constructed on the Premises at the request of Tenant shall be at Tenant’s 's cost. If Tenant performs such Alterations, an amount equal to ten percent (10%) of the estimated cost of such Alterations (plus a construction supervision fee equal to one percent [1%] of hard costs) shall be deposited with payable as additional Rent by Tenant to Landlord within ten (10) days following Tenant’s 's receipt of an invoice from Landlord. If Landlord and upon Tenant completing all “punch list” items with respect to performs such Alterations, such retained amount will be returned to Tenant when all such punch list items are completed lien-free and to Landlord’s satisfaction. Tenant shall pay to Landlord a construction supervision fee equal to five will be three percent [5(3%] of the hard costs of the Alterations with respect to any Alterations (other than Permitted Alterations). Notwithstanding the foregoing, Tenant may make alterations (collectively, the “Permitted Alterations”) of a purely non-structural, decorative nature without Landlord’s prior written consent if Tenant provides Landlord with reasonable prior notice of such alterations and with plans and specifications for such alterations (if such plans and specifications were required to be submitted by Landlord for its approval as provided herein) and such alterations (a) do not require the issuance of a building permit, (b) do not exceed $25,000.00 in cost, and (c) do not affect the base building mechanical, electrical, plumbing, HVAC and/or fire and life safety systems or equipment in the Buildinghard costs.

Appears in 1 contract

Samples: Office Lease Agreement (FSP Galleria North Corp)

ALTERATIONS, ADDITIONS, IMPROVEMENTS. (a) Tenant will make no alteration, change, improvement, replacement or addition to the Premises (collectively, “Alterations”), without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed withheld with respect to interior Alterations which will not affect, in any way, the mechanical, electrical, plumbing, HVAC, structural and/or fire and life safety components of the Building and are not visible from outside of the Building or the Premises (“Non-Structural Alterations”). Landlord may, at its option, require Tenant to submit plans and specifications to Landlord for approval (such approval not to be unreasonably withheld or delayed) prior to commencing any Alterations. All approved Alterations (including any other than Non-Structural Alterations) shall be performed by union contractors a contractor on Landlord's approved by Landlord, list (a copy of which approval shall may be granted or denied within five (5) Business Days after Landlord’s receipt of (i) Tenant’s written request for approval, (ii) certificates of insurance for each such union contractor evidencing obtained from the insurance required by this Section 15(aBuilding manager), and (iii) a project directory. All Alterations shall be done in a good and workmanlike manner, manner and in compliance with all applicable lawslaws and ordinances, including, but not limited to, Title III of The Americans With Disabilities Act of 1990 or any applicable and similar state laws and local or state Law regarding handicapped access ordinances (collectively, the “Disability Laws”) and in accordance with Landlord’s sustainability practices (of which Tenant has received prior written notice) under any so-called green/LEED program(s) undertaken or maintained by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant’s ability to complete and pay for the completion of the Tenant Alterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations, Tenant shall deliver to Landlord an as-built mylar and digitized (if available) set of plans and specifications for the Tenant Alterations). Tenant shall require that any contractors used by Tenant carry a comprehensive liability (including builder’s 's risk) insurance policy in such amounts as Landlord may reasonably require and provide proof of such insurance to Landlord prior to the commencement of any Alterations and Tenant shall require that any contractors used by Tenant comply with such rules and regulations imposed by Landlord from time to time, including such rules and regulations related to so-called green/LEED program(s) undertaken or maintained by LandlordAlterations. TENANT SHALL INDEMNIFY AND HOLD LANDLORD AND ANY LANDLORD RELATED PARTIES PARTY HARMLESS FROM, AND REIMBURSE LANDLORD AND ANY LANDLORD RELATED PARTY FOR AND WITH RESPECT TO, ANY AND ALL COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), DEMANDS, CLAIMS, CAUSES OF ACTION AND LIENS ARISING FROM AND IN CONNECTION WITH ANY ALTERATIONS PERFORMED BY TENANT, TENANT EXCEPT TO THE EXTENT RESULTING ARISING FROM THE GROSS NEGLIGENCE GROSSLY NEGLIGENT ACTS OR OMISSIONS OR WILLFUL MISCONDUCT OF LANDLORDLANDLORD OR ANY LANDLORD RELATED PARTY. All persons performing work in the Building at the request of Tenant shall register with the Building manager prior to initiating any work. Upon completion of any Alterations, Tenant shall provide Landlord with a copy of its building permit, final inspection tag and, if plans and specifications were required by Landlord, final “as built” plans and specifications, together with evidence of the lien-free completion of such Alterations. Except for the Tenant Improvements (which shall be governed by the Tenant Improvements Agreement [if any])Finish Out Work described on Exhibit “D” hereto, all Alterations now or hereafter placed or constructed on the Premises at the request of Tenant shall be at Tenant’s 's cost. If Tenant Landlord performs such AlterationsAlterations on Tenant's behalf, an amount equal to ten percent (10%) of the estimated cost of such Alterations (plus a construction management fee equal to five percent 5% of hard costs) shall be deposited with payable as additional Rent by Tenant to Landlord within ten (10) days following Tenant’s 's receipt of an invoice from Landlord and upon Tenant completing all “punch list” items with respect to such Alterations, such retained amount will be returned to Tenant when all such punch list items are completed lien-free and to Landlord’s satisfaction. Tenant shall pay to Landlord a construction supervision fee equal to five percent [5%] of the hard costs of the Alterations with respect to any Alterations (other than Permitted Alterations). Notwithstanding the foregoing, Tenant may make alterations (collectively, the “Permitted Alterations”) of a purely non-structural, decorative nature without Landlord’s prior written consent if Tenant provides Landlord with reasonable prior notice of such alterations and with plans and specifications for such alterations (if such plans and specifications were required to be submitted by Landlord for its approval as provided herein) and such alterations (a) do not require the issuance of a building permit, (b) do not exceed $25,000.00 in cost, and (c) do not affect the base building mechanical, electrical, plumbing, HVAC and/or fire and life safety systems or equipment in the Building.

Appears in 1 contract

Samples: Confidentiality Agreement (Capital Growth Systems Inc /Fl/)

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