Common use of ALTERATIONS, ADDITIONS OR IMPROVEMENTS Clause in Contracts

ALTERATIONS, ADDITIONS OR IMPROVEMENTS. Tenant shall not, without first obtaining the written consent of Landlord not to be unreasonably withheld or unduly delayed in each and every instance, make any alterations, additions or improvements in, to or about the Premises. Before proceeding with any Alteration, Tenant shall submit to Landlord, for Landlord's approval, plans and specifications for the work to be done, and Tenant shall not proceed with such work until it obtains Landlord's written approval of such plans and specifications which approval shall not be unreasonably withheld.Landlord agrees to approve or disapprove any such Alteration within fifteen (15) Business Days following Tenant's submission of the same for review in accordance with this Paragraph (the "First Review Period"). If Landlord shall disapprove of any of Tenant's plans during Landlord's First Review Period, Tenant shall be advised in writing by Landlord of the reasons for such disapproval. After Tenant resubmits its revised plans and specifications to Landlord, Landlord shall have a Second Review Period (as defined below) for review of the same subject to the other terms of this Paragraph. Landlord hereby agrees to give its approval or disapproval to said plans and specifications submitted by Tenant for Landlord's review within five (5) Business Days of receipt of the same by Landlord (the "Second Review Period"). With respect to either the First and/or Second Review Periods described herein, if Landlord shall fail to approve or disapprove of any such proposed plans and specifications within the aforementioned periods and the cause for such failure on the part of Landlord shall not be cause beyond the reasonable control of Landlord, then, provided Tenant shall, following the expiration of the aforementioned periods, send Landlord a notice (the "Warning Notice") setting forth Landlord's failure to so approve or disapprove the submitted plans and specifications and provided such Warning Notice shall expressly reference this Paragraph "6" of the Lease and the consequences of Landlord's failure to respond within the five (5) day period hereinafter set forth, then if Landlord shall fail to approve or disapprove of the submitted plans and specifications within a five (5) day period following the date upon which Landlord shall have received such Warning Notice, the proposed submitted plans and specifications shall be deemed approved. Notwithstanding the foregoing, Tenant may make decorative, non- structural alterations or alterations with a cost less than $50,000 which do not impact building mechanical systems or structure without the approval of the Landlord.

Appears in 2 contracts

Samples: Lease Agreement (Computer Outsourcing Services Inc), Lease Agreement (Infocrossing Inc)

AutoNDA by SimpleDocs

ALTERATIONS, ADDITIONS OR IMPROVEMENTS. Tenant shall not, without first obtaining the written consent of Landlord not make or -------------------------------------- allow to be unreasonably withheld or unduly delayed in each and every instance, make made any alterations, additions or improvements inin or to the Leased Premises (collectively, to or about "Alterations") without obtaining the Premisesprior written consent of Landlord. Before proceeding with any Alteration, Tenant shall submit to Landlord, for Landlord's approvalconsent shall not be unreasonably withheld with respect to proposed Alterations that (i) comply with all applicable laws, ordinances, rules and regulations, (ii) are compatible with the Building and its mechanical, electrical, HVAC and life safety systems; (iii) will not interfere with the use and occupancy of any other portion of the Building by any other tenant or their invitees; (iv) do not affect the structural portions of the Building; and, (v) do not and will not, whether alone or taken together with other improvements, require the construction of any other improvements or alterations within the Building. In determining whether or not to consent to proposed Alterations, Landlord shall have the right (without limitation) 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 of Alterations, and the time for performance of such work. Tenant shall supply to be done, Landlord any documents and information reasonably requested by Landlord in connection with the exercise of its rights hereunder. Landlord may hire outside consultants to review such documents and information and Tenant shall not proceed with reimburse Landlord for the reasonable cost thereof, including reasonable attorneys' fees, upon demand. All Alterations permitted hereunder shall be made and performed by Tenant or, at Landlord's election, may be performed by Landlord, without cost or expense to Landlord; provided however, the cost for Landlord to perform such work until it obtains Landlord's written approval in excess of the cost and expense that Tenant would have incurred, using its own qualified contractors, to perform such plans and specifications which approval Alteration work shall not be unreasonably withheld.Landlord agrees to approve or disapprove any such Alteration within fifteen (15) Business Days following Tenant's submission of the same for review in accordance with this Paragraph (the "First Review Period")responsibility. If Landlord Tenant shall disapprove pay Landlord, upon completion of any of Tenant's plans during Landlord's First Review PeriodAlteration, Tenant shall be advised in writing by Landlord of the reasons for such disapproval. After Tenant resubmits its revised plans and specifications to Landlord, Landlord shall have a Second Review Period (as defined below) for review of the same subject to the other terms of this Paragraph. Landlord hereby agrees to give its approval or disapproval to said plans and specifications submitted by Tenant reasonable fee for Landlord's review within five (5) Business Days of receipt supervision and administration of the same by Landlord installation thereof; provided, however, that such fee (not to exceed 5% of the cost of the Alteration) shall not be deemed to be "Second Review Period"income" for purposes of calculating management cost recovery under Section 3.05.(a)(7). With The obligations of the parties with respect to either removal of Alterations shall be controlled by Section 5.19; provided, however, that Landlord shall notify Tenant at the First and/or Second Review Periods described hereintime Landlord consents to any Alteration, if Landlord shall fail to approve or disapprove will require the removal of any such proposed plans and specifications within the aforementioned periods and the cause for such failure on the part Alterations upon termination of Landlord shall not be cause beyond the reasonable control of Landlord, then, provided Tenant shall, following the expiration of the aforementioned periods, send Landlord a notice (the "Warning Notice") setting forth Landlord's failure to so approve or disapprove the submitted plans and specifications and provided such Warning Notice shall expressly reference this Paragraph "6" of the Lease and the consequences of Landlord's failure to respond within the five (5) day period hereinafter set forth, then if Landlord shall fail to approve or disapprove of the submitted plans and specifications within a five (5) day period following the date upon which Landlord shall have received such Warning Notice, the proposed submitted plans and specifications shall be deemed approved. Notwithstanding the foregoing, Tenant may make decorative, non- structural alterations or alterations with a cost less than $50,000 which do not impact building mechanical systems or structure without the approval of the LandlordLease.

Appears in 1 contract

Samples: Actuate Corp

ALTERATIONS, ADDITIONS OR IMPROVEMENTS. Tenant shall not, without first obtaining the written consent of Landlord hereby agrees not to be unreasonably withheld or unduly delayed in each and every instance, make any alterations, additions or improvements inimprovements, nor attach or affix any equipment or fixtures to the Premises or about the Premises. Before proceeding with any AlterationBuilding without, Tenant shall submit in each instance, having obtained the prior written consent of Landlord to Landlord, for LandlordTenant's approval, plans and specifications (which response to Tenant's request for the work to be done, and Tenant shall not proceed with such work until it obtains Landlord's written approval of such plans and specifications which approval consent shall not be unreasonably withheld.Landlord agrees delayed) and also having obtained, prior to approve the commencement of any work, any building permit(s) and approvals which may be required by any Governmental Authority. Tenant shall make said alterations, additions or disapprove any such Alteration within fifteen (15) Business Days following Tenant's submission of the same for review improvements in accordance with this Paragraph (all applicable Laws and insurance regulations, in a good and workmanlike manner and in quality equal to or better than the "First Review Period"). If original construction of the Premises and shall comply with such requirements as Landlord shall disapprove of any of Tenant's plans during Landlord's First Review Periodconsiders reasonably necessary or desirable, Tenant including, without limitation, requirements as to the manner in which and the times at which such work shall be advised in writing by Landlord of the reasons for such disapproval. After Tenant resubmits its revised plans and specifications to Landlord, Landlord shall have a Second Review Period (as defined below) for review of the same subject to the other terms of this Paragraph. Landlord hereby agrees to give its approval or disapproval to said plans and specifications submitted by Tenant for Landlord's review within five (5) Business Days of receipt of the same by Landlord (the "Second Review Period"). With respect to either the First and/or Second Review Periods described herein, if Landlord shall fail to approve or disapprove of any such proposed plans and specifications within the aforementioned periods done and the cause for contractor or subcontractors to be selected to perform such failure on the part of Landlord shall not be cause beyond the reasonable control of Landlordwork. No material modifications, then, provided Tenant shall, following the expiration of the aforementioned periods, send Landlord a notice (the "Warning Notice") setting forth Landlord's failure additions or deletions to so approve or disapprove the submitted plans and specifications and provided such Warning Notice shall expressly reference this Paragraph "6" of the Lease and the consequences of Landlord's failure to respond within the five (5) day period hereinafter set forth, then if Landlord shall fail to approve or disapprove of the submitted plans and specifications within a five (5) day period following the date upon which Landlord shall have received such Warning Notice, the proposed submitted any previously approved plans and specifications shall be deemed approvedmade without Landlord's prior written consent, which response to Tenant's request for consent shall not be unreasonably delayed. Notwithstanding Tenant further agrees to promptly deliver to Landlord "as built" plans and specifications subsequent to the foregoingcompletion of any such alterations, additions or improvements. Nothing in this Section obligates Landlord to consent to any alteration, addition or improvement requested by Tenant. Tenant shall promptly pay all costs and expenses attributable to any alterations, additions and improvements. All alterations, additions, decorations, fixtures and equipment (except Tenant's trade fixtures) and improvements in or upon the Premises, shall, unless Landlord elects to require their removal, become the property of Landlord and shall remain upon the Premises at the expiration or earlier termination of this Lease, without compensation, allowance or credit to Tenant. However, if Landlord requests their removal, Tenant shall, at its sole cost and expense, promptly do so and restore the Premises to its original condition. If, upon Landlord's demand, Tenant does not so remove all such items from the Premises, then Landlord may make decorativeremove or otherwise dispose of same at Tenant's sole cost and expense, non- structural alterations or alterations with a including, without limitation, the cost less than $50,000 which do not impact building mechanical systems or structure without of restoring the approval of the LandlordPremises to its original condition.

Appears in 1 contract

Samples: Lease Agreement (Affymetrix Inc)

ALTERATIONS, ADDITIONS OR IMPROVEMENTS. Tenant Sublessee shall notnot make any alterations, additions, or improvements on or to the Premises without first obtaining the written consent of Landlord not to be unreasonably withheld or unduly delayed in each Sublessor and every instance, make any alterations, additions or improvements in, to or about the Premises. Before proceeding with any Alteration, Tenant shall submit to Landlord, for Landlord's approval, which consent shall not unreasonably be withheld. Such consent shall include approval of all plans and specifications for as well as the work contractors and subcontractors hired to be done, and Tenant shall not proceed with such work until it obtains Landlord's written approval of such plans and specifications which approval perform the work. Sublessor shall not be unreasonably withheld.Landlord agrees deemed unreasonable if failure to approve or disapprove give consent is based on Sublessor’s failure to obtain any such Alteration within fifteen (15) Business Days following Tenant's submission required consent of the same for review in accordance with this Paragraph (Landlord, pursuant to the "First Review Period"). If Landlord shall disapprove of any of Tenant's plans during Landlord's First Review Period, Tenant shall be advised in writing by Landlord terms of the reasons for Main Lease, in response to a good faith effort to obtain such disapproval. After Tenant resubmits its revised plans and specifications to Landlord, Landlord shall have a Second Review Period (as defined below) for review of the same subject to the other terms of this Paragraph. Landlord hereby agrees to give its approval or disapproval to said plans and specifications submitted by Tenant for Landlord's review within five (5) Business Days of receipt of the same by Landlord (the "Second Review Period"). With respect to either the First and/or Second Review Periods described herein, if Landlord shall fail to approve or disapprove of any such proposed plans and specifications within the aforementioned periods and the cause for such failure on the part of Landlord shall not be cause beyond the reasonable control of Landlord, then, provided Tenant shall, following the expiration of the aforementioned periods, send Landlord a notice (the "Warning Notice") setting forth Landlord's failure to so approve or disapprove the submitted plans and specifications and provided such Warning Notice shall expressly reference this Paragraph "6" of the Lease and the consequences of Landlord's failure to respond within the five (5) day period hereinafter set forth, then if Landlord shall fail to approve or disapprove of the submitted plans and specifications within a five (5) day period following the date upon which Landlord shall have received such Warning Notice, the proposed submitted plans and specifications shall be deemed approvedconsent. Notwithstanding the foregoing, Tenant in the event Sublessor does not notify Sublessee of its decision within thirty (30) days from the date of submission then Sublessee’s plans, specifications and contractor shall be deemed approved and Sublessee may make decorativeproceed with said work. Sublessee warrants that contractor(s) and subcontractor(s) performing work pursuant to the terms and conditions of this paragraph shall comply with all applicable company procedures of Sublessor and all local, non- structural alterations state, and federal regulations covering the work to be performed. All such alterations, additions, and improvements that shall be made, shall be at the sole expense of Sublessee and shall become the property of Sublessor and shall remain on and be surrendered with the Premises as part thereof at the termination of this Sublease Agreement. Furthermore, Sublessor reserves the right to require Sublessee to remove said improvements and restore the Premises to the original conditions as nearly as may be practical, upon the expiration or alterations with a sooner termination of this Sublease. Sublessee may, however, move, change, remove, relocate and/or substitute non-fixtures from time to time as required in its normal course of business without any liability to Sublessor for the cost less than $50,000 which do not impact building mechanical systems or structure without thereof. Nothing contained in this provision shall prevent Sublessee from removing office machines, equipment, and trade fixtures customarily used in the approval business of Sublessee. Sublessor has made no representations as to the conditions of the LandlordPremises or buildings or to remodel, repair or decorate, except as expressly set forth herein.

Appears in 1 contract

Samples: Sublease Agreement (Vought Aircraft Industries Inc)

ALTERATIONS, ADDITIONS OR IMPROVEMENTS. Tenant (A) Except as otherwise provided herein, Lessee shall not, without first obtaining the written consent of Landlord not to be unreasonably withheld or unduly delayed in each and every instanceLessor, make any alterations, additions or improvements in, to or about the Premises and/or Building. Except for alterations, additions or improvements which affect the structural components or roof of the Building or any of the Building's mechanical, heating, ventilating, air conditioning, plumbing, electrical or other systems, Lessor shall not unreasonably withhold or delay its consent to any alteration, addition or improvement to the Demised Premises. Before proceeding As a condition to Lessor consenting to any alteration, addition or improvement to be made by Lessee which will affect (i) the Building's roof, Lessee shall provide Lessor with, among other things reasonably requested by Lessor, documentary evidence stating that Lessee's proposed work will not render any roof warranty which Lessor has furnished to Lessee void or voidable (Lessor acknowledging that Exhibit H lists the roof warranties currently in effect); or (ii) the Building's mechanical, heating, ventilating, air conditioning, plumbing, electrical or other systems, Lessee shall, among other things reasonably requested by Lessor, (a) provide Lessor which plans signed and sealed by CUH2A, Inc. or another engineering firm, reasonably acceptable to Lessor (with any Alterationexperience in the design of the type of Building system to be altered by Lessee), Tenant shall submit to Landlord, for Landlord's approval, plans and specifications for indicating the scope of the work to be doneperformed; Lessor hereby agreeing that the provision of such Building services to any other tenant in the Building will not be materially diminished following completion of such work; unless Lessor obtains approval from any affected tenant, and Tenant (b) provide Lessor with documentary evidence stating that Lessee's proposed work will not render any applicable Building system warranty which Lessor has furnished to Lessee void or voidable (Lessor acknowledging that Exhibit I lists the Building system warranties currently in effect). Prior to commencing any alterations, additions or improvements which may interrupt the Building Services to other tenants, Lessee shall enter into a written agreement with Lessor and all other tenants then occupying the Building, in form and content reasonably acceptable to Lessor and acceptable to such other tenants, setting forth the dates and times when Lessee's proposed work may interrupt the Building Services to such other tenants and whereby such other tenants consent to the scheduled interruptions. Any approval granted, or any agreement entered into, by Lessor hereunder shall not proceed be deemed to be a certification by Lessor that the work to be performed by Lessee will not interfere with such work until it obtains Landlord's written approval of such plans or materially diminish the affected Building services provided to the other Building tenants. Any alterations, additions or improvements approved by Lessor, shall be performed by Lessee, at its sole cost and specifications expense, using reputable licensed contractors and subcontractors approved by Lessor, which approval shall not be unreasonably withheldwithheld or delayed.Landlord agrees to approve or disapprove any such Alteration within fifteen (15) Business Days following Tenant's submission of the same for review in accordance with this Paragraph (the "First Review Period"). If Landlord shall disapprove of any of Tenant's plans during Landlord's First Review Period, Tenant shall be advised in writing by Landlord of the reasons for such disapproval. After Tenant resubmits its revised plans and specifications to Landlord, Landlord shall have a Second Review Period (as defined below) for review of the same subject to the other terms of this Paragraph. Landlord hereby agrees to give its approval or disapproval to said plans and specifications submitted by Tenant for Landlord's review within five (5) Business Days of receipt of the same by Landlord (the "Second Review Period"). With respect to either the First and/or Second Review Periods described herein, if Landlord shall fail to approve or disapprove of any such proposed plans and specifications within the aforementioned periods and the cause for such failure on the part of Landlord shall not be cause beyond the reasonable control of Landlord, then, provided Tenant shall, following the expiration of the aforementioned periods, send Landlord a notice (the "Warning Notice") setting forth Landlord's failure to so approve or disapprove the submitted plans and specifications and provided such Warning Notice shall expressly reference this Paragraph "6" of the Lease and the consequences of Landlord's failure to respond within the five (5) day period hereinafter set forth, then if Landlord shall fail to approve or disapprove of the submitted plans and specifications within a five (5) day period following the date upon which Landlord shall have received such Warning Notice, the proposed submitted plans and specifications shall be deemed approved. Notwithstanding the foregoing, Tenant may make decorative, non- structural alterations or alterations with a cost less than $50,000 which do not impact building mechanical systems or structure without the approval of the Landlord.

Appears in 1 contract

Samples: Attornment Agreement (Praecis Pharmaceuticals Inc)

ALTERATIONS, ADDITIONS OR IMPROVEMENTS. Tenant shall not6.1 The Sublessee shall, without first obtaining the written consent of Landlord not at its sole cost and expense, promptly and diligently perform (or cause to be unreasonably withheld performed) all work necessary to complete the Spa Property for the Approved Use ("Sublessee's Work"). Sublesee's Work shall consist solely of the redevelopment and renovation of the improvements to the Spa Property contemplated by and expressly described in that certain Development Agreement of even date herewith by and between Sublessee, as "Owner", and Noble House Hotels and Resorts, Ltd., as "Developer". Sublessee shall commence and perform (or unduly delayed cause to be commenced and performed) Sublessee's Work pursuant to and in each accordance with the Development Agreement, including without limitation the plans, specifications and every instancedrawings attached thereto and approved thereunder. Sublessee's Work, make and any alterationsfuture repairs, replacements, additions or improvements inmodifications to the Spa Property (collectively, to or about the Premises. Before proceeding "Alterations") shall be performed: (i) at the sole cost of the Sublessee; (ii) by licensed contractors and subcontractors and workmen; (iii) in a good and workmanlike manner; (iv) in accordance with any Alteration, Tenant shall submit to Landlord, for Landlord's approval, plans the drawings and specifications for therefor; (v) in accordance with all applicable laws and regulations; and (vi) subject to the work restrictions against liens set forth in Section 7 below. After the completion of Sublessee's Work, Sublessee shall notify Sublessor of any future Alterations prior to the commencement thereof. Upon installation, all improvements made pursuant to Sublessee's Work and all Alterations, other than trade fixtures, shall become the property of Sublessor and shall remain upon and be donesurrendered with the Spa Property. Sublessee's Work and all Alterations shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural qualities of the improvements to the Spa Property. The right, title and Tenant shall not proceed with such work until it obtains Landlord's written approval interest of such plans and specifications which approval Sublessor in all or any portion of the Spa Property, underlying property or attached fixtures shall not be unreasonably withheld.Landlord agrees subject to approve any liens arising directly or disapprove any such Alteration within fifteen (15) Business Days following Tenant's submission of the same for review in accordance with this Paragraph (the "First Review Period"). If Landlord shall disapprove indirectly out of any of Tenant's plans during Landlord's First Review Periodimprovements, Tenant shall be advised in writing by Landlord of the reasons for such disapproval. After Tenant resubmits its revised plans and specifications to Landlord, Landlord shall have a Second Review Period (as defined below) for review of the same subject alterations or changes made to the other terms Spa Property, by or on the behalf of this ParagraphSublessee, its officers, employees, contractors or agents. Landlord hereby agrees to give its approval or disapproval to said plans The Sublessee shall promptly pay for all materials supplied and specifications submitted by Tenant for Landlord's review within five (5) Business Days of receipt of the same by Landlord (the "Second Review Period"). With work done with respect to either the First and/or Second Review Periods described herein, if Landlord shall fail to approve or disapprove of any such proposed plans and specifications within the aforementioned periods and the cause for such failure on the part of Landlord shall not be cause beyond the reasonable control of Landlord, then, provided Tenant shall, following the expiration of the aforementioned periods, send Landlord a notice (the "Warning Notice") setting forth Landlord's failure to so approve or disapprove the submitted plans and specifications and provided such Warning Notice shall expressly reference this Paragraph "6" of the Lease and the consequences of Landlord's failure to respond within the five (5) day period hereinafter set forth, then if Landlord shall fail to approve or disapprove of the submitted plans and specifications within a five (5) day period following the date upon which Landlord shall have received such Warning Notice, the proposed submitted plans and specifications shall be deemed approved. Notwithstanding the foregoing, Tenant may make decorative, non- structural alterations or alterations with a cost less than $50,000 which do not impact building mechanical systems or structure without the approval of the LandlordSpa Property.

Appears in 1 contract

Samples: HMG Courtland Properties Inc

ALTERATIONS, ADDITIONS OR IMPROVEMENTS. The Tenant shall, at its sole cost and expense, perform all work necessary to complete the Premises for its business purposes, including, without limitation, the work specified in Exhibit B hereto (collectively "Tenants Work". Tenant shall notcomplete all of Tenant's work by FEBRUARY 1, without first obtaining 1996 (the written consent of Landlord "Completion Date"). Tenant shall not to be unreasonably withheld commence Tenant's work or unduly delayed in each and every instancemake or allow any other repairs, make any alterationsreplacements, additions or improvements inmodifications to the Premises (collectively the "Alterations") without the Landlord's prior written approval. Fourteen (14) days from the signing of this Lease, to or about the Premises. Before proceeding with any Alteration, Tenant shall submit to the Landlord, for Landlord's written approval, plans details of all proposed alterations including drawings and specifications for prepared by qualified architects or engineers conforming to good engineering practice. All such alterations shall be performed: (i) at the sole cost of the Tenant; (ii) by licensed contractors and subcontractors and workmen approved in writing by the Landlord; (iii) in a good and workmanlike manner; (iv) in accordance with the drawings and specifications approved in writing by the Landlord; (v) in accordance with all applicable laws and regulations; (vi) subject to the reasonable regulations, supervision, control and inspection of the Landlord; and (vii) subject to such indemnification against liens and expenses as the Landlord reasonably requires. If any alterations would affect the structure of the building or any of the electrical, plumbing, mechanical, heating, ventilating or air conditioning systems or other base building systems, such work shall, at the option of the Landlord, be performed by the Landlord at the Tenant's cost. The cost of the work performed by Landlord plus direct expenses to Landlord including labor costs of Landlord's employees shall be donepaid by the Tenant to the Landlord upon demand. Upon installation, all alterations shall become the property of Landlord and shall remain upon and be surrendered with the Premises. Tenant shall have no right or power to create mechanics' liens on the Premises, Building, underlying property, or attached fixtures and shall so advise any suppliers of material or labor for work on the Premises. The right, title and interest of Landlord in all or any portion of the Premises, Building, underlying property or attached fixtures shall not be subject to any liens arising directly or indirectly out of any improvements, alterations or changes made to the Premises, or Building, by or on the behalf of Tenant, its officers, employees, services or agents. The Tenant shall promptly pay for all materials supplied and work done with respect to the Premises. Tenant has no right, power or authority to create any mechanics' or materialmen's lien on the Premises, Building, underlying property, or attached fixtures or Landlord's right, title or interest therein and Tenant shall not proceed with so notify all suppliers of labor or materials in writing, and obtain written acknowledgement thereof, prior to ordering such work until it obtains labor or materials. The Tenant agrees to indemnify and save harmless the Landlord from any and all liabilities, expenses, costs, expenditures or otherwise, including attorneys' fees at all judicial levels, for breach of this provision in the event the damages are caused through the negligence of Tenant. The Tenant shall notify the Landlord of any accident,defect, damage or deficiency in any part of the Premises or Building which comes to the attention of the Tenant, its employees or contractors notwithstanding that the Landlord may have no obligation in respect thereof. Tenant will allow Landlord to install, alter or remove any conduit pipes, water, waste, or service lines that may penetrate the Tenant's premises, at Landlord's written approval of such plans and specifications which approval shall not be unreasonably withheldexpense.Landlord agrees to approve or disapprove any such Alteration within fifteen (15) Business Days following Tenant's submission of the same for review in accordance with this Paragraph (the "First Review Period"). If Landlord shall disapprove of any of Tenant's plans during Landlord's First Review Period, Tenant shall be advised in writing by Landlord of the reasons for such disapproval. After Tenant resubmits its revised plans and specifications to Landlord, Landlord shall have a Second Review Period (as defined below) for review of the same subject to the other terms of this Paragraph. Landlord hereby agrees to give its approval or disapproval to said plans and specifications submitted by Tenant for Landlord's review within five (5) Business Days of receipt of the same by Landlord (the "Second Review Period"). With respect to either the First and/or Second Review Periods described herein, if Landlord shall fail to approve or disapprove of any such proposed plans and specifications within the aforementioned periods and the cause for such failure on the part of Landlord shall not be cause beyond the reasonable control of Landlord, then, provided Tenant shall, following the expiration of the aforementioned periods, send Landlord a notice (the "Warning Notice") setting forth Landlord's failure to so approve or disapprove the submitted plans and specifications and provided such Warning Notice shall expressly reference this Paragraph "6" of the Lease and the consequences of Landlord's failure to respond within the five (5) day period hereinafter set forth, then if Landlord shall fail to approve or disapprove of the submitted plans and specifications within a five (5) day period following the date upon which Landlord shall have received such Warning Notice, the proposed submitted plans and specifications shall be deemed approved. Notwithstanding the foregoing, Tenant may make decorative, non- structural alterations or alterations with a cost less than $50,000 which do not impact building mechanical systems or structure without the approval of the Landlord.

Appears in 1 contract

Samples: Commercial Lease Agreement (Video Jukebox Network Inc)

ALTERATIONS, ADDITIONS OR IMPROVEMENTS. Except for the Tenant Improvements, the installation and payment of which shall be governed by the provisions of Exhibit B, Tenant shall notnot make or suffer to be made any alterations, additions, or improvements to or of the Premises or any part thereof or attach any fixtures or equipment thereto (collectively, "Alterations") without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed; provided, however, that Tenant may, without first obtaining Landlord's prior written consent, make non-structural Alterations the aggregate cost of which does not exceed $25,000 in any twelve (12) month period ("Permitted Alterations"). Except for Alterations which cannot be removed without structural injury to the Premises (which shall immediately become Landlord's property and, at the end of the Term, shall remain on the Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove the same), all Alterations shall belong to Tenant and may be removed by Tenant at any time provided that Tenant repairs all damage caused by such removal. At Landlord's option, which Landlord may exercise in its sole and absolute discretion, by notice to Tenant (a) within thirty (30) days after Tenant's written request therefor (which request shall be accompanied by a copy of any space plans or other written information reasonably required by Landlord), or (b) if no such request is made then at the end of the Term, Tenant shall remove all or any Alterations, repair any damage to the Premises, and restore the Premises to their condition prior to the installation of the Alterations. Landlord shall have no lien in any item of Tenant's trade fixtures, furniture, equipment or other personal property. Tenant at its expense shall obtain any and all permits and consents of applicable governmental authorities in respect of the Alterations and shall comply with the requirements of all governmental authorities in connection therewith, including all building codes; and Tenant shall be liable to Landlord and shall reimburse Landlord for the costs of any improvements to the Building (whether or not within the Premises) which may be required by governmental authority as a consequence of the Alterations. All Alterations made by Tenant with the prior written consent of Landlord shall be at Tenant's sole cost and expense, and, except for any Permitted Alterations, shall be effected through the use of contractors approved by Landlord who, with respect to any project costing in excess of $100,000, shall furnish to Landlord upon demand such completion bonds and labor and material bonds as Landlord may require so as to assure completion of the Alterations on a lien-free basis (and the furnishing of the same shall not to be unreasonably withheld or unduly delayed in each and every instancerelieve Tenant of its obligation under Section 8 hereof). Without limiting any other provision hereof, make before commencing any alterations, additions or improvements in, to or about the Premises. Before proceeding with any Alteration, Alteration Tenant shall submit to Landlord, for Landlord's approval, plans and specifications for the work to be done, and Tenant shall not proceed with such work until it obtains Landlord's written approval of such plans and specifications which approval shall not be unreasonably withheld.furnish Landlord agrees to approve or disapprove any such Alteration within at least three (3) but no more than fifteen (15) Business Days following Tenant's submission days' prior written notice so that Landlord may post any notices of the same for review in accordance with this Paragraph (the "First Review Period"). If Landlord shall disapprove of any of Tenant's plans during Landlord's First Review Period, Tenant shall be advised in writing non-responsibility or other notices reasonably required by Landlord of the reasons for such disapproval. After Tenant resubmits its revised plans and specifications to Landlord, Landlord shall have a Second Review Period (as defined below) for review of the same subject to the other terms of this Paragraph. Landlord hereby agrees to give its approval or disapproval to said plans and specifications submitted by Tenant for Landlord's review within five (5) Business Days of receipt of the same by Landlord (the "Second Review Period"). With respect to either the First and/or Second Review Periods described herein, if Landlord shall fail to approve or disapprove of any such proposed plans and specifications within the aforementioned periods and the cause for such failure on the part of Landlord shall not be cause beyond the reasonable control of Landlord, then, provided Tenant shall, following the expiration of the aforementioned periods, send Landlord a notice (the "Warning Notice") setting forth Landlord's failure to so approve or disapprove the submitted plans and specifications and provided such Warning Notice shall expressly reference this Paragraph "6" of the Lease and the consequences of Landlord's failure to respond within the five (5) day period hereinafter set forth, then if Landlord shall fail to approve or disapprove of the submitted plans and specifications within a five (5) day period following the date upon which Landlord shall have received such Warning Notice, the proposed submitted plans and specifications shall be deemed approved. Notwithstanding the foregoing, Tenant may make decorative, non- structural alterations or alterations with a cost less than $50,000 which do not impact building mechanical systems or structure without the approval of the Landlord.

Appears in 1 contract

Samples: Commercial Office Lease (Tut Systems Inc)

ALTERATIONS, ADDITIONS OR IMPROVEMENTS. Tenant shall notmay not make any -------------------------------------- alterations, improvements, door lock changes or other modifications to the Premises or move Tenant's furnishings, equipment or other property into or out of the Premises or Building without first obtaining the prior written consent of Landlord Landlord, which consent shall not to be unreasonably withheld or unduly delayed delayed. Requests must be in each writing and every instancedetailed to Landlord's reasonable satisfaction. Tenant shall give Landlord at least ten (10) days' advance notice before beginning work on any alterations to permit Landlord, make if Landlord so elects, to file a Notice of Nonresponsibility or take any other action in advance of the commencement of any alterations. All alterations, additions or improvements in(including, but not limited to or about the Premises. Before proceeding with any Alterationcarpets, Tenant shall submit to Landlord, for Landlord's approval, plans drapes and specifications for the work anything secured in a manner customarily deemed to be donepermanent) are fixtures, not subject to attachment of a mechanic's or materialman's lien, and Tenant shall not proceed with such work until it obtains Landlord's written approval will become the property of such plans Landlord and specifications which approval shall not be unreasonably withheld.Landlord agrees to approve or disapprove any such Alteration within fifteen (15) Business Days following Tenant's submission remain in the Premises at the end of the same for review in accordance with this Paragraph (the "First Review Period")Lease Term. If Landlord shall disapprove be damaged as a result of any breach by Tenant of Tenant's plans during this covenant, Tenant agrees to pay to Landlord the amount of such damage. All alterations, additions or improvements made in or upon the Premises, either by Landlord or Tenant in order to comply with ADA and the Texas Act are Landlord's First Review Period, Tenant shall be advised in writing by Landlord of the reasons for such disapproval. After Tenant resubmits its revised plans and specifications to Landlord, Landlord shall have a Second Review Period (as defined below) for review of the same subject to the other terms property on termination of this Paragraph. Landlord hereby agrees to give its approval or disapproval to said plans Lease and specifications submitted by Tenant for Landlord's review within five (5) Business Days of receipt of the same by Landlord (the "Second Review Period"). With respect to either the First and/or Second Review Periods described herein, if Landlord shall fail to approve or disapprove of any such proposed plans and specifications within the aforementioned periods and the cause for such failure remain on the part of Landlord shall not be cause beyond the reasonable control of Landlord, then, provided Tenant shall, following the expiration of the aforementioned periods, send Landlord a notice (the "Warning Notice") setting forth Landlord's failure Premises without compensation to so approve or disapprove the submitted plans and specifications and provided such Warning Notice shall expressly reference this Paragraph "6" of the Lease and the consequences of Landlord's failure to respond within the five (5) day period hereinafter set forth, then if Landlord shall fail to approve or disapprove of the submitted plans and specifications within a five (5) day period following the date upon which Landlord shall have received such Warning Notice, the proposed submitted plans and specifications shall be deemed approvedTenant. Notwithstanding the foregoing, other than the Improvements (as defined in Exhibit "C"), Landlord has the option to require Tenant to remove any fixtures, ----------- equipment and other improvements installed in the Premises which are not customary and usual to office use, provided however, that Landlord advises Tenant in writing at the time Tenant seeks in writing Landlord's consent to install such fixture, equipment, or other improvement that Landlord would require its removal upon termination of this Lease. If Landlord requires removal and Tenant fails to comply within ten (10) days after written notice from Landlord, Landlord may make decorativeremove same at Tenant's cost, non- structural alterations and Tenant shall pay Landlord upon demand all costs incurred by Landlord in removing the alterations, additions and improvements. Tenant's performance of its obligations to maintain and repair and any moving of Tenant's furnishings, equipment or alterations other property may be conducted only by contractors and subcontractors reasonably approved in writing by Landlord. Tenant must maintain and cause such contractors and subcontractors to maintain insurance coverage against such risks, in such amounts and with a cost less than $50,000 which do not impact building mechanical systems or structure without the approval such companies as Landlord reasonably requires in connection with any maintenance and repair. Such contractors and subcontractors must provide Landlord with certificates of the Landlordinsurance prior to commencement of work, and such certificates shall list Landlord and its asset manager, property manager, managing agent and any other designee of Landlord as additional insureds.

Appears in 1 contract

Samples: Diversified Corporate Resources Inc

AutoNDA by SimpleDocs

ALTERATIONS, ADDITIONS OR IMPROVEMENTS. Tenant Sublessee shall notnot make any alteration, addition, improvement, utility installation or repair in, on or about, or to the Sub-Premises or the Building without first obtaining the written consent of Landlord not to be unreasonably withheld or unduly delayed in each and every instance, make any Sublessor. All alterations, additions additions, permanent improvements, utility installations and repairs that shall be made shall be at the sole expense of Sublessee. Sublessee represents and warrants to and covenants with Sublessor that all improvements heretofore installed on the Sub-Premises, as well as any that may be installed from date hereof to the Commencement Date, have been and will be installed with the express written consent of Landlord. At expiration of the Term, unless otherwise indicated in a notice by Sublessor delivered to Sublessee at the time of approval of any alteration, addition or improvement, Sublessee shall at its sole cost and expense: (a) remove all such alterations, additions, permanent improvements in, and utility installations installed after the Commencement Date and (b) restore the Sub-Premises to or about the Premisestheir prior condition. Before proceeding with any Alteration, Tenant If Sublessor shall submit to Landlord, for Landlord's approval, plans not require such removal and specifications for the work to be donerestoration, and Tenant shall if Sublessee does not proceed with such work until it obtains Landlord's written approval of such plans elect to so remove and specifications which approval shall not be unreasonably withheld.Landlord agrees to approve or disapprove any such Alteration within fifteen (15) Business Days following Tenant's submission restore, all of the same for review in accordance shall become the property of Sublessor and shall remain on and be surrendered with this Paragraph (the "First Review Period"). If Landlord shall disapprove of any of Tenant's plans during Landlord's First Review Period, Tenant shall be advised in writing by Landlord Sub-Premises as a part thereof at the termination of the reasons for such disapproval. After Tenant resubmits its revised plans and specifications to LandlordTerm without disturbance, Landlord shall have a Second Review Period (as defined below) for review of the same subject to the other terms of this Paragraph. Landlord hereby agrees to give its approval molestation, or disapproval to said plans and specifications submitted by Tenant for Landlord's review within five (5) Business Days of receipt of the same by Landlord (the "Second Review Period"). With respect to either the First and/or Second Review Periods described herein, if Landlord shall fail to approve or disapprove of any such proposed plans and specifications within the aforementioned periods and the cause for such failure on the part of Landlord shall not be cause beyond the reasonable control of Landlord, then, provided Tenant shall, following the expiration of the aforementioned periods, send Landlord a notice (the "Warning Notice") setting forth Landlord's failure to so approve or disapprove the submitted plans and specifications and provided such Warning Notice shall expressly reference this Paragraph "6" of the Lease and the consequences of Landlord's failure to respond within the five (5) day period hereinafter set forth, then if Landlord shall fail to approve or disapprove of the submitted plans and specifications within a five (5) day period following the date upon which Landlord shall have received such Warning Notice, the proposed submitted plans and specifications shall be deemed approvedinjury. Notwithstanding the foregoing, Tenant may make decorativeSublessor represents that the furniture and equipment listed on Exhibit C attached hereto constitutes a complete list of all such furniture and equipment located in the Sub-Premises, non- structural alterations whether owned by Sublessor or alterations with a cost less than $50,000 another entity, and that all such furniture and equipment on Exhibit C which do not impact building mechanical systems or structure without is owned by Sublessor has been identified as such and shall become the approval personal property of Sublessee immediately upon the expiration of the LandlordSublease, provided Sublessee is not in breach of this Agreement.

Appears in 1 contract

Samples: Sublease Agreement (Lionbridge Technologies Inc /De/)

ALTERATIONS, ADDITIONS OR IMPROVEMENTS. Tenant Subtenant shall not, without first obtaining the written consent of Landlord not to be unreasonably withheld or unduly delayed in each and every instanceSublandlord, make any alterations, additions or improvements in, to or about the Subleased Premises, including any initial alterations or improvements required by Subtenant in order to occupy the Subleased Premises. Before proceeding All such approved alterations, additions or improvements shall be at Subtenant’s sole cost and expense. All improvements made by Subtenant to the Subleased Premises which are so attached to the Subleased Premises that they cannot be removed without material injury to the Subleased Premises shall become the property of Sublandlord upon installation. Not later than the last day of the term of the Sublease, Subtenant shall, at Subtenant’s expense, remove all of Subtenant’s personal property and those improvements made by Subtenant which have not become the property of Sublandlord, including trade fixtures, cabinet work, moveable paneling, partitions and the like; repair all injury done by or in connection with any Alterationthe installation or removal of said property and improvements; and surrender the Subleased Premises in as good condition as they were at the beginning of the term, Tenant reasonable wear and damage by fire, the elements, casualty or other causes not due to the misuse or neglect by Subtenant, Subtenant’s agents, servants, visitors or licensees excepted. All other property of Subtenant remaining on the Subleased Premises after the last day of the term of the Sublease shall submit to Landlord, for Landlord's approval, plans be conclusively deemed abandoned and specifications may be removed by Sublandlord. Subtenant shall reimburse Sublandlord for the work to be done, and Tenant shall not proceed with such work until it obtains Landlord's written approval cost of such plans and specifications which approval shall not be unreasonably withheld.Landlord agrees to approve or disapprove removal. Sublandlord may have any such Alteration within fifteen (15) Business Days following Tenant's submission of the same for review in accordance with this Paragraph (the "First Review Period"). If Landlord shall disapprove of any of Tenant's plans during Landlord's First Review Period, Tenant shall be advised in writing by Landlord of the reasons for such disapproval. After Tenant resubmits its revised plans property stored at Subtenant’s risk and specifications to Landlord, Landlord shall have a Second Review Period (as defined below) for review of the same subject to the other terms of this Paragraph. Landlord hereby agrees to give its approval or disapproval to said plans and specifications submitted by Tenant for Landlord's review within five (5) Business Days of receipt of the same by Landlord (the "Second Review Period"). With respect to either the First and/or Second Review Periods described herein, if Landlord shall fail to approve or disapprove of any such proposed plans and specifications within the aforementioned periods and the cause for such failure on the part of Landlord shall not be cause beyond the reasonable control of Landlord, then, provided Tenant shall, following the expiration of the aforementioned periods, send Landlord a notice (the "Warning Notice") setting forth Landlord's failure to so approve or disapprove the submitted plans and specifications and provided such Warning Notice shall expressly reference this Paragraph "6" of the Lease and the consequences of Landlord's failure to respond within the five (5) day period hereinafter set forth, then if Landlord shall fail to approve or disapprove of the submitted plans and specifications within a five (5) day period following the date upon which Landlord shall have received such Warning Notice, the proposed submitted plans and specifications shall be deemed approved. Notwithstanding the foregoing, Tenant may make decorative, non- structural alterations or alterations with a cost less than $50,000 which do not impact building mechanical systems or structure without the approval of the Landlordexpense.

Appears in 1 contract

Samples: Sublease (Axcan Intermediate Holdings Inc.)

ALTERATIONS, ADDITIONS OR IMPROVEMENTS. Tenant shall not, without first obtaining the written consent of Landlord not make or -------------------------------------- allow to be unreasonably withheld or unduly delayed in each and every instance, make made any alterations, additions or improvements inin or to the Leased Premises (collectively, to or about "Alterations") without obtaining the Premisesprior written consent of Landlord. Before proceeding with any Alteration, Tenant shall submit to Landlord, for Landlord's approvalconsent shall not be unreasonably withheld with respect to proposed Alterations that (i) comply with all applicable laws, ordinances, rules and regulations, (ii) are compatible with the Building and its mechanical, electrical, HVAC and life safety systems; (iii) will not interfere with the use and occupancy of any other portion of the Building by any other tenant or their invitees; (iv) do not affect the structural portions of the Building; and (v) do not and will not, whether alone or taken together with other improvements, require the construction of any other improvements or alterations within the Building. In determining whether or not to consent to proposed Alterations, Landlord shall have the right (without limitation) 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 of Alterations, and the time for performance of such work. Tenant shall supply to be done, Landlord any documents and information reasonably requested by Landlord in connection with the exercise of its rights hereunder. Landlord may hire outside consultants to review such documents and information and Tenant shall not proceed with reimburse Landlord for the reasonable cost thereof, including reasonable attorneys' fees, upon demand. All Alterations permitted hereunder shall be made and performed by Tenant or, at Landlord's election, may be performed by Landlord, without cost or expense to Landlord; provided however, the cost for Landlord to perform such work until it obtains Landlord's written approval in excess of the cost and expense that Tenant would have incurred, using its own qualified contractors, to perform such plans and specifications which approval Alteration work shall not be unreasonably withheld.Landlord agrees to approve or disapprove any such Alteration within fifteen (15) Business Days following Tenant's submission of the same for review in accordance with this Paragraph (the "First Review Period")responsibility. If Landlord Tenant shall disapprove pay Landlord, upon completion of any of Tenant's plans during Landlord's First Review PeriodAlteration, Tenant shall be advised in writing by Landlord of the reasons for such disapproval. After Tenant resubmits its revised plans and specifications to Landlord, Landlord shall have a Second Review Period (as defined below) for review of the same subject to the other terms of this Paragraph. Landlord hereby agrees to give its approval or disapproval to said plans and specifications submitted by Tenant reasonable fee for Landlord's review within five (5) Business Days of receipt supervision and administration of the same by Landlord installation thereof; provided, however, that such fee (not to exceed 5% of the cost of the Alteration) shall not be deemed to be "Second Review Period"income" for purposes of calculating management cost recovery under Section 3.05.(a)(7). With The obligations of the parties with respect to either removal of Alterations shall be controlled by Section 5.19; provided, however, that Landlord shall notify Tenant at the First and/or Second Review Periods described hereintime Landlord consents to any Alteration, if Landlord shall fail to approve or disapprove will require the removal of any such proposed plans and specifications within the aforementioned periods and the cause for such failure on the part Alterations upon termination of Landlord shall not be cause beyond the reasonable control of Landlord, then, provided Tenant shall, following the expiration of the aforementioned periods, send Landlord a notice (the "Warning Notice") setting forth Landlord's failure to so approve or disapprove the submitted plans and specifications and provided such Warning Notice shall expressly reference this Paragraph "6" of the Lease and the consequences of Landlord's failure to respond within the five (5) day period hereinafter set forth, then if Landlord shall fail to approve or disapprove of the submitted plans and specifications within a five (5) day period following the date upon which Landlord shall have received such Warning Notice, the proposed submitted plans and specifications shall be deemed approved. Notwithstanding the foregoing, Tenant may make decorative, non- structural alterations or alterations with a cost less than $50,000 which do not impact building mechanical systems or structure without the approval of the LandlordLease.

Appears in 1 contract

Samples: Lease (Actuate Corp)

ALTERATIONS, ADDITIONS OR IMPROVEMENTS. Tenant shall not, without first obtaining the written consent of Landlord not to be unreasonably withheld or unduly delayed in each and every instance, make any alterations, alterations additions or improvements in(structural or otherwise) in or upon the Premises or the Building, without obtaining Landlord's prior written consent. Any permitted additions or alterations shall conform to or about all building code standards and other requirements of the federal, state and local governments; and Tenant shall obtain all required governmental permits and approvals prior to beginning any work at the Premises. Before proceeding All additions, alterations, installations, changes, replacements or improvements upon the Premises (including, but limited to, floor coverings, wall and ceiling lighting fixtures, window blinds and coverings, drapes and drapery hardware), whether made or installed by Tenant or by Landlord for Tenant's benefit, shall remain upon the Premises, become the property of Landlord, and be surrendered with any Alterationthe Premises and without disturbance or injury at the Expiration Date or other termination of this Lease. Should Landlord elect that certain alterations, installations, replacements, additions to or improvements upon the Premises be removed upon the Expiration Date or other termination of this Lease, Tenant shall submit to Landlord, for Landlord's approval, plans and specifications for cause the work same to be doneremoved at Tenant's sole cost and expense, and Tenant shall not proceed repair any damage that may be caused by said removal. No later than the Expiration Date, Tenant shall remove all its property from the Premises and shall repair all injury done in connection with such the installation or removal of said property. All personal property of Tenant remaining on the Premises after the Expiration Date shall be deemed abandoned and may, at the election of Landlord, be removed and Tenant shall reimburse Landlord any costs of removing the same. In doing work until it obtains of the nature described in this section, Tenant shall use only contractors or workmen approved by Landlord's written approval of such plans and specifications which approval . Tenant shall not also remove or appropriately bond off any lien for material or labor claimed to be unreasonably withheld.Landlord agrees furnished to approve or disapprove any such Alteration within fifteen (15) Business Days following the Premises on Tenant's submission of the same for review in accordance with this Paragraph behalf within ten (the "First Review Period"). If Landlord shall disapprove of any 10) business days of Tenant's plans during notice of the filing of such a lien. Landlord, at Landlord's First Review Periodsole expense, Tenant shall recarpet the Leased Premises (carpet samples shall be advised in writing by Landlord of given to the reasons Tenant for such disapprovalcolor selection) and repair and repaint the existing front doors. After Tenant resubmits its revised plans and specifications to Landlord, Landlord shall have a Second Review Period (as defined below) for review of the same subject to the other terms of this Paragraph. Landlord hereby agrees to give its approval or disapproval to said plans and specifications submitted by Tenant for Landlord's review within five (5) Business Days of receipt of the same by Landlord (the "Second Review Period"). With respect to either the First and/or Second Review Periods described herein, if Landlord shall fail to approve or disapprove of any such proposed plans and specifications within the aforementioned periods and the cause for such failure on the part of Landlord shall not be cause beyond the reasonable control of Landlord, then, provided Tenant shall, following the expiration of the aforementioned periods, send Landlord a notice (the "Warning Notice") setting forth Landlord's failure to so approve or disapprove the submitted plans and specifications and provided such Warning Notice shall expressly reference this Paragraph "6" after full execution of the Lease and the consequences of Landlord's failure to respond within the five (5) day period hereinafter set forth, then if Landlord shall fail to approve or disapprove bank clearance of the submitted plans first month's rent and specifications within a five (5) day period following security deposit checks, shall allow the date upon which Landlord shall have received such Warning NoticeTenant access to the Leased Premises to begin their Tenant modifications. Tenant will abide by all stipulations, the proposed submitted plans restrictions and specifications shall be deemed approved. Notwithstanding the foregoing, Tenant may make decorative, non- structural alterations or alterations with a cost less than $50,000 which do not impact building mechanical systems or structure without the approval covenants of the LandlordLease during this access period (to include, but not limited to, insurance requirements).

Appears in 1 contract

Samples: Lease Agreement (Coronado Industries Inc)

ALTERATIONS, ADDITIONS OR IMPROVEMENTS. Tenant LESSEE shall notnot make any alteration, addition, or improvement within the Leased Premises or in any of the Common Areas or effect the installation of any fixtures required by the conduct of its business, without first obtaining the prior written consent of Landlord not LESSOR. All such alterations, additions, or improvements shall be carried out subject to such reasonable terms and conditions as may be unreasonably withheld or unduly delayed in each and every instance, make any imposed by LESSOR. All authorized alterations, additions or improvements inmade by LESSEE shall be done in good workmanlike fashion and at LESSEE’s cost. LESSOR reserves the right to require LESSEE to use LESSOR’s building contractor for any renovation of the Leased Premises when, to in LESSOR’s reasonable opinion, the proposed renovation may adversely affect any of the warranties or about guarantees given by any contractors of the Premisesbuilding. Before proceeding with any AlterationAll building architectural, Tenant shall submit to Landlordengineering, for Landlord's approval, conceptual plans and specifications for any alteration, addition or improvement shall be submitted to LESSOR for its approval at least Fourteen (14) days prior to the commencement of work on any such alteration, addition or improvement. The approval by LESSOR of such alterations, additions or improvements shall in no event relieve LESSEE from the responsibility of obtaining all the necessary permits and licenses pertaining to such alterations, additions, improvements, or installations or from paying the necessary taxes, insurance premium or fees as shall be donenecessary or appropriate in connection therewith. LESSEE shall give all the notices required and shall comply with all ordinances, rules and regulations issued by governmental agencies and public utility companies having jurisdiction over the same. For purposes hereof, LESSEE shall submit to LESSOR the CAR Insurance and the construction cash bond required by Articles 2.4 and 2.5, respectively, prior to the commencement of any construction or renovation of the Leased Premises or the Common Areas for the purpose of effecting any alteration, addition, improvement or installation. All such alterations, additions or fixed improvements made by LESSEE, as well as any alteration, improvement or installation placed in or on the Leased Premises by LESSOR, except movable furniture and fixtures placed in the Leased Premises at the expense of LESSEE and removable without defacing or injuring any ceiling floor, wall or any portion of the Building or the Leased Premises, shall become the property of LESSOR at the expiry or termination of this lease, and Tenant shall not proceed remain upon and be surrendered with such work until it obtains Landlord's written approval the Leased Premises as part thereof without compensation for their value to LESSEE. In the event that LESSEE fails to comply with the provisions of this Article, LESSOR shall be entitled to apply the total cost of damages incurred by reason of such plans and specifications which approval shall not be unreasonably withheld.Landlord agrees to approve or disapprove any such Alteration within fifteen (15) Business Days following Tenant's submission violation against the amount of the Security Deposit, without prejudice to the right of LESSOR to recover any deficiency from LESSEE. Should LESSOR decide that it does not want any or all of the alterations, additions or improvements, it shall so advise LESSEE, who hereby undertakes to remove the same for review from the Leased Premises within thirty (30) days from said advice, at LESSEE’s sole cost. Notwithstanding anything to the contrary in accordance with this Paragraph (the "First Review Period"). If Landlord Contract, it is understood that LESSEE shall disapprove of have no obligation to remove any of Tenant's plans during Landlord's First Review Period, Tenant shall be advised in writing by Landlord of its permanent improvements or additions or fixed alterations from the reasons for such disapproval. After Tenant resubmits its revised plans and specifications to Landlord, Landlord shall have a Second Review Period (as defined below) for review of the same subject to the other terms of this Paragraph. Landlord hereby agrees to give its approval or disapproval to said plans and specifications submitted by Tenant for Landlord's review within five (5) Business Days of receipt of the same by Landlord (the "Second Review Period"). With respect to either the First and/or Second Review Periods described herein, if Landlord shall fail to approve or disapprove of any such proposed plans and specifications within the aforementioned periods and the cause for such failure on the part of Landlord shall not be cause beyond the reasonable control of Landlord, then, provided Tenant shall, following Leased Premises at the expiration of the aforementioned periods, send Landlord a notice (the "Warning Notice") setting forth Landlord's failure to so approve or disapprove the submitted plans and specifications and provided such Warning Notice shall expressly reference this Paragraph "6" termination of the Lease Term on the condition that they have been kept in good tenantable condition subject to reasonable wear and tear. In the consequences event LESSEE has made any removal of Landlord's failure improvements, additions or alterations pursuant to respond within the five (5) day period hereinafter set forththis provision, then if Landlord shall fail to approve or disapprove of the submitted plans and specifications within a five (5) day period following the date upon which Landlord shall have received any such Warning Notice, the proposed submitted plans and specifications removal shall be deemed approvedundertaken without defacing the Leased Premises and/or Building. Notwithstanding In the foregoingevent that damage or injury is caused to the Leased Premises and/or Building as a result of such removal, Tenant may make decorative, non- structural alterations LESSEE undertakes to immediately repair any such damage or alterations with a cost less than $50,000 which do not impact building mechanical systems or structure without injury caused to the approval of the LandlordLeased Premises and/or Building.

Appears in 1 contract

Samples: Contract of Lease (WNS (Holdings) LTD)

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